striking out – Current Awareness

Supreme Court gives new guidance on liability of local authorities – UK Human Rights Blog

Posted June 7th, 2019 in appeals, children, duty of care, harassment, housing, human rights, local government, news, personal injuries, statutory duty, striking out, Supreme Court by tracey

‘Poole Borough Council v GN and another [2019] UKSC 25. The Supreme Court has found that Poole Borough Council did not owe a duty of care to two children, CN and GN, who it failed to re-house, despite the fact that they were suffering abuse from their neighbours. However, the court overruled previous authority and found that in some situations a duty of care might arise.’

UK Human Rights Blog, 7th June 2019

Source: ukhumanrightsblog.com

Tribunal rejects law firm’s bid to strike out disability claim – Legal Futures

Posted May 2nd, 2019 in accidents, disability discrimination, disabled persons, disclosure, employment tribunals, equality, law firms, mental health, news, personal injuries, road traffic, striking out by tracey

‘An employment tribunal has said it would be “wholly inappropriate” to strike out a disability discrimination claim against a law firm from a legal secretary suffering from depression.’

Legal Futures, 2nd May 2019

Source: www.legalfutures.co.uk

Judge disapplies QOCS after claimants’ failure to pay court fee – Litigation Futures

Posted April 30th, 2019 in costs, fees, judges, litigants in person, news, notification, personal injuries, small claims, solicitors, striking out by sally

‘A failure to pay a trial fee can result in qualified one-way costs shifting (QOCS) being disapplied on strike-out, a judge has ruled.’

Litigation Futures, 29th April 2019

Source: www.litigationfutures.com

“No general duty” for barristers to advise on litigation funding – Litigation Futures

Posted April 25th, 2019 in barristers, fees, negligence, news, solicitors, striking out by tracey

‘Barristers are under no duty to advise clients on litigation funding unless specifically instructed to, the High Court has held.’

Litigation Futures, 25th April 2019

Source: www.litigationfutures.com

Solicitor’s discrimination claim to continue despite Twitter campaign – Legal Futures

Posted April 11th, 2019 in employment tribunals, harassment, internet, news, religious discrimination, sex discrimination, solicitors, striking out, unfair dismissal by sally

‘US firm Paul Weiss Rifkind Wharton & Garrison has failed to strike out an employment tribunal claim brought by a former corporate lawyer in its London office, after a tribunal found her not responsible for a friend’s Twitter campaign against it.’

Legal Futures, 11th April 2019

Source: www.legalfutures.co.uk

High Court strikes out City firm’s ‘warehoused’ claim – Litigation Futures

Posted March 28th, 2019 in abuse of process, delay, law firms, news, striking out by sally

‘The High Court has struck out a claim by City firm Bryan Cave Leighton Paisner (BLCP) for abuse of process on the grounds of ‘warehousing’.’

Litigation Futures, 27th March 2019

Source: www.litigationfutures.com

Fundamental dishonesty “should lead to strike-out of whole claim” – Litigation Futures

Posted March 20th, 2019 in costs, damages, fraud, news, personal injuries, road traffic, statutory interpretation, striking out by sally

‘A finding of fundamental dishonesty in a personal injury claim should mean an associated credit hire claim is also struck out, a circuit judge has ruled.’

Litigation Futures, 19th March 2019

Source: www.litigationfutures.com

Part 36 offer not a “trump card” to thwart court orders – Litigation Futures

Posted October 30th, 2018 in delay, disclosure, documents, litigants in person, negligence, news, part 36 offers, striking out by sally

‘A part 36 offer is not “some form of trump card” which overrides previous court orders, a High Court judge has made clear.’

Litigation Futures, 30th October 2018

Source: www.litigationfutures.com

When service charges become indisputable – Nearly Legal

Posted August 22nd, 2018 in default judgments, landlord & tenant, news, service charges, striking out by sally

‘Tenants/Leaseholders can seek a determination of the payability and reasonableness of service charges under s.27A Landlord and Tenant Act 1985. It has been something of a question about how far back a challenge can extend in terms of service charge years. While this Upper Tribunal decision is not a complete answer, it does address some of the ways in a which a service charge can become unchallengeable.’

