Courts shine new light on the use of a single claim form involving multiple claimants – OUT-LAW.com

Posted June 6th, 2024 in civil procedure rules, class actions, joinder, negligence, news by sally

‘A recent Court of Appeal decision brings welcome clarity as to when a single claim may be used to name multiple claimants in England and Wales, experts have said.’

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OUT-LAW.com, 5th June 2024

Source: www.pinsentmasons.com

Clark v Adams: personal injury claim against Gerry Adams to proceed to trial – 12KBW Personal Injury Law Blog

‘Clark v Adams [2024] EWHC 62 (KB) is an unusual personal injury claim: three joined claims brought for injuries suffered as a result of bombings attributed to the Provisional Irish Republican Army (‘provisional IRA’) at the Old Bailey in March 1973, the London Docklands in February 1996 and the Arndale Centre in Manchester in June 1996. The claims were brought against the provisional IRA and against Gerry Adams, both in a representative capacity (as a representative of the provisional IRA) and in his personal capacity.’

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12KBW Personal Injury Law Blog, 23rd April 202

Source: pilawblog.com

Financial Remedies: Proprietary Estoppel & Interveners – Article by Matthew Smith – Park Square Barristers

‘The recent case of Teasdale v Carter & Teasdale [2023] EWHC 490 (Fam) provides a helpful reminder of the principles to be applied in a financial remedies hearing when a third party is joined in order for them to argue an interest in the family pot.’

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Park Square Barristers, 26th September 2023

Source: www.parksquarebarristers.co.uk

Upper Tribunal ruling reveals eight cases where contempt applications made to First-Tier Tribunal over alleged failure to comply with earlier FTT freedom of information decisions – Local Government Lawyer

Posted April 26th, 2022 in contempt of court, freedom of information, joinder, news, tribunals by sally

‘A recent Upper Tribunal ruling has revealed the existence of eight cases where the First-tier Tribunal (General Regulatory Chamber) (Information Rights) joined the Information Commissioner as a respondent to contempt applications made in respect of alleged failures by a party to meet obligations imposed on it by earlier FTT decisions, it has emerged.’

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Local Government Lawyer, 25th April 2022

Source: www.localgovernmentlawyer.co.uk

When Civil met Family: how to deal with TOLATA claims in Financial Provision cases – Becket Chambers

Posted November 2nd, 2021 in divorce, family courts, financial provision, joinder, news, third parties by sally

‘The Family Court is seeing an increasing number of cases where property is (or is asserted to be) owned by a third party. As more parents assist children with purchasing a home or friends buy with friends, it is ever more likely that a financial provision case will involve consideration of who owns what. Here are some tips on how to approach such a case.’

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Becket Chambers, 19th October 2021

Source: becket-chambers.co.uk

Aunt loses battle to be joined to Court of Protection proceedings – Local Government Lawyer

Posted December 17th, 2020 in carers, Court of Protection, joinder, learning difficulties, news by tracey

‘Confidential evidence meant a vulnerable woman’s maternal aunt should not be joined to proceedings about her welfare, the Court of Protection has ruled.’

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Local Government Lawyer, 17th December 2020

Source: www.localgovernmentlawyer.co.uk

Oligarch’s wife brings son into high-stakes divorce case – The Guardian

Posted May 12th, 2020 in champerty, divorce, families, joinder, news, third parties by sally

‘It is proving to be a very modern divorce. Armies of lawyers and advisers; hundreds of millions of pounds at stake; priceless art; a superyacht; a key lieutenant switching sides; the son dragged into the proceedings by his mother. No wonder some involved have likened it to The War of the Roses, the dark Hollywood comedy about a feuding couple starring Kathleen Turner and Michael Douglas.’

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The Guardian, 10th May 2020

Source: www.theguardian.com

Wife in one of Britain’s largest-ever divorce cases succeeds in latest enforcement action against her former husband – Family Law

‘In this article, we look at the recent decision in the ongoing and highly publicised divorce case of Akhmedova v Akhmedov. This decision is the latest in a long run of enforcement cases brought by the wife against her former husband, who, in 2016, was ordered to pay her one of the largest reported financial settlements in England. While the judge was critical of the husband’s reorganisation of his assets to put and keep them beyond the wife’s reach, this is not the end of the road for this case. This judgment is simply another stepping-stone towards the wife realising the award she is entitled to.’

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Family Law, 11th March 2020

Source: www.familylaw.co.uk

Financial Remedy Update, February 2020 – Family Law Week

Posted February 13th, 2020 in cohabitation, divorce, financial provision, joinder, matrimonial home, news, third parties by tracey

‘Sarah Hunter, Senior Associate and Eleanor Cawthra, Associate Mills & Reeve LLP consider the important news and case law relating to financial remedies and divorce during February 2020.’

