‘A claimant who receives a defence is not required to take any further step in relation to the statements of case. It can consider the pleadings closed and seek to move on to directions, disclosure, evidence and ultimately trial. Nevertheless, sometimes the claimant will want to react to or deal with the allegations made in the defence.’
Practical Law: Construction Blog, 9th June 2021
‘The appellant was sentenced on an unchallenged, written basis of plea to the effect that he was a mere custodian of drugs on behalf of another. In these circumstances the court was bound to apply the provisions of the Proceeds of Crime Act 2002 (POCA 2002) consistently with the facts of the basis of plea. On his basis, the appellant could not be said to have received the drugs for his own benefit and therefore he did not obtain property within the meaning of POCA 2002, s 76(4).’
5SAH, 11th February 2021
Source: www.5sah.co.uk
‘Appeal judges have advised that courts must step in if litigants in person are mistakenly pursuing the wrong case. In Mervyn v BW Controls Ltd the Court of Appeal ruled that, in cases where at least one party is unrepresented, judges should intervene to clarify issues which arise on pleadings and confirm which claims have been conceded.’
Law Society's Gazette, 18th March 2020
Source: www.lawgazette.co.uk
‘Companies can invest significant sums in the creation and maintenance of their client lists. Unsurprising, their client lists are often closely guarded. But what if protections fail? Under the Copyright and Rights in Databases Regulations 1997, firms can bring actions against those that access and download their client list (for instance, a former employee). The wronged party can demand the return or destruction of the confidential information, an injunction to prevent its use and damages for any losses.’
Henderson Chambers, July 2018
‘As most employment lawyers will testify, whistleblowing claims are easy to allege, but hard to prove and even harder to win.’
Littleton Chambers, 16th July 2018
Source: www.littletonchambers.com
‘It is not the court’s role to redraft pleadings in the hope of producing an “intelligible defence”, the High Court has said.’
Litigation Futures, 29th March 2018
Source: www.litigationfutures.com
‘On 30th October 2017, the Court of Appeal finally settled whether fundamental dishonesty needs to pleaded before a Defendant can rely on CPR 44.16(1) to set aside QUOCS.’
Park Square Barristers, 3rd November 2017
Source: www.parksquarebarristers.co.uk
‘The debate on whether there is a difference between honesty and integrity continues apace in Rhys Williams v Solicitors Regulatory Authority [2017] EWHC 1478 (Admin). I expressed my opinion here that there was a material difference between the two and that the decision of Mostyn J in Malins v Solicitors Regulatory Authority [2017] EWHC 835 (Admin), that the two were synonymous, was not correct – at least for the purposes of the Police (Conduct) Regulations 2012. The Divisional Court (the President of the QBD presiding) has now similarly deprecated it.’
UK Police Law Blog, 21st June 2017
Source: ukpolicelawblog.com
‘The Claimant had purchased a new build property which had been constructed by the First Defendant company. Slightly over a year later the Claimant tripped over a paved step in her garden which rendered her tetraplegic. The other Defendants to the claim were the directors of the First Defendant and the contractor who had been engaged to lay the paving in the garden.’
Zenith PI Blog, 30th November 2016
Source: www.zenithpi.wordpress.com
‘The footballer Adam Johnson is facing the prospect of five years in jail after being found guilty of sexual activity with a 15-year-old schoolgirl.’
The Guardian, 2nd March 2016
Source: www.guardian.co.uk
‘The Court of Appeal would not lightly interfere with a case management decision and would support robust and fair case management decisions by first instance judges to strike out, or to decline to strike out, claims under CPR r 3.4(2)(c). In a case in which the balance was a “fine” one, an appellate court should respect the balance struck by the first instance judge.’
WLR Daily, 8th December 2015
Source: www.iclr.co.uk
‘A new digital service will allow people charged with minor motoring offences to make a plea online at a time and place of their choosing.’
Ministry of Justice, 26th February 2015
Source: www.gov.uk/government/organisations/ministry-of-justice
‘It is time for pleadings to get “back to basics”, the Court of Appeal said yesterday after suggesting that “practitioners have, on occasion, lost sight” that their aim is to help the court and the parties.’
Litigation Futures, 12th December 2014
Source: www.litigationfutures.com
‘Pleading fraud is not to be done lightly, and there can be significant adverse consequences of doing so inappropriately. Equally, however, failing to plead fraud where appropriate can deprive a party to litigation of the opportunity to succeed on a point which might be decisive in that party’s favour, and successfully alleging fraud can have very beneficial consequences in terms of liability, remedy and enforcement. This article is intended to provide a brief overview of factors that should be weighed when deciding whether to plead fraud in any given (civil) claim.’
Barristers’ Hub, 31st January 2014
Source: www.barristershub.co.uk
“Sitting in Blackfriars Crown Court in south London, I watched a very modern, multicultural dilemma. Back in August, a Muslim woman was due to appear, accused of intimidating a witness. The woman, whom the BBC isn’t naming for legal reasons, was expected to enter a plea. But Judge Peter Murphy said he could not hear that plea because he could not identify her: she was wearing a niqab, the type of black face covering worn by some Muslim women that only leaves their eyes visible.”
BBC News, 12th September 2013
Source: www.bbc.co.uk
Regina v Lawrence [2013] EWCA Crim 1054; [2013] WLR (D) 263
“The Court of Appeal (Criminal Division) had no power, when allowing an appeal against conviction, either to substitute a plea of guilty in respect of an offence as to which the defendant could not have pleaded or been found guilty or to order retrial.”
WLR Daily, 28th June 2013
Source: www.iclr.co.uk
“‘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.”
New Law Journal, 18th April 2013
Source: www.newlawjournal.co.uk
“Points of claim in insolvency proceedings should concisely set out every fact necessary to establish the legal basis for the relief sought but with a degree of particularity to enable those responding to understand the nature of the case.”
WLR Daily, 1st February 2013
Source: www.iclr.co.uk
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