Wrong in principle – Nearly Legal

Posted February 26th, 2024 in disclosure, housing, injunctions, news, notification, pre-action conduct, repossession by tracey

‘Morgan v Business Mortgage Finance 5 Plc (2024) EWHC 309 (KB). This was a High Court hearing of an ex parte application for an “emergency injunction” to stay an eviction (amongst other things).’

Full Story

Nearly Legal, 25th February 2024

Source: nearlylegal.co.uk

Good Law Project issues letter before action against Secretary of State over “arbitrary” new Voter ID rules – Local Government Lawyer

‘Campaign organisation Good Law Project has sent a letter before action to the Secretary of State for Levelling Up, Housing and Communities, Michael Gove, regarding his response to a report by the Electoral Commission on the impact of the voter ID requirements.’

Full Story

Local Government Lawyer, 15th February 2024

Source: www.localgovernmentlawyer.co.uk

A lack of candour over a lack of discretion – Nearly Legal

Posted February 12th, 2024 in homelessness, housing, judicial review, local government, news, pre-action conduct by tracey

‘Montano, R (On the Application Of) v London Borough of Lambeth (2024) EWHC 249 (Admin). A short note on this judicial review. Ms M had requested that Lambeth exercise a discretion to back date her entry on the housing register (for greater priority) to the date of her homeless application. Lambeth denied that it had any discretion to do so under its allocation policy.’

Full Story

Nearly Legal, 11th February 2024

Source: nearlylegal.co.uk

Fessing Up: A Note on Pre-Action Admissions – St Philips Barristers

Posted November 8th, 2023 in appeals, chambers articles, civil procedure rules, news, pre-action conduct by sally

‘This brief article considers the law on admissions made before the commencement of proceedings in the context of the recent revision of Part 14 of the CPR.’

Full Story

St Philips Barristers, 24th October 2023

Source: st-philips.com

Proposed changes to Pre-Action Protocols – Local Government Lawyer

Posted September 29th, 2023 in civil procedure rules, local government, news, pre-action conduct by tracey

‘The Civil Justice Council has published its final report on Pre-Action Protocols. Jim Byard summarises the main recommendations and discuss the implications for practitioners.’

Full Story

Local Government Lawyer, 29th September 2023

Source: www.localgovernmentlawyer.co.uk

CJC presses ahead with radical reform plans for pre-action protocols – Legal Futures

‘The Civil Justice Council (CJC) has made only minor changes to proposals for radical reform of pre-action protocols (PAPs) in the first part of a final report on the issue.’

Full Story

Legal Futures, 23rd August 2023

Source: www.legalfutures.co.uk

Judge’s “dismay” at conduct of High Court claim – Legal Futures

Posted April 18th, 2023 in amendments, news, personal injuries, pleadings, pre-action conduct, railways by sally

‘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.’

Full Story

Legal Futures, 18th April 2023

Source: www.legalfutures.co.uk

Think Twice Before Making a Pre-Action Admission – Parklane Plowden Chambers

‘This case concerned a clinical negligence claim arising out of the death of Dr Oluyinka O Somoye. In short Dr Somoye attended the Defendant’s hospital for a myomectomy on 28/02/18 and was discharged by the treating doctors on 03/03/18. On 07/03/18 Dr Somoye returned to hospital with severe abdominal pain. She subsequently vomited faeces, collapsed, and suffered a fatal cardiac arrest.’

Full Story

Parklane Plowden Chambers, 3rd March 2023

Source: www.parklaneplowden.co.uk

Met faces legal action after refusing to police ‘March of the Mummies’ – The Guardian

Posted September 30th, 2022 in children, demonstrations, news, police, pre-action conduct, road traffic, women by michael

‘The Metropolitan police are facing legal action after they refused to police a major protest by mothers against the cost of childcare in central London, weeks before it was scheduled to take place.’

