A second bite of the cherry: Can a claimant bring a fresh claim having failed to obtain relief from sanctions? – Hardwicke Chambers

‘In the brave new world created by the Court of Appeal decision in Mitchell v Newsgroup Newspapers Ltd [2013] EWCA Civ 1537, claimants whose claims have been struck out for failure to comply with a rule, practice direction or order are honing in on second actions as a way of bringing their litigation back to life. The threatened slew of professional negligence suits post-Mitchell could be avoided if lawyers subject to a Mitchell strike-out are able to placate their clients by simply re-issuing proceedings against the defendant.’

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Hardwicke Chambers, 13th March 2014

Source: www.hardwicke.co.uk

English courts will not generally interfere with court proceedings in Brussels Regulation member states, expert says – OUT-LAW.com

Posted March 27th, 2014 in abuse of process, courts, foreign jurisdictions, injunctions, news by tracey

‘A recent High Court decision shows that courts in England will not usually interfere with litigation taking place in other countries that are signatories to the Brussels Regulation, an expert has said.’

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OUT-LAW.com, 27th March 2014

Source: www.out-law.com

Private Prosecutions: The foundations are laid – Six Pump Court

Posted February 14th, 2014 in abuse of process, compensation, confiscation, fraud, news, police, private prosecutions by sally

‘The headline in The Guardian on Wednesday 29th January 2014 (“Metropolitan Police accused of acting on behalf of big business”) would undoubtedly have caused a stir amongst private prosecutors, public prosecutors, the police, the Home Office and others interested in the issue of commercial organisations seeking redress in the criminal courts in relation to crimes committed against them. The story, based upon observations made by the Lord Chief Justice in a recent Court of Appeal case, queried the efficacy of private prosecutions brought in such circumstances and – quoting labour MP Tom Watson and Jenny Jones, a London assembly member for the Green party – suggested that they represented the “…creeping privatisation of policing…”. The former spoke of “…two tier-policing where corporate interests can buy the time of the police…” whilst the latter complained, “I hate the thought that if you are rich you can buy more justice than if you are poor…”. And yet at a time when funding for public bodies – and in particular prosecuting authorities – is under such severe strain, it is inevitable that there will be a growing demand for the private sector to operate in areas that were once solely or mainly inhabited by the state. Private prosecutions are here to stay – that much is clear from the case concerned. But are the criticisms levelled against them fair? And what is the real impact of the case on private prosecutions, confiscation and compensation and the very real problem of fraud on commerce? ‘

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Six Pump Court, 5th February 2014

Source: www.6pumpcourt.co.uk

Student litigation – Choosing the right words – Hardwicke Chambers

“The case of Mr John Scarborough v Canterbury Christ Church University (Scarborough) which was recently decided carries potentially significant implications in terms of bringing a case that may fall under separate heads of action.This article discusses this decision and its practical effect on future litigation.”

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Hardwicke Chambers, 7th November 2013

Source: www.hardwicke.co.uk

Fairclough v Summers – An abuse of Process – Sovereign Chambers

“On the 13th May 2003 whilst acting in the course of his employment with Fairclough Homes Limited (‘Fairclough’), Shaun Summers (‘Mr Summers’) fell from a truck and sustained both a fractured bone in his right hand and a fractured left heel bone. On the 28th October 2003 Fairclough admitted liability for the accident through its insurers (‘the admission’). Mr Summers went on to issue a claim for personal injury and associated losses on the 10th May 2006 but, having examined his medical records (which appeared to cast doubt on Mr Summers’ account of the accident), Fairclough applied for permission to withdraw their admission and served an Amended Defence in relation to liability. On the 28th August 2007, following a trial before HHJ Tetlow (‘the Judge’), Mr Summers obtained judgment against Fairclough with damages to be assessed.”

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Sovereign Chambers, 25th September 2013

Source: www.sovereignchambers.co.uk

Binns and another v Firstplus Financial Group plc – WLR Daily

Binns and another v Firstplus Financial Group plc [2013] EWHC 2436 (QB); [2013] WLR (D) 361

“Where a claimant had obtained an award pursuant to alternative dispute resolution (‘ADR’) and subsequently brought a civil claim where the only potential advantage in bringing that litigation was the possibility of an additional award in respect of legal costs, the claim was to be struck out under CPR r 3.4(2).”

WLR Daily, 24th July 2013

Source: www.iclr.co.uk

David Miranda detention legally sound, says Scotland Yard – BBC News

Posted August 20th, 2013 in abuse of process, detention, immigration, intelligence services, media, news, terrorism by tracey

“Using the Terrorism Act to detain the partner of a Guardian reporter who covered US and UK security services was ‘legally sound’, Scotland Yard says.”

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BBC News, 20th August 2013

Source: www.bbc.co.uk

Judicial review proceedings may be terminated by government – UK Human Rights Blog

“The Government’s termination of existing judicial review proceedings via certification under the Justice and Security Act was ‘troubling’ but lawful. Parliament’s intention was clear, even though there were no new rules in force yet.”

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UK Human Rights Blog, 12th August 2013

Source: www.ukhumanrightsblog.com

Investigate law firm after ‘untruthful’ asylum case, says top judge – Daily Telegraph

“One of the country’s most senior judges has asked a legal regulator to consider striking off a law firm over its last-minute bids to block the deportation of failed asylum seekers.”

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Daily Telegraph, 8th August 2013

Source: www.telegraph.co.uk

High Court asks SRA to consider firm’s fitness to practise after contempt ruling – Legal Futures

“The incoming Lord Chief Justice has asked the Solicitors Regulation Authority (SRA) to consider a law firm’s continuing fitness to practise having found its senior partner in contempt of court.”

