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

High Court sends clear message to judges on granting relief from sanctions – Litigation Futures

Posted November 25th, 2013 in negligence, news, personal injuries, road traffic, striking out by tracey

‘A High Court judges has sent a strong message to county courts about dealing with applications for relief from sanctions in a case where “a wholesale and flagrant disregard” of directions occurred.’

Full story

Litigation Futures, 25th November 2013

Source: www.www.litigationfutures.com

Comments Off on High Court sends clear message to judges on granting relief from sanctions – Litigation Futures

Student litigation – Choosing the right words – Hardwicke Chambers

“The case of Mr John Scarborough v Canterbury Christ Church University (Scarborough) which was recently decided carries potentially significant implications in terms of bringing a case that may fall under separate heads of action.This article discusses this decision and its practical effect on future litigation.”

Full story

Hardwicke Chambers, 7th November 2013

Source: www.hardwicke.co.uk

Comments Off on Student litigation – Choosing the right words – Hardwicke Chambers

District judges taking hardline approach to Jackson enforcement – Litigation Futures

Posted November 19th, 2013 in appeals, civil procedure rules, disclosure, judiciary, news, striking out by sally

“An increasing number of reports are emerging of hardline decisions by district judges over non-compliance with the CPR or breach of orders and directions.”

Full story

Litigation Futures, 19th November 2013

Source: www.litigationfutures.com

Comments Off on District judges taking hardline approach to Jackson enforcement – Litigation Futures

W H Newson Holding Ltd and others v IMI plc and others – WLR Daily

Posted November 14th, 2013 in appeals, competition, conspiracy, jurisdiction, law reports, striking out, tribunals by tracey

W H Newson Holding Ltd and others v IMI plc and others [2013] EWCA Civ 1377:   [2013] WLR (D)  432

“On its true interpretation, section 47A of the Competition Act 1998, which permitted a claimant to bring a follow-on claim to recover damages based on a finding of an infringement of competition law by the Commission of the European Union, permitted a claimant to bring a conspiracy claim provided that all the ingredients of the cause of action could be established by infringement findings in the Commission’s decision.”

WLR Daily, 12th November 2013

Source: www.iclr.co.uk

Comments Off on W H Newson Holding Ltd and others v IMI plc and others – WLR Daily

Fairclough v Summers – An abuse of Process – Sovereign Chambers

“On the 13th May 2003 whilst acting in the course of his employment with Fairclough Homes Limited (‘Fairclough’), Shaun Summers (‘Mr Summers’) fell from a truck and sustained both a fractured bone in his right hand and a fractured left heel bone. On the 28th October 2003 Fairclough admitted liability for the accident through its insurers (‘the admission’). Mr Summers went on to issue a claim for personal injury and associated losses on the 10th May 2006 but, having examined his medical records (which appeared to cast doubt on Mr Summers’ account of the accident), Fairclough applied for permission to withdraw their admission and served an Amended Defence in relation to liability. On the 28th August 2007, following a trial before HHJ Tetlow (‘the Judge’), Mr Summers obtained judgment against Fairclough with damages to be assessed.”

Full story

Sovereign Chambers, 25th September 2013

Source: www.sovereignchambers.co.uk

Comments Off on Fairclough v Summers – An abuse of Process – Sovereign Chambers

Binns and another v Firstplus Financial Group plc – WLR Daily

Binns and another v Firstplus Financial Group plc [2013] EWHC 2436 (QB); [2013] WLR (D) 361

“Where a claimant had obtained an award pursuant to alternative dispute resolution (‘ADR’) and subsequently brought a civil claim where the only potential advantage in bringing that litigation was the possibility of an additional award in respect of legal costs, the claim was to be struck out under CPR r 3.4(2).”

WLR Daily, 24th July 2013

Source: www.iclr.co.uk

Comments Off on Binns and another v Firstplus Financial Group plc – WLR Daily

Singh v Reading Borough Council – WLR Daily

Singh v Reading Borough Council [2013] EWCA Civ 909; [2013] WLR (D) 306

“An employer’s improper activities in gathering evidence for the purpose of defending a claim of discrimination brought by an employee were not covered by judicial proceedings immunity.”

WLR Daily, 25th July 2013

Source: www.iclr.co.uk

Comments Off on Singh v Reading Borough Council – WLR Daily

Vince v Wyatt: the FPR 2010 strikes back? – Family Law Week

Posted May 30th, 2013 in appeals, civil procedure rules, family courts, news, striking out by sally

“Sian Cox, barrister, Harcourt Chambers analyses the court’s power to strike out in family proceedings and considers in the light of the Court of Appeal judgment in Vince v Wyatt, the circumstances in which such applications may succeed.”

Full story

Family Law Week, 29th May 2013

Source: www.familylawweek.co.uk

Comments Off on Vince v Wyatt: the FPR 2010 strikes back? – Family Law Week

Being civil – NearlyLegal

“Morshead Mansions has been involved in a quite astonishing amount of litigation. Bailii throws up 13 hits, cases in the LVT, Lands Tribunal, High Court and Court of Appeal. It’s really must be the most awful burden on all those involved. And now, there is another case to add to the list, Di Marco v Morshead Mansions Ltd [2013] EWHC 1068 (Ch).”

Full story

NearlyLegal, 14th May 2013

Source: www.nearlylegal.co.uk

Comments Off on Being civil – NearlyLegal