Category: amendments

The end of late chopping and changing – New Law Journal

Posted April 22nd, 2013 in amendments, budgets, civil procedure rules, costs, news, pleadings, trials by sally

“‘We will amend at trial’ was one of the most common phrases in legal parlance. No more. It is evident on several fronts that the days of belated change, even well before trial, are over. I would go so far as to say that a practitioner failing to act at the earliest possible opportunity is now looking at a potential negligence claim. The robust new attitude demonstrated by Lord Justice Jackson and his cohorts has been applied to pleadings, experts and joinder.”

Full story

New Law Journal, 18th April 2013

Source: www.newlawjournal.co.uk

LIBOR Cases – A Return to Normality? – Littleton Chambers

Posted April 17th, 2013 in amendments, banking, financial regulation, interest, misrepresentation, news by sally

“Last year I discussed Mr Justice Flaux’s decision in Graiseley Properties Limited and others v Barclays Bank plc [2012] EWHC 3093 (Comm) (see Littleton Comment on 4 December 2012). In that case Flaux J. had allowed amendments to plead fraudulent misrepresentation and breach of implied terms in relation to LIBOR which smoothed the path to claims which were, in essence, that the Bank had sold LIBOR-related products when it knew that its employees were attempting to ‘rig’ LIBOR rates for their own purposes (i.e. making their trades profitable) and that such conduct would disadvantage clients who relied on the Bank not attempting to manipulate LIBOR rates. Although I pointed out that allowing the amendments, which lacked the particularity to be expected, was unusual, I also observed that ‘This is a welcome and realistic approach to the difficulties faced by customers in claims against banks.'”

Full story

Littleton Chambers, 15th April 2013

Source: www.littletonchambers.com

Regina (Bibi) v Secretary of State for the Home Department; Regina (Ali) v Same(Liberty and Joint Council for the Welfare of Immigrants intervening) – WLR Daily

Posted April 17th, 2013 in amendments, families, human rights, immigration, judicial review, law reports, regulations by sally

Regina (Bibi) v Secretary of State for the Home Department; Regina (Ali) v Same(Liberty and Joint Council for the Welfare of Immigrants intervening) [2013] EWCA Civ 322; [2013] WLR (D) 139

“The requirement that a foreign spouse or partner of a British citizen or person settled in the United Kingdom produce a test certificate of knowledge of the English language to a prescribed standard prior to entering the United Kingdom was proportionate.”

WLR Daily, 12th April 2013

Source: www.iclr.co.uk

Setting a trap for the European Court of Human Rights over foreign criminals – UK Human Rights Blog

Posted March 13th, 2013 in amendments, deportation, families, human rights, news by sally

“Dominic Raab MP has tabled an amendment to the Crime and Courts Bill which if passed would stop foreign criminals from using Article 8 of the European Convention on Human Rights (the right respect for private and family life) to prevent their deportation. The amendment has significant support.”

Full story

UK Human Rights Blog, 12th March 2013

Source: www.ukhumanrightsblog.com

Regina v Love and another – WLR Daily

Posted February 14th, 2013 in amendments, crime, indictments, law reports by sally

Regina v Love and another [2013] WLR (D) 56

“After a guilty plea had been entered an indictment could be amended otherwise than on an application by the defendant.”

WLR Daily, 13th February 2013

Source: www.iclr.co.uk

Ken Clarke fights amendments to security bill – The Guardian

Posted February 13th, 2013 in amendments, bills, civil justice, closed material, human rights, news, private hearings by sally

“Judges should be given the ‘maximum amount of discretion’ in deciding whether or not to order a secret court hearing under the justice and security bill, Ken Clarke has told MPs and peers.”

Full story

The Guardian, 12th February 2013

Source: www.guardian.co.uk

Abbey Forwarding Ltd (in liquidation) and another v Hone and others – WLR Daily

Posted December 14th, 2012 in amendments, judgments, jurisdiction, law reports by tracey

Abbey Forwarding Ltd (in liquidation) and another v Hone and others: [2012] EWHC 3525 (Ch);   [2012] WLR (D)  375

“There was no general bar in principle to the award of general damages for emotional distress where a freezing order was wrongly obtained but any such award would be sensitive to the facts of a particular case.”

