‘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
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
“Part I of this Article considered the approach of the courts and Insurers during the litigation process, but what happens post-litigation? Part II considers that very question.”
Full story (PDF)
Zenith Chambers, 11th April 2012
Source: www.zenithchambers.co.uk
Regina v Oldfield [2011] WLR (D) 337
“Where an application by a defendant to withdraw a plea of guilty involved a conflict between the defendant’s evidence and the evidence of his former counsel, the practice at many court centres by which a judge from elsewhere would be brought in to hear the application was to be commended.”
WLR Daily, 22nd November 2011
Source: www.iclr.co.uk
“National Grid is battling in London’s high court for access to secret documents relating to its £235m cartel case against a group of Europe’s top engineering companies.”
The Guardian, 7th July 2011
Source: www.guardian.co.uk
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) [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.
Rymer v Director of Public Prosecutions [2010] EWHC 1848 (Admin); [2010] WLR (D) 197
“A defendant who had pleaded guilty by post in response to a written charge in respect of summary offences and who had been convicted by the justices in his absence pursuant to s 12(4) of the Magistrates’ Court Act 1980 did not have an automatic right to change his plea at a resumed hearing after the case had been adjourned for sentencing pursuant to s 12(5) of the 1980 Act.”
WLR Daily, 22nd July 2010
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.
Masood and others v Zahoor and others [2009] EWCA 650; [2009] WLR (D) 231
“Where a claimant relied on a forged document he forfeited the right to have an adjudication of his claim, and it was irrelevant that the defendant also relied on forged documents. There was no weighing or balancing exercise to be carried out.”
WLR Daily, 7th July 2009
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.
Pickthall Ltd v Hill Dickinson LLP and another [2009] EWCA Civ 543; [2009] WLR (D) 183
“It was an abuse of process for a party to issue proceedings on the day before the limitation period expired in the knowledge that the cause of action was vested not in him but in his trustee in bankruptcy, despite the party’s intention of later seeking an assignment of the cause of action and amending the claim form so that the assignment (which had been obtained after the expiration of the limitation period) could be pleaded.”
WLR Daily, 12th June 2009
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.
“Two brothers convicted of killing a bank chief expected to face a murder trial until their court case started.”
BBC News, 9th June 2009
Source: www.bbc.co.uk
Warren v The Random House Group Ltd [2008] EWCA Civ 834; [2008] WLR (D) 242
“Only in exceptional circumstances would the court permit a defendant to resile from an offer of amends made and accepted in a libel action.”
WLR daily, 17th 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.
White v. Greensand Homes Ltd. and another [2007] EWCA Civ 643
“A defendant, who has made a mistaken admission that he had been the designer of a building in pre action protocol correspondence which he repeated in his defence filed in proceedings, could not withdraw the admission without the court’s permission. In considering whether to grant permission the court had to have regard to the question of any prejudice to either party arising from either the grant or refusal of such an application.”
WLR Daily, 28th June 2007
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.
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