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Legal Futures, 9th August 2013

Source: www.legalfutures.co.uk

Regina v Austin (Herbert) – WLR Daily

Regina v Austin (Herbert): [2013] EWCA Crim 1028;   [2013] WLR (D)  257

“It was the Crown’s responsibility to carry out the duties of disclosure. Judicial involvement could only properly be triggered by an application under the Criminal Procedure and Investigations Act 1996 by the prosecutor or by the defence. There was no provision for a trial judge to superintend the decisions of disclosure made by the prosecution on his own motion by inspecting unused material himself.”

WLR Daily, 27th June 2013

Source: www.iclr.co.uk

Civil courts not open to attempts to re-run criminal trials – UK Human Rights Blog

“Salahuddin Amin v Director General of MI5, Chief of MI6, the FCO, the Home Office and the Attorney General- [2013] EWHC 1579 (QB). Do not be misled by the impressive cast list of defendants in this case it means simply that the claimant was attempting to attack the integrity of his criminal conviction via the civil courts.”

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UK Human Rights Blog, 27th June 2013

Source: www.ukhumanrightsblog.com

High court throws out ‘UK complicit in torture’ damages case – The Guardian

Posted June 27th, 2013 in abuse of process, civil justice, intelligence services, news, torture by sally

“The high court has thrown out a damages case brought by a man convicted on terrorism charges who claimed MI5 was complicit in his alleged torture by Pakistan’s intelligence service.”

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The Guardian, 26th June 2013

Source: www.guardian.co.uk

Regina v L(C) (Children’s Commissioner for England and Equality and Human Rights Commission intervening); Same v N(HV) (Children’s Commissioner for England and Equality and Human Rights Commission intervening); Same v N(TH) (Children’s Commissioner for England and Equality and Human Rights Commission intervening); Same v T(HD) (Children’s Commissioner for England and Equality and Human Rights Commission intervening) – WLR Daily

Regina v L(C) (Children’s Commissioner for England and Equality and Human Rights Commission intervening); Same v N(HV) (Children’s Commissioner for England and Equality and Human Rights Commission intervening); Same v N(TH) (Children’s Commissioner for England and Equality and Human Rights Commission intervening); Same v T(HD) (Children’s Commissioner for England and Equality and Human Rights Commission intervening)[2013] EWCA Crim 991; [2013] WLR (D) 249

“Where the question arose as to whether a defendant who had committed an offence was a victim of trafficking the prosecution was, and remained, responsible for deciding whether to prosecute or not. The court’s role was to protect the rights of a victim of trafficking by overseeing the decision of the prosecutor and refusing to countenance any prosecution which failed to acknowledge and address the victim’s subservient situation.”

WLR Daily, 21st June 2013

Source: www.iclr.co.uk

Crawford Adjusters (Cayman) Ltd and others v Sagicor General Insurance (Cayman) Ltd – WLR Daily

Crawford Adjusters (Cayman) Ltd and others v Sagicor General Insurance (Cayman) Ltd [2013] UKPC 17; [2013] WLR (D) 229

“The tort of malicious prosecution extended to civil as well as criminal proceedings.”

WLR Daily, 13th June 2013

Source: www.iclr.co.uk

Warning: CPS keep victim appeals in house – Halsbury’s Law Exchange

“There is a new independent Assessor (Stephen Shaw) for non-legal complaints made about the Crown Prosecution Service (CPS) but not for the legal ones – how very odd! It was recently reported that victims of crime will be able to ‘win the right’ to appeal against decisions by the CPS not to charge suspects and there is a consultation which is open until the 5th of September 2013. It has a mnemonic ‘VRR’ which stands for a ‘Victim’s Right to Review’.”

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Halsbury’s Law Exchange, 12th June 2013

Source: www.halsburyslawexchange.co.uk

Wyatt v Vince – WLR Daily

 Wyatt v Vince: [2013] EWCA Civ 495;   [2013] WLR (D)  166

“The court should not allow either party to a former marriage to be harassed by claims for financial relief which were issued many years after the divorce and had no real prospect of success. Such claims should be struck out under FPR r 4.4(1)(b) as an abuse of process.”

WLR Daily, 8th May 2013

Source: www.iclr.co.uk

SAS sniper Danny Nightingale faces retrial over illegally possessing pistol – The Guardian

Posted May 2nd, 2013 in abuse of process, armed forces, firearms, news, retrials by sally

“The family of an SAS sniper say they are ‘bitterly disappointed’ after a judge ruled he would face a retrial over illegally possessing a pistol and ammunition – despite a last-minute claim that prosecutors acted improperly by consulting on the case.”

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The Guardian, 1st May 2013

Source: www.guardian.co.uk

Regina v Hampshire County Council – WLR Daily

Regina v Hampshire County Council [2013] WLR (D) 117

“There was no reason to stay confiscation proceedings where a trademark offence had been committed, because trademark offences were lifestyle, repeat offences, which did real damage to those entitled to the profits of a trademark and deprived the manufacturers of the legitimate fruits of the research and development of their product and it was proceeds which mattered rather than blame.”

WLR Daily, 20th March 2013

Source: www.iclr.co.uk

Christou and another v Haringey London Borough Council – WLR Daily

Christou and another v Haringey London Borough Council: [2013] EWCA Civ 178;   [2013] WLR (D)  97

“The doctrine of res judicata did not apply to disciplinary procedures operated by an employer, nor did the related doctrine of abuse of process apply as such, but an employment tribunal considering a claim for unfair dismissal following a second disciplinary process would have to decide whether it had been fair to institute that second process.”

WLR Daily, 12th March 2013

Source: www.iclr.co.uk