Government should address core Libya rendition allegations, judge rules – The Guardian

‘The government should address the core allegations of 12 claimants who say they were kidnapped, tortured, subject to control orders or tricked into travelling to Libya where they were detained or mistreated, a high court judge has said.’

Full story

The Guardian, 1st July 2015

Source: www.guardian.co.uk

Comments Off on Government should address core Libya rendition allegations, judge rules – The Guardian

Litigants in person, mental health, and relief from sanctions – Zenith PI Blog

‘An application for an extension of time to serve medical evidence by a litigant in person with a mental health disability was refused where there had been a number of breaches and considerable delay, effectivly bringing proceedings to a halt. Appeal to Court of Appeal dismissed.’

Full story

Zenith PI Blog, 26th June 2015

Source: www.zenithpi.wordpress.com

Comments Off on Litigants in person, mental health, and relief from sanctions – Zenith PI Blog

Courts given stronger powers to strike out ‘fundamentally dishonest’ claims, says expert – OUT-LAW.com

Posted June 18th, 2015 in fraud, insurance, news, personal injuries, striking out by sally

‘Courts in England and Wales now have the power to strike out personal injury claims in their entirety if the person making the claim has been fundamentally dishonest, even if parts of the claim were genuine.’
Full story

OUT-LAW.com, 17th June 2015

Source: www.out-law.com

Comments Off on Courts given stronger powers to strike out ‘fundamentally dishonest’ claims, says expert – OUT-LAW.com

Relief from sanctions- Be sensible or be prepared to pay – Zenith PI Blog

Posted June 9th, 2015 in delay, news, sanctions, service, striking out by tracey

‘Viridor Waste Management Ltd v Veolia ES Ltd [2015] (unreported)
The Claimant was awarded costs on the indemnity basis when the Defendant had taken unreasonable advantage of the Claimant’s late service of its particulars of claim in the hope of obtaining a windfall strike-out when it was obvious that relief from sanctions was appropriate.’

Full story

Zenith PI Blog, 8th June 0215

Source: www.zenithpi.wordpress.com

Comments Off on Relief from sanctions- Be sensible or be prepared to pay – Zenith PI Blog

Financial remedy and Wyatt v Vince – Law Society’s Gazette

‘Despite the highly unusual facts of Wyatt v Vince [2015] UKSC 14, the Supreme Court’s decision on 11 March to allow Ms Wyatt to proceed with her financial remedy application has attracted a great deal of comment. The Supreme Court unanimously allowed the wife’s appeal. Lord Wilson gave the leading judgment.’

Full story

Law Society’s Gazette, 1st June 2015

Source: www.lawgazette.co.uk

Comments Off on Financial remedy and Wyatt v Vince – Law Society’s Gazette

Wasted costs ordered against solicitor and counsel and case struck out – Free Movement

Posted May 15th, 2015 in barristers, costs, judicial review, law firms, news, striking out, tribunals by tracey

‘In the case of R (on the application of SN) v Secretary of State for the Home Department (striking out – principles) IJR [2015] UKUT 227(IAC) the President of the Upper Tribunal Immigration and Asylum Chamber not only strikes out the applicant’s judicial review claim but also goes on to make a wasted costs order against both the solicitors and counsel involved in the case.’

Full story

Free Movement, 14th May 2015

Source: www.freemovement.org.uk

Comments Off on Wasted costs ordered against solicitor and counsel and case struck out – Free Movement

Appeal court upholds strike-out of litigant-in-person’s claim over non-compliance – Litigation Futures

‘A litigant-in-person has lost his claim for psychiatric injury against the Stobart Group and associated companies over his failure to serve a medical report.’

Full story

Litigation Futures, 15th May 2015

Source: www.litigationfutures.com

Comments Off on Appeal court upholds strike-out of litigant-in-person’s claim over non-compliance – Litigation Futures

“Fundamental dishonesty” and striking out in personal injury cases: ten key procedural points – Zenith PI

Posted May 12th, 2015 in news, personal injuries, striking out by tracey

‘The rule as to “fundamental” dishonesty has attracted a lot of attraction (and a lot of heated debate). However there has been very little examination of the details of the Act and the consequent procedural consequences. There are 10 key points which every personal injury litigator must be aware of.’

Full story

Zenith PI, 9th May 2015

Source: www.zenithpi.wordpress.com

Comments Off on “Fundamental dishonesty” and striking out in personal injury cases: ten key procedural points – Zenith PI

Setting up special purpose vehicle to pursue debts “not champertous”, High Court rules – Litigation Futures

Posted May 7th, 2015 in champerty, debts, news, striking out by sally

‘Setting up a company as a special purpose vehicle to pursue an individual and his family for debts, including through the courts, does not amount to champerty, the High Court has ruled.’

Full story

Litigation Futures, 7th May 2015

Source: www.litigationfutures.com

Comments Off on Setting up special purpose vehicle to pursue debts “not champertous”, High Court rules – Litigation Futures

Legal professional privilege was waived, High Court rules in probate dispute – Litigation Futures

Posted April 17th, 2015 in legal profession, negligence, news, privilege, striking out by sally

‘The High Court has rejected an application to strike out part of a negligence claim on the grounds that they referred to matters protected by legal professional privilege.’

Full story

Litigation Futures, 16th April 2015

Source: www.litigationfutures.com

Comments Off on Legal professional privilege was waived, High Court rules in probate dispute – Litigation Futures

No duty of care in allocation decisions – Nearly Legal

Posted April 7th, 2015 in duty of care, health, housing, news, striking out by sally

‘Can a council’s failure to carry out its responsibilities under its allocation scheme be the subject of a claim in breach of duty of care? This was the hearing of the Defendant’s application to strike out a claim on exactly that issue.’