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Family Law Week, 12th February 2020

Source: www.familylawweek.co.uk

Privatbank v Kolomoisky and ors – Blackstone Chambers

Posted October 29th, 2019 in enforcement, freezing injunctions, joinder, judgments, jurisdiction, news by sally

‘The case concerns an alleged scheme perpetrated by the defendants to misappropriate c. US$2 billion from the Bank. The Bank alleged that the scheme was orchestrated by Ds 1 and 2, Ukrainian “oligarchs” domiciled in Switzerland, with the assistance of English and BVI companies through which the Bank alleged that misappropriated monies were laundered. The Bank sued Ds 1 and 2 and the BVI companies in England, using the English companies as “anchor defendants”. It sought, and was granted by Nugee J, a Worldwide Freezing Order in the amount of US$2.6 billion.’

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Blackstone Chambers, 22nd October 2019

Source: www.blackstonechambers.com

International Children Law Update: June 2016 – Family Law Week

‘Jacqueline Renton, barrister of 4 Paper Buildings, reviews the latest key decisions in international children law.’

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Family Law Week, 7th June 2016

Source: www.familylawweek.co.uk

Tis aw a muddle – costs edition – Nearly Legal

Posted May 6th, 2016 in agency, costs, injunctions, joinder, landlord & tenant, news, repossession by tracey

‘Morales v Enver (2016) QBD (Irwin J) 28/04/2016. Mr M had brought injunction for re-entry proceedings against a landlord and agents.’

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Nearly Legal, 4th May 2016

Source: www.nearlylegal.co.uk/blog/

In re M and others (Children) (Abduction: Child’s Objections) – WLR Daily

In re M and others (Children) (Abduction: Child’s Objections) [2015] EWCA Civ 26; [2015] WLR (D) 44

‘Where a court was determining, for the purposes of article 13 of the Hague Convention 1980, whether a child objected to being returned and had attained the age and degree of maturity at which it was appropriate to take account of its views, the use of sub-tests and technicality were to be avoided.’

WLR Daily, 27th January 2015

Source: www.iclr.co.uk

“Nowadays not all law can be simple law; but the best law remains simple law” – Family Law Week

Posted February 11th, 2015 in appeals, child abduction, children, consent, custody, families, joinder, litigation friends, news by sally

‘Christopher Hames and Dorothea Gartland, of 4 Paper Buildings, & Nina Hansen, a partner of Freemans Solicitors, consider the important Court of Appeal judgment in Re M (Republic of Ireland) (Children’s Objection) (Joinder of Children as Parties).’

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Family Law Week, 4th February 2015

Source: www.familylawweek.co.uk

Regina v Powell (Carl) – WLR Daily

Posted January 30th, 2014 in appeals, crime, evidence, indictments, joinder, law reports by sally

Regina v Powell (Carl) [2014] WLR (D) 34

‘The statutory regimes concerning joinder of counts in an indictment and cross-admissibility of evidence were separate and the settled criteria concerning joinder had not been superseded in consequence of the changes in relation to evidence of bad character made by the Criminal Justice Act 2003.’

WLR Daily, 29th January 2014

Source: www.iclr.co.uk

Court of Protection Update – Family Law Week

Posted December 7th, 2012 in Court of Protection, joinder, jurisdiction, medical treatment, news by sally

“Sally Bradley and Michael Edwards, Barristers, both of 4 Paper Buildings consider recent developments in the Court of Protection.”

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Family Law Week, 6th December 2012

Source: www.familylawweek.co.uk

Football Association Premier League Ltd and others v QC Leisure Ltd and others (Union des Associations Europeenes de Football, British Sky Broadcasting Ltd, Setanta Sports sarl, Groupe Canal Plus SA and Motion Picture Association intervening) – WLR Daily

Posted November 17th, 2008 in civil procedure rules, joinder, law reports by sally

Football Association Premier League Ltd and others v QC Leisure Ltd and others (Union des Associations Europeenes de Football, British Sky Broadcasting Ltd, Setanta Sports sarl, Groupe Canal Plus SA and Motion Picture Association intervening)

“The court had jurisdiction under CPR r 19.2(a) to join parties as claimants to national court proceedings in which questions had been referred to the Court of Justice of the European Communities where the joinder applications were solely for the purpose of making submissions to the Court of Justice on the referred questions.”

WLR Daily, 14th November 2008

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.

Roberts v Gill & Co (a Firm) and Another – Times Law Reports

Posted August 18th, 2008 in derivative claims, joinder, law reports by sally

Roberts v Gill & Co (a Firm) and Another

Court of Appeal

“When the court gave permission for a personal claim, brought by a beneficiary of an estate in his personal capacity, to be continued as a derivative claim on behalf of the estate, the personal representative or administrator had to be joined as a party to those proceedings.”

The Times, 18th August 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Roberts v Gill & Co and another – WLR Daily

Posted July 17th, 2008 in derivative claims, joinder, law reports by sally

Roberts v Gill & Co and another [2008] EWCA Civ 803; [2008] WLR (D) 239

Where a beneficiary of an estate brought a derivative claim, the personal representative had to be joined as a party, since the situation was indistinguishable from that of a derivative action brought by a member of a company or corporate body, in which the company had to be joined as a defendant under CPR r 19.3.”

WLR Daily, 16th July 2008

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.