Full Story

The Guardian, 30th September 2022

Source: www.theguardian.com

Met Police facing legal action over ‘failure’ to probe Downing Street Christmas party – The Independent

‘The Metropolitan Police is facing legal action if it fails to investigate reports of the Downing Street Christmas party in 2020, according to campaigners.’

Full Story

The Independent, 19th January 2022

Source: www.independent.co.uk

Council facing judicial review for push to get children in vulnerable families back to school – Local Government Lawyer

‘A Covid-vulnerable family has sent a pre-action protocol letter to a council that it says unlawfully told a headteacher to stop allowing their children to stay home during rises in case numbers.’

Full Story

Local Government Lawyer, 30th November 2021

Source: www.localgovernmentlawyer.co.uk

Priti Patel faces three legal challenges over refugee pushback plans – The Guardian

‘Priti Patel is facing three legal challenges over her controversial plans to push back refugees on small boats in the Channel who are trying to reach the UK.’

Full Story

The Guardian, 25th November 2021

Source: www.theguardian.com

Appeal judges back higher costs where claimant has died – Law Society’s Gazette

‘The Court of Appeal has found in favour of claimants with a ruling that the more lucrative costs regime should apply where someone dies before their case concludes.’

Full Story

Law Society's Gazette, 12th July 2021

Source: www.lawgazette.co.uk

Mason v Laing: Wrongly decided? – No. 5 Chambers

‘Those involved in soft tissue injury cases proceeding under the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (“the RTA Protocol”) may be familiar with paragraph 7.8B of the Protocol.’

Full Story

No. 5 Chambers, 11th June 2021

Source: www.no5.com

Judge throws out expert evidence during trial in excoriating ruling – Litigation Futures

‘The High Court has excluded three expert witness statements during the trial after ruling that their opinions appeared “directly influenced” by the instructing party.’

Full Story

Litigation Futures, 2nd June 2021

Source: www.litigationfutures.com

A lesson in how not to write a Pre-Action Protocol (or change the CPR more generally) – No. 5 Chambers

‘If you are unlucky enough to have a car crash after 31 May 2021 and suffer whiplash injuries, you will face a very different approach to the valuation of and means of obtaining your damages. The new tariff regulations – The Whiplash Injury Regulations 2021 – will reduce general damages significantly, from the potential £4,080 for a 12-month whiplash injury under the Judicial College Guidelines to a fixed £1,320 under the tariff scheme.’

Full Story

No. 5 Chambers, 1st March 2021

Source: www.no5.com

British Gymnastics faces group-claim lawsuit from 17 alleging abuse – The Guardian

‘British Gymnastics is facing an unprecedented group-claim lawsuit from 17 former gymnasts, who allege there was widespread physical and psychological abuse deployed by coaches on children as young as six as part of a “win at all costs” mentality in the sport.’

Full Story

The Guardian, 26th February 2021

Source: www.theguardian.com

Nightmare Neighbours – What Actions Can Be Taken Against Them? – Becket Chambers

‘Some of us are unfortunate enough to encounter nightmare neighbours who negatively impact our day-to-day life to varying degrees. This article seeks to explore the options available to clients who need to take further steps to resolve their neighbour disputes.’

Full Story

Becket Chambers, 5th January 2021

Source: becket-chambers.co.uk

Union takes legal action over Boris Johnson’s decision to clear Priti Patel of bullying – The Independent

‘Boris Johnson is facing legal action over his decision to clear Priti Patel of bullying staff at the Home Office and other departments.’

Full Story

The Independent, 10th December 2020

Source: www.independent.co.uk

Civil Justice Council launches review of Pre-action Protocols – Local Government Lawyer

Posted October 28th, 2020 in civil justice, dispute resolution, local government, news, pre-action conduct by sally

‘The Civil Justice Council has launched a review of Pre-action Protocols (PAPs) that will look at all aspects of PAPs including their purpose, whether they are working effectively in practice and what reforms, if any, are required.’

Full Story

Local Government Lawyer, 28th October 2020

Source: www.localgovernmentlawyer.co.uk