‘The substantive claim was a straight forward, low value personal injury claim arising out of a road traffic accident. Liability was admitted. Trial directions were given, requiring witness statements to be served by 3rd November 2016. At the eleventh hour, the Claimant’s solicitors sought an extension of two weeks from the Defendant, which was agreed (an “indulgence” in the view of the judge on appeal).’
Park Square Barristers, 27th June 2017
Source: www.parksquarebarristers.co.uk
‘In Reece Gladwin v Adrian Bogescu [2017] EWHC 1287 (QB) the Court was concerned with an appeal by the Defendant in a road traffic accident claim against a decision to grant the Claimant relief from sanctions, following late service of the Claimant’s witness evidence.’
Park Square Barristers, 23rd June 2017
Source: www.parksquarebarristers.co.uk
‘Fred Goodwin has escaped being summoned to the high court to explain his actions during the 2008 financial crisis, after disgruntled shareholders finally reached a settlement with Royal Bank of Scotland.’
The Guardian, 6th June 2017
Source: www.theguardian.com
‘A judge will hear on Wednesday whether a deal has been agreed to avert a legal battle that would force the former RBS chairman Fred Goodwin to give evidence in the high court.’
The Guardian, 24th May 2017
Source: www.guardian.co.uk
‘“Not often” is the answer. Only if the tribunal acts in an improper way. Incompetence or unlawfulness is not sufficient.’
Free Movement, 18th May 2017
Source: www.freemovement.org.uk
‘Last Friday the CAT handed down a judgment on the first ever-application for a collective proceedings order under the new regime introduced by the Consumer Rights Act 2015. The judgment will generally be welcomed by potential claimants, but it has a sting in the tail which may cause serious difficulties for class actions in other vertical infringement cases.’
Competition Bulletin from Blackstone Chambers, 6th April 2017
Source: www.competitionbulletin.com
‘The Court of Appeal has dismissed an appeal against a decision that two joint tenants had lost security of tenure under the Housing Act 1985 because they no longer occupied the property as their only or principal home.’
Arden Chambers, 16th March 2017
Source: www.ardenchambers.com
‘The Competition Appeal Tribunal (CAT) has rejected strenuous attempts to dismiss the first application to certify an opt-out class action under the new collective proceedings procedure.’
Litigation Futures, 5th April 2017
Source: www.litigationfutures.com
‘There has recently been a run of cases in which courts have at case and costs management conferences (CCMC) refused permission to a party seeking to call an expert. Such refusals may be made on grounds of relevance, proportionality or because the evidence that is sought to be adduced is, on analysis, not expert evidence at all, as held by the judge in Darby Properties Ltd and another v Lloyds Bank plc [2016] EWHC 2494 (Ch).’
Littleton Chambers, 11th January 2017
Source: www.littletonchambers.com
‘More than 2,600 court cases have been adjourned over the past five years because of failures in the interpreting service, according to figures released by the Ministry of Justice.’
The Guardian, 4th May 2016
Source: www.guardian.co.uk
‘In recent years there have been many high-profile protests on public property; St Paul’s Cathedral and the Parliament Square protests are two of the best known. These resulted in the cases of City of London v Samede and others [2012] EWCA Civ 160 and Hall and others v Mayor of London [2010] EWCA Civ 817. There are also numerous instances of protesters occupying privately-owned commercial land, claiming the protection of human rights defences to stay in possession. Ultimately, the law is against the trespassers but, without swift action, delay can cost the landowner significant sums. These costs are commonly due to the extra security required to prevent further trespassers from entering; the halt to construction or refurbishment works; and the disruption to a working building. It is not uncommon for landowners to incur costs of several hundred thousand pounds while enforcing possession orders against trespassers. Owners would be well advised to plan for such an incursion if there is a risk that their property could be a target.’
Tanfield Chambers, 19th April 2016
Source: www.tanfieldchambers.co.uk
‘The Claimant brought a claim in damages for injuries sustained in November 2014 when he fell into an uncovered man hole in the car park of a pub. Whilst the Defendant company operates a number of pubs it alleged that at the time of the accident the pub was owned, operated and occupied by a different company. The Defendant was asserting that it was not the correct company to pursue.’
Zenith PI Blog, 27th July 2015
Source: www.zenithpi.wordpress.com
‘The Claimant brought a claim in damages for injuries sustained in November 2014 when he fell into an uncovered man hole in the car park of a pub. Whilst the Defendant company operates anumber of pubs it alleged that at the time of the accident the pub was owned, operated and occupiedby a different company. The Defendant was asserting that it was not the correct company to pursue.’
Zenith Chambers, 27th July 2015
Source: www.zenithchambers.co.uk
‘The Court of Appeal has adjourned delivering judgment on the lord chancellor’s criminal legal aid reforms until Wednesday. The case had originally been listed for this morning.’
Law Society’s Gazette, 19th March 2015
Source: www.lawgazette.co.uk
‘Applications for adjournments of costs assessment until the Supreme Court’s decision in Coventry v Lawrence are rightly being given “short shrift”, the Senior Costs Judge has said.’
Litigation Futures, 30th October 2014
Source: www.litigationfutures.com
‘Section 32(1)(a)(ii) of the Children Act 1989, as amended, required that care cases be concluded within 26 weeks. However, that time limit could be extended if it was necessary to enable the court to resolve the proceedings justly since the 26 weeks rule was not, and must never be allowed to become, a straightjacket, least of all if rigorous adherence to an inflexible timetable risked putting justice in jeopardy.’
WLR Daily, 15th July 2014
Source: www.iclr.co.uk
‘The President of the Family Division has adjourned contact proceedings by an unrepresented father pending the Ministry of Justice or any other responsible body to come up with the solution to the problem of one parent suffering an injustice due to the withdrawal of legal aid.’
UK Human Rights Blog, 10th June 2014
Source: www.ukhumanrightsblog.com
‘The most senior family judge in England and Wales has asked the justice secretary, Chris Grayling, to explain how a case involving a father’s contact with his son can proceed without legal aid.’
The Guardian, 9th June 2014
Source: www.guardian.co.uk
‘We are all sadly familiar with the last-minute application for an adjournment backed
by a doctor’s note, on the grounds that the defendant, claimant or important witness
is unfit to attend Court. Almost inevitably, the note in question is unsatisfactory or
insufficient. It frequently takes the jejune form of “Mrs X is suffering from an anxiety
state and is unfit to attend Court”, and that is all.’
Zenith Chambers, 5th February 2014
Source: www.zenithchambers.co.uk
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