Stay of proceedings before serving a claim form – 4 New Square

Posted November 2nd, 2018 in limitations, news, service, stay of proceedings, time limits by sally

‘Noting the recent Court of Appeal decision in Grant v Dawn Meats (UK), Stephen Innes and Hannah Daly of 4 New Square consider the options open to Claimants.’

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4 New Square, 23rd October 2018

Source: www.4newsquare.com

Stayin’ Alive – Claim Form Success For Claimant In The Court Of Appeal – Zenith PI

‘In Grant v Dawn Meats (UK) [2018] EWCA Civ 2212, the Court of Appeal held that an order staying the matter also stayed the Claimant’s obligation to serve the claim form.
That being the case, the Claimant was not out of time for serving the claim form when he did so within the four month period following the expiry of the stay.’

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Zenith PI, 22nd October 2018

Source: zenithpi.wordpress.com

Arbitration clause “trumps” Part 8 application to overturn adjudicator’s decision – Practical Law: Construction Blog

Posted September 20th, 2018 in arbitration, construction industry, contracts, costs, news, stay of proceedings by tracey

‘When I was a kid, Top Trumps were all the rage. I know from my own boys that they still are. Back then, it was all about whether you had the fastest car or the most popular footballer (even Star Wars characters featured, but how did you decide if Hans Solo was better than Princess Leia?). Now, just about every topic is covered by a set of cards.
I mention this because a recent TCC judgment demonstrates that the arbitration clause in the JCT standard building contract can “trump” a Part 8 application for declaratory relief, with the court granting a stay of those Part 8 proceedings.’

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Practical Law: Construction Blog, 18th September 2018

Source: constructionblog.practicallaw.com

Harmony at the price of principle: the impact of Mercato Sports (UK) Limited & McKay v Everton FC [2018] EWHC 1567 (Ch) (“Mercato”) – Sports Law Bulletin from Blackstone Chambers

Posted September 7th, 2018 in agency, arbitration, contract of employment, news, sport, stay of proceedings by tracey

‘In July the High Court in Mercato considered the circumstances in which parties, not including the FA, who are subject to the FA Rules, will be bound to arbitrate disputes between them under FA Rule K. The judgment follows, and attempts to reconcile, two decisions of the same Court in 2017 on the same topic: Davies v Nottingham Forest FC [2017] EWHC 2095 (“Davies”) and Bony v Kacou & Ors [2017] EWHC 2146 (Ch) (“Bony”).’

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Sports Law Bulletin from Blackstone Chambers , 6th September 2018

Source: www.sportslawbulletin.org

Cash flow tensions in adjudication enforcement – Practical Law: Construction Blog

‘Much has been written about Fraser J’s judgment in Gosvenor London Ltd v Aygun Aluminium UK Ltd, with both Tim Sampson and Abdul Jinadu discussing various issues on this blog. What I thought was interesting about the judgment was how it illustrates the tension between adjudication and the principle embodied within it of keeping cash flowing, and how a successful challenge on enforcement may stop it. Ironically, this is often at a time when a party most needs cash to keep flowing.’

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Practical Law: Construction Blog, 24th April 2018

Source: constructionblog.practicallaw.com

Hillsborough police officer granted funds to fight potential manslaughter charges – The Guardian

Posted December 5th, 2017 in homicide, legal aid, negligence, news, police, stay of proceedings by tracey

‘The former senior police officer who was the match commander at the Hillsborough disaster is to get funding to fight a possible prosecution on charges of gross negligence manslaughter.’

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The Guardian, 4th December 2017

Source: www.theguardian.com

Exploring applications for declarations of parentage (Akyuz v Akyuz) – Family Law

‘Private Client analysis: Michael Wells-Greco, partner at Charles Russell Speechlys, examines the issues in Akyuz v Akyuz and examines whether an application for a declaration of parentage should be dismissed or stayed on the basis of forum non conveniens.’

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Family Law, 24th November 2017

Source: www.familylaw.co.uk

High Court questions growing use of standstill agreements – Litigation Futures

Posted October 3rd, 2017 in agreements, negligence, news, stay of proceedings, striking out by sally

‘The High Court has questioned the growing use of standstill agreements in litigation, saying they are “potentially just another self-inflicted complication” when it would be simpler to apply for a stay.’

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Litigation Futures, 3rd October 2017

Source: www.litigationfutures.com

Employment tribunal president lifts fees claim stay with “administrative” solution imminent – Litigation Futures

Posted August 21st, 2017 in employment tribunals, fees, news, stay of proceedings by sally

‘The Ministry of Justice and Her Majesty’s Courts and Tribunals Service (HMCTS) will soon announce an “administrative” solution to claims arising from the Supreme Court’s ruling last month that the current fees regime is unlawful, it has emerged.’

