Abuse of Process for Lost Evidence: Alive and Kicking – 25 Bedford Row

‘Colin Wells discusses the recent case of ANP [2022] EWCA Crim 1111 in which the Court of Appeal (Criminal Division) considered the circumstances of when a case might be stayed as an abuse of process when important evidence has been lost or destroyed.’

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25 Bedford Row, 5th December 2022

Source: www.25bedfordrow.com

Novel consideration when balancing the imperatives of adjudication and litigation – Practical Law: Construction Blog

‘The court may order a stay of a claim pursuant to CPR 3.1(2)(f) where the claimant has previously been ordered to pay the defendant sums in satisfaction of an adjudicator’s decision and the claimant has not done so. That power is exercised, in part, with the “pay now argue later” ethos of the Construction Act 1996 in mind. The key decisions to date (which I discuss below) balance a party’s rights of access to the court against those broader policy objectives. This post looks at a case in which the TCC applied and expanded the case law in this area, RHP Merchants and Construction Ltd v Treforest Property Co Ltd.’

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Practical Law: Construction Blog, 2nd February 2022

Source: constructionblog.practicallaw.com

Court rejects Slater and Gordon bid to end costs recovery cases – Law Society’s Gazette

Posted September 17th, 2021 in costs, damages, law firms, news, personal injuries, stay of proceedings by tracey

‘Lawyers chasing personal injury firms over the deductions from former clients’ damages have been handed a huge twin boost by the court.’

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Law Society's Gazette, 17th September 2021

Source: www.lawgazette.co.uk

Private Prosecution Stayed as an Abuse of Process: Costs Recovered – 25 Bedford Row

‘The issue of recovering legal costs for a defendant who successfully applied to stay a private prosecution, on grounds of abuse of process, was considered and decided upon by the Court of Appeal (Criminal Division) in Muhammed Asif v Adil Iqbal Ditta and Noreen Riaz [2021] EWCA Crim 1091 (judgment 15th July 2021).’

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25 Bedford Row, 9th August 2021

Source: www.25bedfordrow.com

TCC stays expert determination proceedings – Practical Law: Construction Blog

‘It has been quite some time since I have blogged about expert determination. In fact, the last time was six years ago when I wrote about the Court of Appeal’s judgment in Begum v Hossain, which concerned the valuation of shares in an Indian restaurant. That was before the term “Brexit” had been coined and most of us were happily oblivious to the meaning of the word “furlough”. Therefore, Jefford J’s recent judgment in Maypole Dock v Catalyst Housing Ltd, which concerned an interim injunction to restrain the pursuit of an expert determination, caught my eye.’

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Practical Law: Construction Blog, 6th July 2021

Source: constructionblog.practicallaw.com

Stay of proceedings in consequence of restructuring plan – Mills & Reeve

‘A restructuring plan to compromise certain landlord claims was allowed to proceed without being impeded by judgment being entered on a landlord’s claim for arrears.’

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Mills & Reeve, 7th July 2021

Source: www.mills-reeve.com

Eviction ban: A million are in fear of losing their homes, charity says – BBC News

Posted June 1st, 2021 in coronavirus, news, rent, repossession, stay of proceedings by sally

‘As England’s coronavirus eviction ban comes to an end on Monday, around a million households fear losing their homes, a charity says.’

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BBC News, 31st May 2021

Source: www.bbc.co.uk

Case Note: Município de Mariana & Ors v BHP Group plc, BHP Billiton plc and BHP Group Ltd – Blackstone Chambers

‘This note considers the judgment of Turner J in the Technology and Construction Court of 10 November 2020 in the case of Município de Mariana & Ors v BHP Group plc, BHP Billiton plc and BHP Group Ltd. In that judgment, Turner J struck out a claim by a very large group of claimants for compensation for damage caused by the 2015 collapse of the Fundão Dam in South Eastern Brazil, in which over 40 million cubic metres of tailings washed into the Doce River with massive human, environmental, and economic cost. This note presents the factual background of the case and sets out the most relevant features of the judgment for the practice of mass tort litigation in the multinational context.’

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Blackstone Chambers, 15th February 2021

Source: www.blackstonechambers.com

Consigned to History: Do abuse of process arguments work in historic sex cases? – Carmelite Chambers

Posted February 2nd, 2021 in abuse of process, delay, news, stay of proceedings by sally

‘Ben Hargreaves looks at the case law from R (Ebrahim) v Feltham MC [2001] 2 Cr.App.R. 23 through to R v Hewitt [2020] EWCA Crim 1247 and considers whether there is any prospect of turning the tide on the diminishing scope for successful abuse arguments in historic sex allegations.’

