Failure to file LQ – Relief from sanctions refused – Zenith PI Blog

Posted December 16th, 2014 in appeals, case management, civil procedure rules, documents, news, sanctions by tracey

‘British Gas Trading Ltd v Oak Cash & Carry Ltd [2014] EWHC 4058 (QB) 5th December 2014. Relief from sanctions refused where a failure to file the LQ in breach of an unless order led to the loss of the trial date. Although the Defendant applied for relief from sanctions, there was no for the default judgment to be set aside, and no evidence in support of such an application. In these circumstances, the court should not treat the application as though it had been made.’

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Zenith PI Blog, 15th December 2014

Source: www.zenithpi.wordpress.com

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HMRC raid on claims management company was lawful, High Court rules – Litigation Futures

‘HM Revenue and Customs (HMRC) did not act unlawfully when it searched and removed files from a claims management company it was investigating, the High Court has ruled.’

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Litigation Futures, 15th December 2014

Source: www.litigationfutures.com

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Judge quashes ‘generous interpretation’ of Mitchell – Law Society’s Gazette

Posted December 9th, 2014 in documents, news, sanctions, setting aside by sally

‘The High Court has overturned a judgment that granted leniency to a defendant who missed two deadlines for filing a document in a civil case.’

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Law Society’s Gazette, 8th December 2014

Source: www.lawgazette.co.uk

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Judge issues ultimatum after ‘absurd’ £1.3m family dispute – Law Society’s Gazette

Posted December 8th, 2014 in costs, dispute resolution, documents, family courts, news by sally

‘A judge has taken the unusual step of removing most case documents from court and giving partners a final ultimatum to settle their separation dispute.’

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Law Society’s Gazette,

Source: www.lawgazette.co.uk

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Regina (Joicey) v Northumberland County Council – WLR Daily

Posted December 2nd, 2014 in disclosure, documents, energy, law reports, local government, noise, planning by sally

Regina (Joicey) v Northumberland County Council [2014] EWHC 3657 (Admin); [2014] WLR (D) 506

‘As in failure to take account of relevant material consideration cases, so also in a case involving a breach of statutory duty to disclose information, relief would be granted unless the decision-maker could demonstrate that the decision in question would inevitably have been the same had the decision-maker acted as he was required to do.’

WLR Daily, 7th November 2014

Source: www.iclr.co.uk

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Teekay Tankers Ltd v STX Offshore & Shipping Co – WLR Daily

Posted November 26th, 2014 in damages, documents, foreign companies, foreign jurisdictions, law reports by sally

Teekay Tankers Ltd v STX Offshore & Shipping Co [2014] EWHC 3612 (Comm); [2014] WLR (D) 492

‘Service of a claim on an overseas company’s registered United Kingdom’s establishment was valid service, even if the claim did not concern the United Kingdom establishment itself, for the purposes of regulation 7 of the Overseas Companies Regulations 2009 and section 1139(2) of the Companies Act 2006.’

WLR Daily, 6th November 2014

Source: www.iclr.co.uk

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Attorney general’s rejection of ruling on Charles letters was unlawful, court told – The Guardian

Posted November 25th, 2014 in attorney general, disclosure, documents, news, royal family, Supreme Court, trials, veto by sally

‘The government’s most senior legal adviser acted unlawfully when he overrode a court and blocked the publication of secret letters written by Prince Charles, the supreme court has been told.’

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The Guardian, 25th November 2014

Source: www.guardian.co.uk

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The Devil in the Detail: The Court Bundles Practice Direction and J v J [2014] EWHC 3654 – Family Law Week

Posted November 24th, 2014 in documents, family courts, news, practice directions by sally

‘Alexander Chandler, barrister at 1 King’s Bench Walk considers the Implications of the Court Bundles Practice Direction in the light of Mostyn J’s judgment in J v J [2014] EWHC 3654.’

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Family Law Week, 20th November 2014

Source: www.familylawweek.co.uk

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Public access to local authority information: transparency with teeth – Panopticon

Posted November 21st, 2014 in documents, freedom of information, local government, news, planning by tracey

‘The Freedom of Information Act and Environmental Information Regulations are the dominant statutory regimes for public transparency, but they are of course not the only ones. A good example is the regime under the Local Government Act 1972 (as amended), particularly sections 100A-K. Those provisions govern public access to local authority meetings, as well as the public availability of minutes, reports, background documents and so on for such meetings, subject to provisions for exempt information (Schedule 12A). A recent judgment of the Admin Court (Cranston J) in a planning matter, Joicey v Northumberland County Council [2014] EWHC 3657 (Admin) illustrates the importance of compliance with that regime for public access to information.’

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Panopticon, 20th November 2014

Source: www.panopticonblog.com

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The “extraordinary” tale of the lawyer who faked his client’s litigation – Legal Futures

Posted November 20th, 2014 in documents, fraud, news, setting aside, solicitors by tracey

‘The High Court has set aside an order made against a litigant after it emerged that his solicitor had duped him by conducting “fictitious” litigation that included faked judgments and telephone conferences involving the impersonation of his senior partner and of leading counsel.’