Nearly Legal, 19th August 2018

Source: nearlylegal.co.uk

‘It’s not fair on you to continue’ – judge kills off LiP’s epic claim – Law Society’s Gazette

Posted August 9th, 2018 in abuse of process, insolvency, litigants in person, news, striking out by tracey

‘A High Court judge has sought once and for all to close three-year proceedings brought by a litigant in person, saying it is not fair to use court time to indulge the matter any further.’

Law Society's Gazette, 9th August 2018

Source: www.lawgazette.co.uk

Court finds abuse of process did not affect limitation period – Law Society’s Gazette

Posted July 10th, 2018 in abuse of process, limitations, news, striking out, time limits by sally

‘The High Court has decided not to strike out a claim where an incorrect fee was paid days before the limitation period ended.’

Law Society's Gazette, 10th July 2018

Source: www.lawgazette.co.uk

Finance and Divorce Update, June 2018 – Family Law Week

Posted June 15th, 2018 in charging orders, costs, divorce, financial provision, jurisdiction, news, prenuptial agreements, striking out by tracey

‘Naomi Shelton, Associate, Mills & Reeve LLP considers the news and case law relating to financial remedies and divorce during May 2018.’

Family Law Week, 14th June 2018

Source: www.familylawweek.co.uk

Delayed service sufficient to strike out freezing orders – OUT-LAW.com

Posted May 17th, 2018 in appeals, banking, delay, documents, freezing injunctions, news, striking out by tracey

‘The Court of Appeal has upheld a decision to strike out freezing orders granted on behalf of French bank Société Générale (SocGen), after finding that the bank had taken too long to issue the relevant claim forms.’

OUT-LAW.com, 16th May 2018

Source: www.out-law.com

High Court refuses to strike out £1.2m family law negligence claim – Legal Futures

Posted May 16th, 2018 in law firms, negligence, news, striking out by sally

‘“Very real obstacles” faced by a family law client in bringing a negligence action against a Cheshire law firm did not mean that the claim should be struck out in its entirety, the High Court has ruled.’

Legal Futures, 16th May 2018

Source: www.legalfutures.co.uk

Senior partner who bungled hearing loss claims and lied to the court is struck off – Litigation Futures

Posted April 26th, 2018 in costs, disciplinary procedures, disqualification, news, professional conduct, solicitors, striking out, tribunals by sally

‘The senior partner of a personal injury firm who bungled 37 noise-induced hearing loss (NIHL) claims and lied to the court has been struck off by the Solicitors Disciplinary Tribunal (SDT).’

Litigation Futures, 25th April 2018

Source: www.litigationfutures.com

Litigant’s claim struck out for discussing case during break in giving evidence – a cautionary tale – Transparency Project

Posted April 19th, 2018 in appeals, BBC, employment tribunals, evidence, media, news, striking out, witnesses by sally

‘It’s one of the cardinal rules of court procedure: once you’ve entered the witness box and started to give evidence, you mustn’t discuss the case with anyone outside court, if there’s a break in the proceedings, until you’ve finished giving evidence.’

Transparency Project, 15th April 2018

Source: www.transparencyproject.org.uk

Litigant in person’s “tittle tattle” claim needs a proper hearing, says judge – Litigation Futures

Posted April 5th, 2018 in appeals, litigants in person, news, probate, striking out, summary judgments by sally

‘A litigant in person’s contentious probate claim, part of which was dismissed by a High Court master as “no more than tittle tattle”, needs a proper hearing, a judge has decided.’

Litigation Futures, 5th April 2018

Source: www.litigationfutures.com

Not for the court to redraft pleadings, High Court says as it strikes out defence – Litigation Futures

Posted April 3rd, 2018 in documents, drafting, news, pleadings, striking out by sally

‘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

Aktas v Adepta and the Difficulty of Applying to Strike out “Second” Claim Forms – Zenith Chambers

Posted March 16th, 2018 in abuse of process, civil procedure rules, negligence, news, service, striking out, time limits by sally

‘The decision of the Court of Appeal in the cases of Aktas v Adepta and Dixie v British Polythene Industries Limited [2010] EWCA Civ 1170 sets a demanding test for Defendants seeking to strike out “second” Claim Forms where service of a “first” Claim Form has failed.’

Zenith Chambers, 5th March 2018

Source: www.zenithchambers.co.uk

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