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Litigation Futures, 21st August 2017

Source: www.litigationfutures.com

Employment tribunal president stays fees challenges in wake of Supreme Court ruling – Litigation Futures

Posted August 11th, 2017 in case management, employment tribunals, fees, news, stay of proceedings by tracey

‘The president of employment tribunals in England and Wales, Judge Brian Doyle, has issued a case management order staying claims brought on the basis of the Supreme Court’s ruling last month that the current fees regime is unlawful.’

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Litigation Futures, 10th August 2017

Source: www.litigationfutures.com

Court of Appeal overturns ruling in favour of claimant that accepted part 36 offer late – Litigation Futures

‘Uncertainty regarding a claimant’s prognosis is part of the usual risk of personal injury litigation and not enough to justify disapplying the usual consequences of accepting a part 36 offer out of time, the Court of Appeal has ruled.’

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Litigation Futures, 26th July 2017

Source: www.litigationfutures.com

Staying proceedings against “a necessary and proper party”: A pragmatic approach – Hardwicke Chambers

Posted May 16th, 2017 in civil procedure rules, jurisdiction, news, stay of proceedings by sally

‘English courts are averse to the risk of parallel litigation in multiple jurisdictions. For this reason, where an English defendant is correctly sued in England, foreign domiciled defendants who are necessary and proper parties to the claim are commonly brought into the English court’s jurisdiction.’

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Hardwicke Chambers, 3rd May 2017

Source: www.hardwicke.co.uk

Budgeting uncertainty set to roll on until Merrix appeal – Litigation Futures

Posted March 20th, 2017 in appeals, budgets, costs, news, reasons, stay of proceedings by tracey

‘The fall-out is continuing from the recent High Court decision that budgets bind the parties at detailed assessment unless there is good reason not to, although it seems clear that parties are waiting for a definitive ruling from the Court of Appeal.’

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Litigation Futures, 16th March 2017

Source: www.litigationfutures.com

High Court: costs budget DOES trump detailed assessment – Litigation Futures

Posted February 27th, 2017 in appeals, budgets, civil procedure rules, costs, judges, judgments, news, stay of proceedings by tracey

‘An approved or agreed budget will bind the parties at detailed assessment unless there is good reason not to, the High Court has ruled in a decision that is almost certain to go to the Court of Appeal.’

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Litigation Futures, 24th February 2017

Source: www.litigationfutures.com

Higher education claims: Court gives general guidance on JR and OIA complaints – Education Blog

‘In three linked cases the Administrative Court has just given important general guidance on the relationship between judicial review proceedings and references to the Office of the Independent Adjudicator for Higher Education. The three linked cases were R (Zahid) v University of Manchester, R (Rafique-Aldawery) v St George’s, University of London, and R (Sivasubramaniyam) v University of Leicester [2017] EWHC 188 (Admin). The cases were decided together by judgment of Mr Justice Hickinbottom delivered on 10 February 2017.’

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Education Blog, 13th February 2017

Source: www.education11kbw.com

Judge stays case until claimants pay correct court fee – Law Society’s Gazette

Posted August 17th, 2016 in contracts, fees, news, stay of proceedings by sally

‘The High Court has ruled that a contract claim against retailer Sports Direct should be stayed until the claimant has paid the correct court fee.’

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Law Society’s Gazette, 16th August 2016

Source: www.lawgazette.co.uk

Dickinson and another v UK Acorn Finance Ltd – WLR Daily

Dickinson and another v UK Acorn Finance Ltd [2015] EWCA Civ 1194; [2015] WLR (D) 479

‘The fact that a loan the subject of litigation was rendered unenforceable by statute did not mean that a judge was not entitled to determine whether it would be an abuse of process for a party to proceed with its submission that it would be an abuse of process for another party to be permitted to proceed with its claim which was founded on that loan.’

WLR Daily, 25th November 2015

Source: www.iclr.co.uk

Ring Fencing – New Square Chambers

Posted July 27th, 2015 in Crown Court, disclosure, news, self-incrimination, stay of proceedings by sally

‘There is an important question of the circumstances in which a civil trial can take place during the period when a defendant is being prosecuted for related matters in the Crown Court.’

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New Square Chambers, 29th June 2015

Source: www.newsquarechambers.co.uk

Richards: Mitchell led to decisions that were “manifestly unjust and disproportionate” – Litigation Futures

Posted July 27th, 2015 in appeals, arbitration, news, stay of proceedings, striking out by sally

‘The Court of Appeal ruling in Mitchell led to decisions that were “manifestly unjust and disproportionate”, the deputy head of civil justice has said.’

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Litigation Futures, 27th July 2015

Source: www.litigationfutures.com

Chai v Peng Undermining the purpose of “forum conveniens?” – Family Law Week

Posted December 15th, 2014 in abuse of process, appeals, divorce, estoppel, jurisdiction, news, stay of proceedings by tracey

‘Tim Scott QC, Peter Duckworth and James Pullen, all of 29 Bedford Row who represented Dr Kay Peng Khoo in Chai v Peng, analyse the proceedings to date.’

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Family Law Week, 11th December 2014

Source: www.familylawweek.co.uk