‘AHigh Court judge has described as ‘utterly bizarre’ that a claim form was issued in a land ownership case on behalf of a claimant who had died almost 18 months previously.’
Law Society's Gazette, 23rd February 2021
Source: www.lawgazette.co.uk
‘In Allsop v Banner Jones Ltd and another, the Court of Appeal considered the application of Phosphate Sewage v Molleson to applications to strike out a claim on the basis of abuse of process. The decision is a detailed exploration of the scope of the doctrines of res judicata, collateral attacks of previous decision and abuse of process. As such it is valuable reading to litigators generally and particularly those in the field of professional negligence.’
Hardwicke Chambers, 12th February 2021
Source: hardwicke.co.uk
‘This note considers the judgment of Turner J in the Technology and Construction Court of 10 November 2020 in the case of Município de Mariana & Ors v BHP Group plc, BHP Billiton plc and BHP Group Ltd. In that judgment, Turner J struck out a claim by a very large group of claimants for compensation for damage caused by the 2015 collapse of the Fundão Dam in South Eastern Brazil, in which over 40 million cubic metres of tailings washed into the Doce River with massive human, environmental, and economic cost. This note presents the factual background of the case and sets out the most relevant features of the judgment for the practice of mass tort litigation in the multinational context.’
Blackstone Chambers, 15th February 2021
Source: www.blackstonechambers.com
‘In the February 2021 edition of the personal injury newsletter:
Tactical Management: Taking charge for claimants
As a claimant-only advocate, Bill Braithwaite QC explains exactly why he believes that lawyers who represent severely injured claimants should understand the importance of having complete control over the recovery, rehabilitation and litigation process.
Child’s Play: Gul v Mcdonagh ((2021) Ewhc 97)
Will Waldron QC considers the case of Gul v Mcdonagh ((2021) Ewhc 97), amongst others, in relation to the often tricky question of whether to concede some finding of contributory negligence in a case involving a child.
Second bite of the cherry? Abuse of process post-Poku
In this article, Helen Rutherford covers abuse of process in credit hire cases following Isaac Osei-Wusu Poku v Abedin.
Another Hurdle for Nervous Shock Claims
In Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310, the House of Lords established 4 hurdles which a secondary victim must overcome in order to establish liability. Although a number of cases have tested the limits of these hurdles, an issue which has never previously been considered is whether a secondary victim must prove that his shock resulted from an appreciation that the primary victim is a loved one who had been or might have been involved in the incident. David Knifton QC considers this issue, with reference to the case of Young v Downey.’
Exchange Chambers, February 2021
Source: lexlinks.exchangechambers.co.uk
‘Ben Hargreaves looks at the case law from R (Ebrahim) v Feltham MC [2001] 2 Cr.App.R. 23 through to R v Hewitt [2020] EWCA Crim 1247 and considers whether there is any prospect of turning the tide on the diminishing scope for successful abuse arguments in historic sex allegations.’
Carmelite Chambers, 1st February 2021
Source: www.carmelitechambers.co.uk
‘Planning analysis: The High Court held that it was not an abuse of process to bring an ordinary civil claim concerning the construction of an agreement under section 106 of the Town and Country Planning Act 1990 (TCPA 1990) (a section 106 agreement). The judge said that, while the validity of a section 106 agreement is highly likely to be a question of public law, suitable only for judicial review (except where it is raised as a defence to an ordinary claim by a local planning authority to enforce an agreement), the construction of TCPA 1990, s 106 agreement was not different in principle to the construction of any contract.’
No. 5 Chambers, 22nd January 2021
Source: www.no5.com
‘The Solicitors Disciplinary Tribunal (SDT) was wrong to throw out a private prosecution brought by a former client against the current president of the Law Society, the High Court has ruled.’
Legal Futures, 13th January 2021
Source: www.legalfutures.co.uk
‘This is an appeal in the matter of Poku v Abedin [2020] by the Claimant against a decision by DDJ Omoregie in which a claim for credit hire was struck out on the grounds that the claim was as an abuse of process. The Claimant had previously raised and settled a personal injury claim through the RTA Portal not including the credit hire charges. The appeal was heard on the 8th October 2020 before Her Honour Judge Backhouse sitting in the RCJ.’
