‘A woman has been allowed by the High Court to amend her statutory housing appeal application after she named the wrong council on the original.’
Local Government Lawyer, 8th February 2024
Source: www.localgovernmentlawyer.co.uk
‘Jonathan Upton looks at the recent case of Alma Property Management Ltd v Crompton which illustrates the importance of considering the rights and obligations of each party in whose capacity one acts and pleading the case accordingly.’
Tanfield Chambers, 28th September 2023
Source: www.tanfieldchambers.co.uk
‘The case of Sindra Bilal & Anor v St George’s University NHS Foundation [2023] EWCA Civ 605 provides a useful reminder to ensure issues are pleaded if they are to be advanced at trial.’
Parklane Plowden Chambers, 16th July 2023
Source: www.parklaneplowden.co.uk
‘The recent decision in Brem v Clark & Anor [2023] EWHC 1358 (KB) is a good reminder of the matters that the court will consider when determining an application to strike out a ‘dubious’ claim in unusual circumstances and a subsequent appeal against the decision to strike out.’
Becket Chambers, 4th July 2023
Source: becket-chambers.co.uk
‘A High Court judge has thrown out allegations of collusion and negligence against a law firm after agreeing that the case was “going nowhere”.’
Law Society's Gazette, 21st June 2023
Source: www.lawgazette.co.uk
‘A High Court judge has expressed her “dismay” that there was no pre-trial review in a case that was discontinued on day four of a trial that had been listed several months earlier.’
Legal Futures, 18th April 2023
Source: www.legalfutures.co.uk
‘A High Court judge has made a veiled warning to solicitors not to over-plead on data protection cases and incur massive costs on unnecessary litigation.’
Law Society’s Gazette, 10th October 2022
Source: www.lawgazette.co.uk
‘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
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