‘It is commonplace – as the President of the EAT observed in this appeal – for ETs, carrying out their case management functions at a private preliminary hearing, to seek to clarify the claims that are being pursued and to draw up a list of issues to be determined at the full merits hearing in order to decide those claims. In the present case, such a task came before an EJ sitting alone at a closed preliminary hearing – together with a great quantity of material including a document setting out the claimant’s grounds of complaint over some 64 pages.’
3PB, 3rd May 2022
Source: www.3pb.co.uk
‘Actor Ricky Tomlinson has described an attempt by a newspaper publisher to have his claim against it over unlawful information gathering thrown out of court as “outrageous and disgusting”.’
The Independent, 28th April 2022
Source: www.independent.co.uk
‘A deputy master could hand down her judgment on a case that had been heard but settled the day before she was due to circulate a draft judgment striking out the claims.’
Legal Futures, 20th April 2022
Source: www.legalfutures.co.uk
‘Class action firm Hausfeld has been rebuked by the Solicitors Regulation Authority (SRA) for allowing its independence to be compromised in the conduct of a massive group claim.’
Legal Futures, 5th April 2022
Source: www.legalfutures.co.uk
‘Allegations of criminal behaviour are normally tried in the criminal courts. But where a crime is either not prosecuted, or cannot be proved beyond reasonable doubt, the question may end up being tried in a civil court, even where the allegation is as serious as it could be, such as murder. This may cause difficulties where the evidence relied upon has been obtained by a third party, such as a police force whether in England or abroad, and the claimant is not in a position to give a detailed account of the allegation until that evidence is available.’
St John's Chambers, 1st February 2022
Source: www.stjohnschambers.co.uk
‘The High Court has struck out a professional negligence claim against a London law firm that it decided had been “warehoused”.’
Legal Futures, 18th January 2022
Source: www.legalfutures.co.uk
‘The High Court has struck out libel claims made by a former Warwick University law professor against two fellow academics, an investigator and a law student.’
Legal Futures, 10th January 2022
Source: www.legalfutures.co.uk
‘The English courts can still grant a pan-EU trade mark injunction in proceedings commenced before the end of the Brexit implementation period, the High Court has confirmed.’
Law Society's Gazette, 29th December 2021
Source: www.lawgazette.co.uk
‘The disruption caused by Covid last year was not a good enough excuse for a law firm missing a deadline to file amended particulars of claim by four months, the High Court has ruled.’
Legal Futures, 6th December 2021
Source: www.legalfutures.co.uk
‘A master has labelled as “a form of procedural abuse” a bid to bring a data breach claim in the High Court where the “very modest” damages would be dwarfed by costs of £50,000.’
Legal Futures, 17th November 2021
Source: www.legalfutures.co.uk
‘Paul Stagg looks at the lessons from an important High Court ruling on ‘failure to remove’ claims.’
Local Government Lawyer, 8th November 2021
Source: www.localgovernmentlawyer.co.uk
‘Gurusinghe & Ors v Drumlin Ltd (HOUSING – RENT REPAYMENT ORDER – Procedure) (2021) UKUT 268 (LC). Just a quick note on this one – an appeal to the Upper Tribunal on an FTT decision on an application to add a new respondent to an RRO application as the proper landlord.’
Nearly Legal, 31st October 2021
Source: nearlylegal.co.uk
‘A law firm now part of consolidator Metamorph Law has been only partially successful in striking out a claim over how it advised a client on his clinical negligence case.’
Legal Futures, 1st November 2021
Source: www.legalfutures.co.uk
‘The High Court has allowed a PI claim to be pursued by an employee against his former bosses – even though the parties settled an employment tribunal claim over the same matter years previously.’
Law Society's Gazette, 2nd September 2021
Source: www.lawgazette.co.uk
‘The Court of Appeal has rejected as “too binary” the approach taken by a High Court judge when striking out a negligence claim against lawyers over their former client’s capacity to litigate.’
Legal Futures, 5th August 2021
Source: www.legalfutures.co.uk
‘The High Court (Saini J) has today handed down judgment in Warren v DSG Retail Ltd [2021] EWHC 2168 (QB) (available here: Warren v DSG judgment). It is pithy and important stuff for data protection litigation, especially as regards accidental data breaches and the recoverability of ATE premiums.’
Panopticon, 30th July 2021
Source: panopticonblog.com
‘A decision to strike out an “unmanageable” £5bn group action brought by 200,000 claimants over a dam collapse in Brazil can be appealed, the Court of Appeal has decided.’
Legal Futures, 28th July 2021
Source: www.legalfutures.co.uk
‘Gell v 32 St John’s Road (Eastbourne) Management Company Ltd (2021) EWCA Civ 789. This is one of those cases where the Court of Appeal says “It is perhaps surprising that in the 35 years since the Landlord and Tenant Act 1985 was enacted the effect on a claim for service charges of the striking out of a defence has not been determined”, and my first reaction is that really, it is rather surprising that it has come up at all. Nonetheless, it has, and if you have spent 35 years waiting for clarity on this point, you are in luck. However, the judgment does have some significant things to say about referrals to the First Tier Tribunal (PC) from the courts, and the position after a struck out defence.’
Nearly Legal, 6th June 2021
Source: nearlylegal.co.uk
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