Park Square Barristers, 6th January 2021
Source: www.parksquarebarristers.co.uk
‘In this review of the year, Helen Evans, Ben Smiley, Pippa Manby, and Ian McDonald of 4 New Square explain what the 2020 cases tell us, how the various strands of development interact, and what to watch out for as we go into 2021.’
4 New Square, 5th January 2021
Source: www.4newsquare.com
‘The High Court has struck out claims brought by more than 200,000 Brazilian claimants in the English courts against British and Australian holding companies in relation to the collapse of the Fundao Dam in Brazil in 2015. In Municipo de Mariana v BHP Group PLC ([2020] EWHC 2930 (TCC)) Turner J found the claims to be an abuse of process and also considered that, in the alternative, the proceedings should be stayed under the Recast Brussels Regulation and on the basis of forum non conveniens. While Turner J emphasised that the factual background of this case was central to his conclusions, his judgment contains a detailed analysis of the relevant caselaw and his consideration of the facts surrounding the claim will no doubt be of interest to parties involved in similar cross-jurisdictional and group actions. Charles Gibson QC led the Counsel team for the Defendants.’
Henderson Chambers, 19th November 2020
Source: www.hendersonchambers.co.uk
‘The High Court has struck out a claim brought on behalf of more than 200,000 claimants over a dam collapse in Brazil, saying it risked becoming “the largest white elephant in the history of group actions”.’
Litigation Futures, 9th November 2020
Source: www.litigationfutures.com
‘R v A [2020] EWCA Crim 1408. On 29/10/2020, the Court of Appeal dismissed an appeal against an aggravated burglary conviction brought by a teenage victim of human trafficking.’
UK Human Rights Blog, 2nd November 2020
Source: ukhumanrightsblog.com
‘The Court of Appeal has overturned a decision to strike out a £2.2m personal injury claim, despite concluding it was issued inappropriately and there had been an abuse of process.’
Law Society's Gazette, 4th August 2020
Source: www.lawgazette.co.uk
‘A former employee of national law firm Shoosmiths – who was awarded £1,000 in damages for harassment back in 2017 – has had a string of further claims thrown out, with an employment tribunal branding them vexatious.’
Legal Futures, 18th June 2020
Source: www.legalfutures.co.uk
‘The High Court has dismissed an appeal by a solicitor struck off after telling an undercover television reporter that he would help them apply for a visa on the back of a bogus marriage.’
Legal Futures, 4th June 2020
Source: www.legalfutures.co.uk
‘Recent weeks have seen a spate of decisions on contempt of court. Most are sentencing cases and thus of little general interest since they turn on their facts. However, 3 cases do raise issues of general principle which not infrequently arise in the commercial fraud context.’
Radcliffe Chambers, 19th May 2020
Source: radcliffechambers.com
‘The High Court has today handed down judgment in the VW NOx Emissions Group Litigation – the class action arising out of what is often described as the ‘emissions scandal’. Following a two-week trial of two preliminary issues, Mr Justice Waksman has found that the controversial engine software function amounts to a ‘defeat device’ for the purpose of EU law, and that previous findings of the relevant German authorities were binding on the High Court in that respect.’
Blackstone Chambers, 6th April 2020
Source: www.blackstonechambers.com
‘A claimant who issued proceedings after the defendant accepted a part 36 offer for £0 – which he said had been made by mistake – has had his claim struck out for abuse of process.’
Litigation Futures, 7th April 2020
Source: www.litigationfutures.com
‘The primary issue for the Court of Appeal in this case was what conduct constitutes abuse of process where one party to litigation unilaterally suspends proceedings for a substantial amount of time without the agreement of the other party nor the approval or an Order of the court.’
Hardwicke Chambers, 27th March 2020
Source: hardwicke.co.uk
© Inner Temple Library 2021