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Carmelite Chambers, 1st February 2021

Source: www.carmelitechambers.co.uk

High Court strikes out group action as an abuse of process: Municipo de Mariana v BHP Group PLC [2020] EWHC 2930 (TCC) – Henderson Chambers

‘The High Court has struck out claims brought by more than 200,000 Brazilian claimants in the English courts against British and Australian holding companies in relation to the collapse of the Fundao Dam in Brazil in 2015. In Municipo de Mariana v BHP Group PLC ([2020] EWHC 2930 (TCC)) Turner J found the claims to be an abuse of process and also considered that, in the alternative, the proceedings should be stayed under the Recast Brussels Regulation and on the basis of forum non conveniens. While Turner J emphasised that the factual background of this case was central to his conclusions, his judgment contains a detailed analysis of the relevant caselaw and his consideration of the facts surrounding the claim will no doubt be of interest to parties involved in similar cross-jurisdictional and group actions. Charles Gibson QC led the Counsel team for the Defendants.’

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Henderson Chambers, 19th November 2020

Source: www.hendersonchambers.co.uk

Children: Public Law Update (October) – Family Law Week

“John Tughan QC of 4PB considers the latest judgments that Public law child lawyers need to know about.”

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Family Law Week, 28th October 2020

Source: www.familylawweek.co.uk

Judge condemns late argument in “forensic arms race” of a case – Litigation Futures

‘A High Court judge has strongly attacked the claimants in what he described as a “forensic arms race” over a complex claim by 202,000 Brazilian people and businesses following the collapse of a dam in 2015.’

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Litigation Futures, 7th October 2020

Source: www.litigationfutures.com

Eviction and contempt – Nearly Legal

Posted September 25th, 2020 in appeals, debts, landlord & tenant, news, rent, repossession, stay of proceedings, undertakings by sally

‘This is a somewhat unusual appeal in the context of possession proceedings, being an appeal against a 12 month committal of the tenant to prison on two counts of contempt of court.’

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Nearly Legal, 21st September 2020

Source: nearlylegal.co.uk

Court avers the right to legal proceedings but you may still have to pay up front on existing judgments – Hardwicke Chambers

‘This case acts as a reminder of the hierarchy to seeking a remedy in construction contracts. The right to legal proceedings in construction contracts is more fundamental than the payment provisions. The payment provisions are superior to the adjudication provisions. However, a party will still have to honour judgment debts in related proceedings.’

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Hardwicke Chambers, 5th August 2020

Source: hardwicke.co.uk

“Stay” no more: the future for possession claims. Practice Direction 55C (and Christmas?) – Falcon Chambers

‘First it was CPR PD 51Z. Then CPR 55.29. Not to mention Arkin v Marshall [2020] EWCA Civ 620; Hackney LBC v Okoro [2020] EWCA Civ 681; TFS Stores Ltd v Designer Retail Outlet Centres (Mansfield) General Partner Ltd [2020] EWCA Civ 833. Has any other element of civil procedure law, not least one with a mere 5 month lifespan, ever received consideration no fewer than three times by the Court of Appeal? Such is the significance of the coronavirus-related general stay of possession claims.’

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Falcon Chambers, 20th July 2020

Source: www.falcon-chambers.com

Court of Appeal stands firm on stay of landlord possession claims – Wilberforce Chambers

‘The Court of Appeal has given important clarity and breathing space to commercial and residential tenants in its recent judgment in TFS Stores Ltd v BMG (Ashford) Ltd & Ors [2020] EWCA Civ 833 by confirming that all parts of proceedings involving a claim for possession brought by a landlord are automatically stayed.’

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Wilberforce Chambers, 23rd July 2020

Source: www.wilberforce.co.uk

Towards a New Normal? Possession Claims in the Brave New World – St Ives Chambers

Posted July 30th, 2020 in coronavirus, news, repossession, stay of proceedings by sally

‘The government has confirmed that the stay that has been in place on virtually all possession claims will not be the subject to a further extension.’

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St Ives Chambers, 20th July 2020

Source: www.stiveschambers.co.uk

The End is in Sight – but what then?- St Ives Chambers

‘The stay of possession proceedings (which started on 27 March 2020) comes to an end on 23 August 2020 and the courts and government have been working on plans how to resume possession cases after that date.’

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St Ives Chambers, 24th July 2020

Source: www.stiveschambers.co.uk

No wasted costs order after QC instructed on wrong issue – Litigation Futures

Posted July 28th, 2020 in appeals, news, stay of proceedings, time limits, VAT, wasted costs orders by sally

‘The First-tier Tribunal has refused to grant HM Revenue & Customs (HMRC) a wasted costs order despite its opponents instructing their QC on the wrong issue.’

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Litigation Futures, 23rd July 2020

Source: www.litigationfutures.com

Copyright – Performing Right Society Ltd v Qatar Airways Group QCS – NIPC Law

‘This was an application by the defendant airline to stay an action for copyright infringement on grounds of forum non conveniens and case management. The action has been brought by the Performing Right Society which alleges that the inflight entertainment systems of the defendant’s aircraft infringe the copyright laws of the countries in which those aircraft are present at any one time. The application came on before Mr Justice Birss on 18 June 2020. He handed down his judgment in Performing Right Society Ltd v Qatar Airways Group QCS [2020] EWHC 1872 on 17 July 2020.’

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NIPC Law, 20th July 2020

Source: nipclaw.blogspot.com