Will an office-holder be immune from future claims when a court approves their decision? – Guildhall Chambers

Posted October 3rd, 2023 in abuse of process, immunity, negligence, news, receivers, striking out by sally

‘If the court gives its blessing in respect of a decision taken by an office-holder, does the court’s approval mean that the office-holder is immune from any subsequent challenge to that decision? If so, to what extent? Is it blanket immunity? Those are the questions which this article will address following the Court of Appeal’s decision in Denaxe Ltd v Cooper & Rubin [2023] EWCA Civ 752.’

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Guildhall Chambers, 15th September 2023

Source: www.guildhallchambers.co.uk

When could issuing a claim form involve an abuse of process? – Mills & Reeve

Posted September 20th, 2023 in abuse of process, chambers articles, civil procedure rules, costs, news by sally

‘A party to litigation can act in abuse of process in many different circumstances. Abusing the process of the court can lead to the striking out of a claim or defence, or to other less draconian sanctions. In this article, we consider when a claimant could be found to have acted in abuse of process shortly before and when issuing proceedings.’

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Mills & Reeve, 19th September 2023

Source: www.mills-reeve.com

Firm ordered to pay wasted costs for “inexplicable” error – Legal Futures

Posted April 21st, 2023 in abuse of process, costs, hospitals, law firms, negligence, news, probate, wills by tracey

‘A law firm which started proceedings when its client did not have standing to bring them has been ordered to pay wasted costs because it failed to check this.’

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Legal Futures, 21st April 2023

Source: www.legalfutures.co.uk

Abuse of Process for Lost Evidence: Alive and Kicking – 25 Bedford Row

‘Colin Wells discusses the recent case of ANP [2022] EWCA Crim 1111 in which the Court of Appeal (Criminal Division) considered the circumstances of when a case might be stayed as an abuse of process when important evidence has been lost or destroyed.’

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25 Bedford Row, 5th December 2022

Source: www.25bedfordrow.com

Claim against solicitors was attempt to relitigate private prosecution – Legal Futures

‘A professional negligence claim against a firm of solicitors in the North-East has been thrown out as an attempt to relitigate an unsuccessful private prosecution.’

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Legal Futures, 3rd August 2022

Source: www.legalfutures.co.uk

English courts get new powers to dismiss Slapp cases against reporters – The Guardian

Posted July 20th, 2022 in abuse of process, freedom of expression, media, news, public interest by sally

‘Courts in England and Wales are to be granted new powers to dismiss lawsuits employed by wealthy claimants to stifle free speech, the government has said.’

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The Guardian, 20th July 2022

Source: www.theguardian.com

Divisional Court rejects bid by major retailer to have knife sale case thrown out as abuse of process – Local Government Lawyer

‘Retailer Argos has failed in a bid to have proceedings brought against it by London Borough of Barking & Dagenham stayed as an abuse of the process of the court.’

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Local Government Lawyer, 16th June 2022

Source: www.localgovernmentlawyer.co.uk

“Warehoused” case against law firm struck out – Legal Futures

Posted January 18th, 2022 in abuse of process, conspiracy, fraud, law firms, negligence, news, striking out by tracey

‘The High Court has struck out a professional negligence claim against a London law firm that it decided had been “warehoused”.’

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Legal Futures, 18th January 2022

Source: www.legalfutures.co.uk

Former publican makes legal history with abuse of process claim – Law Society’s Gazette

Posted January 10th, 2022 in abuse of process, damages, food hygiene, licensed premises, local government, news by tracey

‘Aformer publican has made legal history after accepting ‘substantial’ damages to settle a civil abuse of process claim – a cause of action last successfully sued upon 160 years ago, his lawyers have said.’

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Law Society's Gazette, 7th January 2022

Source: www.lawgazette.co.uk

Claimant liable for abuse of process after misusing online claim system – Legal Futures

Posted December 7th, 2021 in abuse of process, debts, default judgments, electronic filing, news by sally

‘A claimant who filed a request for judgment on the Money Claim Online (MCOL) system, knowing the defendant’s alleged admission had not been made, has been found liable for the tort of abuse of process.’

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Legal Futures, 7th December 2021

Source: www.legalfutures.co.uk

Judges and lawyers call for curbs on misuse of SLAPPs – Legal Futures

‘Senior judges and lawyers on a panel chaired by former Supreme Court president Lord Neuberger have called for legal reforms to curb “strategic lawsuits against public participation” (SLAPPs).’

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Legal Futures, 30th November 2021

Source: www.legalfutures.co.uk

Enforcement of adjudicator’s decision refused as proceedings were an abuse of process – Practical Law: Construction Blog

‘We often hear cases referred to as having turned on their facts and, if there was ever an example of this it would be the judgment handed down in October 2021 in G&D Brickwork Contractors Ltd v Marbank Construction Ltd. The parties’ names will ring a bell with some of you because, earlier in the year, O’Farrell J refused to grant an injunction restraining G&D from bringing adjudication proceedings, and last month’s judgment from Joanna Smith J deals with the enforcement of the adjudicator’s decision.’

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Practical Law: Construction Blog, 24th November 2021

Source: constructionblog.practicallaw.com

PI claim to proceed despite tribunal settlement – Law Society’s Gazette

‘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.’

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Law Society's Gazette, 2nd September 2021

Source: www.lawgazette.co.uk

Private Prosecution Stayed as an Abuse of Process: Costs Recovered – 25 Bedford Row

‘The issue of recovering legal costs for a defendant who successfully applied to stay a private prosecution, on grounds of abuse of process, was considered and decided upon by the Court of Appeal (Criminal Division) in Muhammed Asif v Adil Iqbal Ditta and Noreen Riaz [2021] EWCA Crim 1091 (judgment 15th July 2021).’

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25 Bedford Row, 9th August 2021

Source: www.25bedfordrow.com

UK appeal court clarifies ‘doctrine of merger’ – OUT-LAW.com

Posted August 13th, 2021 in abuse of process, appeals, damages, mergers, news, res judicata by tracey

‘A recent decision by the English Court of Appeal confirms the scope of the “doctrine of merger”, which is designed to prevent an abuse of court process by preventing parties from bringing multiple claims in respect of the same cause of action.’

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OUT-LAW.com, 12th August 2021

Source: www.pinsentmasons.com

Court of Appeal revives “unmanageable” £5bn class action – Legal Futures

‘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.’

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Legal Futures, 28th July 2021

Source: www.legalfutures.co.uk

“Abusive” claim against lawyers in Jarndyce-style litigation struck out – Legal Futures

‘A High Court judge has struck out a £58m unlawful means conspiracy claim against a law firm, four solicitors and a QC, which she described as “structurally fatally flawed, abusive and lacking in pleadable substance”.’

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Legal Futures, 25th May 2021

Source: www.legalfutures.co.uk

‘Extraordinary’: court hears how claimant won case two years after his death – Law Society’s Gazette

‘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.’

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Law Society's Gazette, 23rd February 2021

Source: www.lawgazette.co.uk

Abuse of process? Res judicata and collateral attacks on prior decisions after Allsop v Banner Jones Ltd and another – Hardwicke Chambers

Posted February 18th, 2021 in abuse of process, chambers articles, negligence, news, res judicata, striking out by sally

‘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.’

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Hardwicke Chambers, 12th February 2021

Source: hardwicke.co.uk

Case Note: Município de Mariana & Ors v BHP Group plc, BHP Billiton plc and BHP Group Ltd – Blackstone Chambers

‘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.’

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Blackstone Chambers, 15th February 2021

Source: www.blackstonechambers.com