The Supreme Court’s Decision on Pregabalin – NIPC Law

Posted December 10th, 2018 in abuse of process, medicines, news, patents, Supreme Court by sally

‘This was an appeal from the decision of the Court of Appeal in Warner-Lambert Company LLC v Generics (UK) Ltd (t/a Mylan) and Others [2016] EWCA Civ 1006 which I discussed in The Pregabalin Appeal: Generics v Warner-Lambert 17 Oct 2016. In that appeal, the Court of Appeal upheld the decision of Mr Justice Arnold in Generics (UK) Ltd (t/a Mylan) v Warner-Lambert Company LLC [2016] RPC 3, [2015] EWHC 2548 (Pat), [2015] CN 1499 which I blogged in The Pregabalin Trial: Generics (UK) Ltd v Warner-Lambert Company LLC 18 Sept 2015 and his refusal to allow the patent to be amended in Generics (UK) Ltd (t/a Mylan) v Warner-Lambert Company LLC [2016] RPC 16, [2015] EWHC 3370 (Pat).’

Full Story

NIPC Law, 6th December 2018

Source: nipclaw.blogspot.com

High Court backs claimant who issued just to recover costs – Litigation Futures

Posted November 2nd, 2018 in abuse of process, civil procedure rules, costs, negligence, news, part 36 offers by sally

‘A claimant was entitled to issue his claim solely in pursuit of costs where the defendant “acted unfairly” by trying to settle pre-action but refusing to pay any costs, the High Court has ruled.’

Full Story

Litigation Futures, 1st November 2018

Source: www.litigationfutures.com

Doing the same thing all over again – Nearly Legal

‘A county court appeal arising out of a set of proceedings starting with a disrepair claim by a private sector tenant, which raises issues of service and when second proceedings are an abuse of process. Our thanks to Hardwicke Chambers for making the judgment available.’

Full Story

Nearly Legal, 7th October 2018

Source: nearlylegal.co.uk

‘It’s not fair on you to continue’ – judge kills off LiP’s epic claim – Law Society’s Gazette

Posted August 9th, 2018 in abuse of process, insolvency, litigants in person, news, striking out by tracey

‘A High Court judge has sought once and for all to close three-year proceedings brought by a litigant in person, saying it is not fair to use court time to indulge the matter any further.’

Full Story

Law Society's Gazette, 9th August 2018

Source: www.lawgazette.co.uk

Claim against law firm within limitation period despite “unconnected” abuse of process – Litigation Futures

Posted July 12th, 2018 in abuse of process, law firms, limitations, negligence, news by sally

‘A professional negligence claim was brought within the limitation period despite an “unconnected” abuse of process over the court fee paid, the High Court has held.’

Full Story

Litigation Futures, 11th July 2018

Source: www.litigationfutures.com

Court finds abuse of process did not affect limitation period – Law Society’s Gazette

Posted July 10th, 2018 in abuse of process, limitations, news, striking out, time limits by sally

‘The High Court has decided not to strike out a claim where an incorrect fee was paid days before the limitation period ended.’

Full Story

Law Society's Gazette, 10th July 2018

Source: www.lawgazette.co.uk

Judge asked to lift prosecution ban on Hillsborough officer – The Guardian

Posted June 12th, 2018 in abuse of process, health & safety, homicide, news, police, prosecutions, sport by sally

‘An application by the Crown Prosecution Service to prosecute David Duckenfield, the South Yorkshire police officer who was in command at the FA Cup semi-final at Hillsborough in 1989 when 96 people were killed, has begun at Preston crown court.’

Full Story

The Guardian, 11th June 2018

Source: www.theguardian.com

Immigration lawyers using delaying tactics to keep illegal immigrants in Britain, High Court says – Daily Telegraph

Posted April 27th, 2018 in abuse of process, human rights, immigration, news, solicitors by tracey

‘Immigration lawyers are using delaying tactics to keep illegal immigrants in Britain, High Court judges have said. Law firms are “buying time” by filing endless “hopeless” appeals and applications “with a view to generating new Home Office decisions” and keeping the process going for longer, two senior judges said.’

Full Story

Daily Telegraph, 26th April 2018

Source: www.telegraph.co.uk

Aktas v Adepta and the Difficulty of Applying to Strike out “Second” Claim Forms – Zenith Chambers

‘The decision of the Court of Appeal in the cases of Aktas v Adepta and Dixie v British Polythene Industries Limited [2010] EWCA Civ 1170 sets a demanding test for Defendants seeking to strike out “second” Claim Forms where service of a “first” Claim Form has failed.’

Full Story

Zenith Chambers, 5th March 2018

Source: www.zenithchambers.co.uk

Judges reject appeal by planning defendant over ‘impersonation’ in magistrates court – Local Government Lawyer

‘The Court of Appeal has rejected a claim that a fine and a £4m-plus proceeds of crime order made over a planning case in Ealing should be overturned because the defendant was impersonated in the magistrates’ court.’

Full Story

Local Government Lawyer, 7th February 2018

Source: www.localgovernmentlawyer.co.uk

Council settles historic abuse claim with five-figure payout: report – Local Government Lawyer

Posted November 24th, 2017 in abuse of process, child abuse, compensation, news, sexual offences by tracey

‘A local authority which initially defended a sexual abuse claim on the basis that it would be an abuse of process to make a second attempt at compensation, has agreed to make a five-figure payout to settle the claim, it has been reported.’

