Court rules £2.2m claim was abuse of process but will live on – Law Society’s Gazette

‘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.’

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Law Society's Gazette, 4th August 2020

Source: www.lawgazette.co.uk

Tribunal strikes out “vexatious” claims against leading firm – Legal Futures

‘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.’

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Legal Futures, 18th June 2020

Source: www.legalfutures.co.uk

‘Sham marriage’ solicitor loses strike-off appeal – Legal Futures

‘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.’

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Legal Futures, 4th June 2020

Source: www.legalfutures.co.uk

Three cases on contempt of court and what they mean for commercial fraud litigation – Radcliffe Chambers

Posted May 29th, 2020 in abuse of process, committals, contempt of court, fraud, news by sally

‘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.’

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Radcliffe Chambers, 19th May 2020

Source: radcliffechambers.com

Crossley & Ors v Volkswagen Aktiengesellschaft (the “VW NOx Emissions Group Litigation”) – Blackstone Chambers

‘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.’

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Blackstone Chambers, 6th April 2020

Source: www.blackstonechambers.com

Judge upholds acceptance of ‘mistaken’ £0 part 36 offer – Litigation Futures

‘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.’

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Litigation Futures, 7th April 2020

Source: www.litigationfutures.com

Alibrahim v Asturion Fondation [2020] EWCA Civ 32 – Hardwicke Chambers

Posted April 1st, 2020 in abuse of process, appeals, chambers articles, news, striking out by sally

‘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.’

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Hardwicke Chambers, 27th March 2020

Source: hardwicke.co.uk

Restraining Presentation or Advertisement of a Creditor’s Winding Up Petition – 33 Bedford Row

Posted February 20th, 2020 in abuse of process, chambers articles, injunctions, news, notification, winding up by sally

‘Widespread knowledge that a company is subject to a creditor’s winding up petition can cause that company serious harm. Where the creditor’s winding up petition is warranted, this harm may just be an unfortunate consequence of a valid legal process being pursued against it. However, where the creditor’s winding up petition is unwarranted, and is eventually dismissed because it is unwarranted, its dismissal will be ‘cold comfort’ to the company where, in the intervening period between presentation and dismissal, the company has suffered irreparable reputational and operational damage.’

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33 Bedford Row, 4th February 2020

Source: www.33bedfordrow.co.uk

Third party costs application failed against losing claimant’s legal team – Practical Law Dispute Resolution Blog

Posted October 29th, 2019 in abuse of process, costs, malicious prosecution, news, third parties by sally

‘In the recent case of Willers v Joyce and others an application was brought by the winning party against the losing party’s counsel and solicitor following an unsuccessful claim for malicious prosecution.’

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Practical Law Dispute Resolution Blog, 24th October 2019

Source: disputeresolutionblog.practicallaw.com

High Commissioner for Pakistan in the United Kingdom v Prince Muffakham Jah and Others [2019] – Blackstone Chambers

‘The High Court has determined a £35 million partition era dispute between India, Pakistan and successors in title to 7th Nizam of Hyderabad. Claims of Pakistan dismissed; claims of India, Prince Muffakham Jah and Prince Mukarram Jah upheld.’

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Blackstone Chambers, 2nd October 2019

Source: www.blackstonechambers.com

Police disciplinary hearings dropped over Thomas Orchard death – The Guardian

‘The family of a church caretaker with mental health problems who died after being restrained at a police station have expressed anger after disciplinary proceedings against two detention officers were dropped.’

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The Guardian, 24th October 2019

Source: www.theguardian.com

Judge upholds strike-out of £2.6m ‘RTA portal’ claim – Litigation Futures

Posted September 2nd, 2019 in abuse of process, news, personal injuries, road traffic, striking out by sally

‘A judge has upheld the striking out of a £2.6m personal injury claim which remained in the RTA portal for almost four years before the claimants admitted it should be transferred.’

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Litigation Futures, 2nd September 2019

Source: www.litigationfutures.com

Court throws out convicted client’s negligence claim against solicitors – Law Society’s Gazette

‘A convicted client has failed in a bid to make his former solicitors stump up the bill for his £450,000 fine imposed in the Crown court. In Day v Womble Bond Dickinson (UK) LLP Her Honour Judge Deborah Taylor, sitting in the High Court, struck out the negligence claim by landowner Philip Day.’

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Law Society's Gazette, 7th May 2019

Source: www.lawgazette.co.uk

Lawyers who had “direct interest” in case face costs hearing – Litigation Futures

‘A ruling about “without prejudice” correspondence has brought to light a claim against a group of lawyers who now face having to pay the costs of a case they facilitated.’

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Litigation Futures, 15th April 2019

Source: www.litigationfutures.com

High Court strikes out City firm’s ‘warehoused’ claim – Litigation Futures

Posted March 28th, 2019 in abuse of process, delay, law firms, news, striking out by sally

‘The High Court has struck out a claim by City firm Bryan Cave Leighton Paisner (BLCP) for abuse of process on the grounds of ‘warehousing’.’

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Litigation Futures, 27th March 2019

Source: www.litigationfutures.com

Disclaiming Disclaimer – Hardwicke Chambers

Posted December 12th, 2018 in abuse of process, bona vacantia, Crown, leases, news by sally

‘When a company is dissolved, all its property and rights (including leasehold property) are deemed to be bona vacantia and accordingly belong to the Crown. Pursuant to s.1013 of the Companies Act 2006, where property so vests in the Crown, the Crown’s title to it may be disclaimed by a notice signed by the Crown representative. By s.1017 of the Act, the court may make an order vesting disclaimed property in a person with an interest in it.’

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Hardwicke Chambers, 11th December 2018

Source: hardwicke.co.uk

Discrimination claims against leading firm an “abuse of process” – Legal Futures

‘An employment tribunal has ruled that claims of racial discrimination and harassment brought against national firm Shoosmiths amount to an abuse of process.’

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Legal Futures, 11th December 2018

Source: www.legalfutures.co.uk

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).’

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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.’

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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.’

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Nearly Legal, 7th October 2018

Source: nearlylegal.co.uk