WLR Daily, 11th December 2012

Source: www.iclr.co.uk

Regina (ToTel Ltd) v First-tier Tribunal (Tax Chamber) and another – WLR Daily

Posted November 2nd, 2012 in amendments, appeals, constitutional law, judicial review, law reports, taxation, tribunals, VAT by sally

Regina (ToTel Ltd) v First-tier Tribunal (Tax Chamber) and another [2012] EWCA Civ 1401; [2012] WLR (D) 303

“A taxpayer was entitled to appeal from the First-tier Tribunal to the Upper Tribunal against a decision that it would not suffer hardship if required to pay assessed value added tax before an appeal against the assessment could be heard. The right of appeal against hardship decisions had not been abolished by section 84(3C) of the Value Added Tax Act 1994 as the insertion of section 84(3C) by paragraph 221(5) of Schedule 1 to the Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 was ultra vires section 124 of the Finance Act 2008.”

WLR Daily, 31st October 2012

Source: www.iclr.co.uk

No removal of right of appeal without clear and express wording – UK Human Rights Blog

Posted November 2nd, 2012 in amendments, appeals, constitutional law, judicial review, news, taxation, tribunals, VAT by sally

“Tax litigation is not the most obvious hunting ground for human rights points but if claimants feel sufficiently pinched by what they perceive as unfair rules, there is nothing to stop them appealing to the courts’ scrutiny of the lawfulness of those rules.”

Full story

UK Human Rights Blog, 1st November 2012

Source: www.ukhumanrightsblog.com

Lords block legal aid bill again – The Guardian

Posted April 24th, 2012 in amendments, bills, legal aid, news, parliament by sally

“The government has suffered a fresh round of defeats in the House of Lords over austerity plans to cut legal aid, setting up a constitutional confrontation between the two houses of parliament.”

Full story

The Guardian, 23rd April 2012

Source: www.guardian.co.uk

NHS reforms finally become law – The Independent

Posted March 28th, 2012 in amendments, bills, health, legislation, news by sally

“The Government’s controversial reforms to the NHS became law today [27 March] after a tortuous 14-month passage through Parliament, when the Queen granted Royal Assent to the Health and Social Care Bill.”

Full story

The Independent, 27th March 2012

Source: www.independent.co.uk

Amending Suspended Sentence Orders: Have we been getting it wrong all this time? – Zenith Chambers

Posted March 6th, 2012 in amendments, illegality, news, sentencing, suspended sentences by sally

“The Suspended Sentence Order created by the Criminal Justice Act 2003 has had a relatively straightforward existence, particularly in comparison to some of the other provisions of that much criticised Act.”

Full story (PDF)

Zenith Chambers, 27th February 2012

Source: www.zenithchambers.co.uk

Berezovsky v Abramovich – WLR Daily

Posted February 28th, 2011 in amendments, appeals, intimidation, law reports, limitations, pleadings by sally

Berezovsky v Abramovich [2011] EWCA Civ 153; [2011] WLR (D) 59

“A claimant who applied for permission to amend his particulars of claim by reframing the loss allegedly suffered as a result of the commission of a tort was not seeking to make a new claim involving the addition or substitution of a new cause of action within the meaning of section 35 of the Limitation Act 1980.”

WLR Daily, 25th February 2011

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Swain-Mason and others v Mills & Reeve (a firm) – WLR Daily

Posted January 24th, 2011 in amendments, civil procedure rules, law reports, pleadings by sally

Swain-Mason and others v Mills & Reeve (a firm) [2011] EWCA Civ 14; [2011] WLR (D)

“In determining whether to grant a late application to amend a pleading a balance was always to be struck. The court was concerned with doing justice, but justice to all litigants, and thus where a last-minute amendment was sought the onus would be heavy on the amending party to show the strength of the new case and why justice to him, his opponent and other litigants required him to be able to pursue it.”

WLR Daily, 21st January 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.