Full Story

Local Government Lawyer, 24th November 2017

Source: www.localgovernmentlawyer.co.uk

Field Reports: Kingsbridge Pension Fund Trust v David Michael Downs – Tanfield Chambers

‘The Upper Tribunal (Lands Chamber) has held that, in determining whether a person is eligible to apply for a new tenancy on retirement of a tenant under the Agricultural Holdings Act 1986, the livelihood condition need only be satisfied in the 7 year period running up to the date when the retirement notice was given, and not in the 7 year period preceding the determination of the application by the Tribunal.’

Full Story

Tanfield Chambers, 4th July 2017

Source: www.tanfieldchambers.co.uk

Failure to pay correct court fee not an abuse of process – Litigation Futures

‘The Court of Appeal has refused to consider a circuit judge ruling which held that failure by a solicitor to correctly value a personal injury claim and pay the right court fee did not amount to an abuse of process.’

Full Story

Litigation Futures, 20th June 2017

Source: www.litigationfutures.com

When winning isn’t enough: Court of Appeal order successful party to pay 75% of other side’s costs – Litigation Futures

Posted April 20th, 2017 in abuse of process, appeals, costs, news, striking out by sally

‘A High Court judge was entitled to penalise a firm of Russian stockbrokers for conduct that “fell below acceptable standards of conducting litigation” by ordering it to pay 75% of the other side’s costs, even though it had successfully resisted a bid to strike out its claim, the Court of Appeal has ruled.’

Full story

Litigation Futures, 20th April 2017

Source: www.litigationfutures.com

The more things change, the more they stay the same – Hardwicke Chambers

‘Every time we think the courts might have given defendants in adjudication enforcement proceedings slightly more latitude in raising their dissatisfaction with an adjudicator’s decision, the court brings us back down to earth with a bump and reminds us that, in fact, no matter how hard done by our clients feel, they will have to “pay now and argue later”, save in the rarest of cases.’

Full story

Hardwicke Chambers, 27th March 2017

Source: www.hardwicke.co.uk

Prince wins libel and DPA appeals – 5RB

Posted January 27th, 2017 in abuse of process, appeals, data protection, defamation, news by sally

‘Court of Appeal rules adding DPA inaccuracy claim to libel claim permissible; also finds for Prince on defamatory meaning.’

Full story

5RB, 27th January 2017

Source: www.5rb.com

Second application for security for costs “not an abuse of process” – Litigation Futures

Posted December 14th, 2016 in abuse of process, consent orders, costs, news by sally

‘A businessman involved in a £132m dispute with property tycoons Nick and Christian Candy has been ordered to provide £5.5m security for costs after the High Court rejected arguments that the application was an abuse of process because the Candys had withdrawn a previous application.’

Full story

Litigation Futures, 13th December 2016

Source: www.litigationfutures.com

Regina v Norman (Robert) – WLR Daily

Regina v Norman (Robert) [2016] EWCA Crim 1564

‘The defendant was a prison officer who was paid more than £10,000 by a tabloid journalist in return for information about the prison which formed the subject matter of numerous published articles. He was charged with one count of misconduct in public office. The newspapers voluntarily disclosed evidence of the defendant’s identity and conduct. It was the prosecution case that the stories did not, save in a few cases, have any public interest and that the defendant knew that what he was doing was very wrong given the scale and scope of his activities, conducted behind his employer’s back, in return for substantial payments which were routed via his son’s bank account in order to conceal them. The defendant was convicted. He appealed against conviction the grounds that (i) the judge should have acceded to his submission to stay the proceedings as an abuse of process since the defendant’s identity and the evidence upon which the prosecution depended had been obtained by police misconduct in putting pressure upon the newspapers to give disclosure in order to avoid corporate prosecution; and (ii) the judge should have acceded to his submission of no case to answer, since the defendant’s misconduct did not meet the high threshold of seriousness required for it to be characterised as a criminal abuse of the public’s trust in him as an officer holder.’

WLR Daily, 20th October 2016

Source: www.iclr.co.uk

Abuse Of Process In Historical Cases: A Thing Of The Past? – Crimeline

Posted August 4th, 2016 in abuse of process, disclosure, evidence, news, reports by Mark L

‘In May this year the Public Accounts Committee published a report titled the ‘Efficiency in the Criminal Justice System.’ The conclusions are unsurprising for those with any experience of the system; it is at breaking point. In the current climate it seems the courts will do everything in their power to ensure cases proceed often in spite of significant delay. Due to their nature, historical cases can often be besieged with disclosure problems, and while delay can be due to legitimate and understandable reasons it is also true that historical cases can face unjustifiably delay. The question which must be asked is, when a case suffers from both delay and disclosure issues can a defendant have a fair trial at all?.’

Full story

Crimeline, 3rd August 2016

Source: www.crimeline.info

Judge orders SDT to try again after botched strike-out – Law Society’s Gazette

‘The High Court has ordered the Solicitors Disciplinary Tribunal to rehear a prosecution against two solicitors suspected of dishonesty.’

Full story

Law Society’s Gazette, 29th July 2016

Source: www.lawgazette.co.uk