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Legal Futures, 20th November 2014

Source: www.legalfutures.co.uk

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Home Secretary’s oral statement on child abuse inquiry – Home Office

‘With permission, Mr Speaker, I would like to make a statement on the independent panel inquiry into child abuse, which has been established to consider whether institutions in England and Wales have taken seriously their duty of care to protect children from sexual abuse.’

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Home Office, 3rd November 2014

Source: www.gov.uk/home-office

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Wanless review ‘fails to find Dickens’ dossier’ – BBC News

‘An inquiry into the Home Office’s handling of child sex abuse claims in the 1980s has failed to uncover any of the missing documents that prompted the probe, BBC Newsnight has been told.’

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BBC News, 7th November 2014

Source: www.bbc.co.uk

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The Dickens Dossier: Secret file on establishment paedophiles may be opened – The Independent

Posted November 6th, 2014 in child abuse, disclosure, documents, inquiries, news, sexual offences by sally

‘A secret file which is said to contain the names of paedophiles with links to the British establishment and which is rumoured to be locked away in archives at the University of Oxford’s Bodleian Library, could be made public as part of the Government’s child abuse inquiry.’

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The Independent, 5th November 2014

Source: www.independent.co.uk

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Standard Chartered Bank v Dorchester LNG (2) Ltd – WLR Daily

Posted October 28th, 2014 in banking, bills, carriage of goods, contracts, documents, law reports, shipping law by sally

Standard Chartered Bank v Dorchester LNG (2) Ltd [2014] EWCA Civ 1382; [2014] WLR (D) 440

‘The expression “completion, by delivery of the bill, of any indorsement of the bill” in section 5(2)(b) of the Carriage of Goods by Sea Act 1992 meant that completion of an indorsement by delivery required the voluntary and unconditional transfer of possession by the holder to the indorsee and an unconditional acceptance by the indorsee.’

WLR Daily, 22nd October 2014

Source: www.iclr.co.uk

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Finding your way – New Law Journal

Posted October 28th, 2014 in budgets, case management, disclosure, documents, law firms, news by sally

‘Jeffrey T Shapiro & James Morrey-Jones examine how law firms should budget for e-discovery post-Jackson.’

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New Law Journal, 27th October 2014

Source: www.newlawjournal.co.uk

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Avonwick Holdings Ltd v Webinvest Ltd and another – WLR Daily

Avonwick Holdings Ltd v Webinvest Ltd and another: [2014] EWHC 3322 (Ch); [2014] WLR (D) 424

‘Communications made at a time when there was no dispute could not, with retrospective effect, be made subject to the without prejudice privilege by subsequently rasing a dispute.

WLR Daily, 10th October 2014

Source: www.iclr.co.uk

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Rectification of Wills Following Marley v Rawlings – No. 5 Chambers

Posted October 15th, 2014 in appeals, documents, news, rectification, Supreme Court, wills by sally

‘David Mtichell, member of No5 Chambers Commercial & Chancery Group, recently gave a talk titled ‘Rectification of Wills Following Marley v Rawlings’ at the No5 Estates Seminar held on 25th September.’

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No. 5 Chambers, 15th October 2014

Source: www.no5.com

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Commission criticised for withholding information on UK internet surveillance – OUT-LAW.com

Posted October 13th, 2014 in disclosure, documents, EC law, intelligence services, internet, news, ombudsmen by sally

‘The European Commission must publish documents containing information about the UK’s communications surveillance operations or “properly justify” its reasons not to do so, an EU watchdog has said.’

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OUT-LAW.com, 10th October 2014

Source: www.out-law.com

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Secret trial defendant pleads guilty to possessing terrorist document – The Guardian

Posted October 10th, 2014 in closed material, documents, guilty pleas, news, reporting restrictions, terrorism by sally

‘One of the defendants due to face charges in a partly secret trial has pleaded guilty to possessing a terrorist document.’

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The Guardian, 9th October 2014

Source: www.guardian.co.uk

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Strack v European Commission – WLR Daily

Posted October 7th, 2014 in documents, EC law, freedom of information, law reports, proportionality by sally

Strack v European Commission (Case C‑127/13 P) ECLI:EU:C:2014:2250; [2014] WLR (D) 40

‘An institution of the European Union could, in exceptional circumstances, refuse access to certain documents on the ground that the workload relating to their disclosure would be disproportionate as compared to the objectives set by the application for access to those documents. However, reliance on the principle of proportionality could not allow the time-limits laid down by Parliament and Council Regulation (EC) No 1049/2001 of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ 2001 L145, p 43) to be changed without creating a situation of legal uncertainty.’

WLR Daily, 2nd October 2014

Source: www.iclr.co.uk

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