Category: pleadings

Confiscation & honouring the unchallenged basis of plea in R v Mohammed Zia Munir: Francesca Levitt examines for Lexis Nexis – 5SAH

Posted February 11th, 2021 in chambers articles, confiscation, drug offences, news, pleadings, proceeds of crime by sally

‘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).’

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5SAH, 11th February 2021

Source: www.5sah.co.uk

CoA rules litigant in person needed help making right claim – Law Society’s Gazette

Posted March 19th, 2020 in litigants in person, news, pleadings by sally

‘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.’

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Law Society's Gazette, 18th March 2020

Source: www.lawgazette.co.uk

Sally Challen’s son launches public appeal for her murder charge to be downgraded – Daily Telegraph

Posted March 8th, 2019 in Crown Prosecution Service, domestic violence, homicide, murder, news, plea bargaining, pleadings by sally

‘The sons of a woman who killed her husband in a hammer attack have launched a public appeal for her murder charge to be downgraded and have accused the CPS of “discrimination against women”.’

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Daily Telegraph, 7th March 2019

Source: www.telegraph.co.uk

Help! Somebody has stolen my client list – Henderson Chambers

Posted August 9th, 2018 in confidentiality, copyright, database right, fiduciary duty, news, pleadings by sally

‘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.’

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Henderson Chambers, July 2018

Source: 3yf6pp3bqg8c3rycgf1gbn9w-wpengine.netdna-ssl.com

Analysing and Pleading Whistleblowing Claims Following the Court of Appeal’s Decision in Kilraine – Littleton Chambers

Posted August 7th, 2018 in employment tribunals, news, pleadings, whistleblowers by sally

‘As most employment lawyers will testify, whistleblowing claims are easy to allege, but hard to prove and even harder to win.’

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Littleton Chambers, 16th July 2018

Source: www.littletonchambers.com

Not for the court to redraft pleadings, High Court says as it strikes out defence – Litigation Futures

Posted April 3rd, 2018 in documents, drafting, news, pleadings, striking out by sally

‘It is not the court’s role to redraft pleadings in the hope of producing an “intelligible defence”, the High Court has said.’

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Litigation Futures, 29th March 2018

Source: www.litigationfutures.com

Pleadings & Fundamental Dishonesty – By Andrew Wilson – Park Square Barristers

Posted November 23rd, 2017 in civil procedure rules, costs, news, pleadings by sally

‘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.’

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Park Square Barristers, 3rd November 2017

Source: www.parksquarebarristers.co.uk

Honesty, integrity and pleading / putting allegations – UK Police Law Blog

Posted June 23rd, 2017 in news, pleadings, police, professional conduct, regulations, solicitors, Solicitors Regulation Authority by tracey

‘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.’

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UK Police Law Blog, 21st June 2017

Source: ukpolicelawblog.com

Late Amendments to Pleadings – Proceed with Caution – Zenith PI Blog

Posted December 2nd, 2016 in amendments, building law, contracts, duty of care, news, pleadings by sally

‘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.’

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Zenith PI Blog, 30th November 2016

Source: www.zenithpi.wordpress.com

Adam Johnson guilty of sexual activity with a child – The Guardian

Posted March 3rd, 2016 in employment, news, pleadings, sentencing, sexual grooming, sexual offences, sport by sally

‘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.’

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The Guardian, 2nd March 2016

Source: www.guardian.co.uk

Abdulle and others v Commissioner of Police of the Metropolis – WLR Daily

Posted December 14th, 2015 in appeals, case management, civil procedure rules, detention, fees, law reports, pleadings, striking out by sally

Abdulle and others v Commissioner of Police of the Metropolis [2015] EWCA Civ 1260; [2015] WLR (D) 513

‘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

Digital ‘Make A Plea’ system means people can choose where and when they plead – Ministry of Justice

Posted February 27th, 2015 in electronic filing, pleadings, press releases by tracey

‘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.’

Full press release

Ministry of Justice, 26th February 2015

Source: www.gov.uk/government/organisations/ministry-of-justice

Judge expresses anger at “flagrant non-compliance” with Commercial Court rules on pleadings – Litigation Futures

Posted February 23rd, 2015 in barristers, codes of practice, costs, fraud, news, penalties, pleadings, time limits by sally

‘A High Court judge has handed out a tongue-lashing and a costs penalty over a party’s failure to stick to the rules governing the length and content of statements of claim laid down in the Commercial Court Guide.’

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Litigation Futures, 23rd February 2015

Source: www.litigationfutures.com

Court of Appeal urges lawyers to get “back to basics” on pleadings – Litigation Futures

Posted December 12th, 2014 in case management, drafting, news, pleadings by sally

‘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.’

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Litigation Futures, 12th December 2014

Source: www.litigationfutures.com

When to plead fraud – Barristers’ Hub

Posted February 3rd, 2014 in enforcement, fraud, misrepresentation, news, pleadings, time limits by tracey

‘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.’

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Barristers’ Hub, 31st January 2014

Source: www.barristershub.co.uk

Veil exposes courtroom quandary – BBC News

Posted September 13th, 2013 in courts, identification, Islam, news, pleadings, precedent, women by tracey

“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.”

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BBC News, 12th September 2013

Source: www.bbc.co.uk

Regina v Lawrence – WLR Daily

Posted July 2nd, 2013 in appeals, firearms, guilty pleas, jurisdiction, law reports, pleadings, retrials by sally

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

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.”

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New Law Journal, 18th April 2013

Source: www.newlawjournal.co.uk

In re Coniston Hotel (Kent) LLP (in liquidation) Bernsten and another v Tait and another – WLR Daily

Posted February 11th, 2013 in administrators, compensation, insolvency, law reports, news, pleadings by sally

In re Coniston Hotel (Kent) LLP (in liquidation) Bernsten and another v Tait and another [2013] EWHC 93 (Ch); [2013] WLR (D) 46

“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

Sullivan (aka Soloman) v Bristol Film Studios Ltd – WLR Daily

Posted May 14th, 2012 in abuse of process, appeals, copyright, damages, law reports, pleadings, striking out by sally

Sullivan (aka Soloman) v Bristol Film Studios Ltd [2012] EWCA Civ 570; [2012] WLR (D) 145

“In deciding whether a small claim ought to be struck out as an abuse of process it was relevant to consider whether there was a proportionate procedure available by which the claim could be adjudicated.”

WLR Daily, 3rd May 2012

Source: www.iclr.co.uk