Full story

Nearly Legal, 4th April 2015

Source: www.nearlylegal.co.uk

Comments Off on No duty of care in allocation decisions – Nearly Legal

Pleadings and putting to proof – an update – Park Square Barristers

Posted April 2nd, 2015 in appeals, fraud, insurance, news, road traffic, striking out by sally

‘An appeal case from the High Court has clarified the position post-Hussain v Amin Charters in respect of road traffic insurers putting claimants to proof due to concerns about fraud.’

Full story

Park Square Barristers, 31st March 2015

Source: www.parksquarebarristers.co.uk

Comments Off on Pleadings and putting to proof – an update – Park Square Barristers

No entitlement to human rights damages after ‘caste discrimination’ case collapse – UK Human Rights Blog

‘The High Court has ruled that when long-running employment tribunal hearing collapsed as the result of the judge’s recusal due to apparent bias the claimants in the action could not obtain damages for wasted costs under section 6 of the Human Rights Act (HRA) 1998 (specifically Article 6, the right to a fair trial) or the EU Charter.’

Full story

UK Human Rights Blog, 25th February 2015

Source: www.ukhumanrightsblog.com

Comments Off on No entitlement to human rights damages after ‘caste discrimination’ case collapse – UK Human Rights Blog

Mitchell and Denton have “direct bearing” on strike-outs for non-compliance – Litigation Futures

Posted December 16th, 2014 in civil procedure rules, news, sanctions, striking out by tracey

‘The Mitchell principles, restated in Denton, have a “direct bearing” on whether courts should impose strike-outs for non-compliance, the Court of Appeal has ruled.’

Full story

Litigation Futures, 16th December 2014

Source: www.litigationfutures.com

Comments Off on Mitchell and Denton have “direct bearing” on strike-outs for non-compliance – Litigation Futures

The consequences of non payment of Court fees and the failure to file trial bundles – A recent case considered – Zenith PI Blog

Posted November 24th, 2014 in case management, delay, fees, news, solicitors, striking out by sally

‘Despite solicitors for three claimants failing to pay the relevant court fees, failing to file a pre-trial checklist, and failing to prepare a trial bundle (which caused the trial window to be lost) it was nonetheless inappropriate to strike out the claim- the case was all but ready for trial and the claim was not insubstantial.’

Full story

Zenith PI Blog, 21st November 2014

Source: www.zenithpi.wordpress.com

Comments Off on The consequences of non payment of Court fees and the failure to file trial bundles – A recent case considered – Zenith PI Blog

QC wins High Court battle to be paid £100,000 fee – Legal Futures

Posted September 26th, 2014 in barristers, contracts, professional conduct, remuneration, striking out by tracey

‘The High Court has ordered a Jersey lawyer to pay an English barrister’s fee, dismissing a claim that the fee was an honorarium which was not legally enforceable.’

Full story

Legal Futures, 26th September 2014

Source: www.legalfutures.co.uk

Comments Off on QC wins High Court battle to be paid £100,000 fee – Legal Futures

Agbenowossi-Koffi v Donvand Ltd (t/a Gullivers Travel Associates) – WLR Daily

Agbenowossi-Koffi v Donvand Ltd (t/a Gullivers Travel Associates): [2014] EWCA Civ 855; [2014] WLR (D) 282

‘Where a claim of race discrimination had been dismissed on limitation grounds those allegations could not be repeated in a second claim together with additional allegations which could have been included in the first claim but had not been, in order to avoid the limitation defence by founding a claim based on conduct extending over a period of time. The second claim was an abuse of process.’

WLR Daily, 24th June 2014

Source: www.iclr.co.uk

Comments Off on Agbenowossi-Koffi v Donvand Ltd (t/a Gullivers Travel Associates) – WLR Daily

Oh Mr Ghopee – NearlyLegal

Posted April 23rd, 2014 in appeals, consumer credit, licensing, loans, news, striking out by sally

‘God, we are told, loves a trier. Perhaps fortunately, the Court of Appeal takes a less emollient approach with an unlawful money lender who has been repeatedly featured on this site.’

Full story

NearlyLegal, 23rd April 2014

Source: www.nearlylegal.co.uk

Comments Off on Oh Mr Ghopee – NearlyLegal

A second bite of the cherry: Can a claimant bring a fresh claim having failed to obtain relief from sanctions? – Hardwicke Chambers

‘In the brave new world created by the Court of Appeal decision in Mitchell v Newsgroup Newspapers Ltd [2013] EWCA Civ 1537, claimants whose claims have been struck out for failure to comply with a rule, practice direction or order are honing in on second actions as a way of bringing their litigation back to life. The threatened slew of professional negligence suits post-Mitchell could be avoided if lawyers subject to a Mitchell strike-out are able to placate their clients by simply re-issuing proceedings against the defendant.’

Full story

Hardwicke Chambers, 13th March 2014

Source: www.hardwicke.co.uk

Comments Off on A second bite of the cherry: Can a claimant bring a fresh claim having failed to obtain relief from sanctions? – Hardwicke Chambers

Flawed SRA investigation leads tribunal to strike out case – Legal Futures

‘The Solicitors Disciplinary Tribunal (SDT) has taken the unusual step of striking out a case against two solicitors in the middle of the hearing, after the integrity of the investigation by the Solicitors Regulation Authority (SRA) was thrown into question.’

Full story

Legal Futures, 14th March 2014

Source: www.legalfutures.co.uk

Comments Off on Flawed SRA investigation leads tribunal to strike out case – Legal Futures