Category: striking out

Clark v Adams: personal injury claim against Gerry Adams to proceed to trial – 12KBW Personal Injury Law Blog

Posted April 25th, 2024 in chambers articles, explosives, joinder, news, Northern Ireland, personal injuries, striking out, terrorism, unincorporated associations by sally

‘Clark v Adams [2024] EWHC 62 (KB) is an unusual personal injury claim: three joined claims brought for injuries suffered as a result of bombings attributed to the Provisional Irish Republican Army (‘provisional IRA’) at the Old Bailey in March 1973, the London Docklands in February 1996 and the Arndale Centre in Manchester in June 1996. The claims were brought against the provisional IRA and against Gerry Adams, both in a representative capacity (as a representative of the provisional IRA) and in his personal capacity.’

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12KBW Personal Injury Law Blog, 23rd April 202

Source: pilawblog.com

High Court concern over 10 law firms being sued in one action – Legal Futures

Posted April 23rd, 2024 in law firms, negligence, news, sale of land, striking out by sally

‘A High Court judge has used a case where 10 law firms are being sued to warn about “extreme attempts” to bring such claims in one action.’

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Legal Futures, 22nd April 2024

Source: www.legalfutures.co.uk

High Court throws out £110m claim against law firms – Legal Futures

Posted April 11th, 2024 in abuse of process, duty of care, law firms, news, striking out by sally

‘A businessman who brought a claim against two leading law firms, and also reported them and those representing them to the Solicitors Regulation Authority (SRA), has seen his case struck out.’

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Legal Futures, 11th April 2024

Source: www.legalfutures.co.uk

Hundreds of police officer data breach claims struck out – Legal Futures

Posted February 26th, 2024 in costs, damages, data protection, news, pensions, police, privacy, striking out by tracey

‘Hundreds of police officers who brought data breach and misuse of private information claims where their pre-issue costs alone were £1.2m have seen their claims struck out.’

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Legal Futures, 26th February 2024

Source: www.legalfutures.co.uk

The wind cries arguable case: Hendrix rights case against Sony will go to trial – Law Society’s Gazette

Posted January 31st, 2024 in artistic works, copyright, intellectual property, news, striking out by tracey

‘Atrial concerning the copyright and performance rights of 1960s guitar legend Jimi Hendrix’s bandmates, bass guitarist Noel Redding and drummer “Mitch” Mitchell, is to go ahead, a judge has ruled.’

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Law Society's Gazette, 30th January 2024

Source: www.lawgazette.co.uk

Tribunal doubles costs award against “unreasonable” CIty firm staffer – Legal Futures

Posted January 5th, 2024 in costs, disclosure, employment, employment tribunals, law firms, news, striking out, unfair dismissal by sally

‘A former employee of City giant Hogan Lovells tried to cause “maximum disruption” to the law firm in bringing employment tribunal proceedings, “perhaps as some form of revenge for his dismissal”, a judge has ruled.’

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Legal Futures, 5th January 2024

Source: www.legalfutures.co.uk

Will an office-holder be immune from future claims when a court approves their decision? – Guildhall Chambers

Posted October 3rd, 2023 in abuse of process, immunity, negligence, news, receivers, striking out by sally

‘If the court gives its blessing in respect of a decision taken by an office-holder, does the court’s approval mean that the office-holder is immune from any subsequent challenge to that decision? If so, to what extent? Is it blanket immunity? Those are the questions which this article will address following the Court of Appeal’s decision in Denaxe Ltd v Cooper & Rubin [2023] EWCA Civ 752.’

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Guildhall Chambers, 15th September 2023

Source: www.guildhallchambers.co.uk

Incompetent Litigation Leading to Strike Out of a Claim – Beware! – Becket Chambers

Posted August 1st, 2023 in adjournment, appeals, chambers articles, negligence, news, pleadings, striking out by sally

‘The recent decision in Brem v Clark & Anor [2023] EWHC 1358 (KB) is a good reminder of the matters that the court will consider when determining an application to strike out a ‘dubious’ claim in unusual circumstances and a subsequent appeal against the decision to strike out.’

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Becket Chambers, 4th July 2023

Source: becket-chambers.co.uk

‘Pitiful’ collusion claim against firm thrown out in High Court – Law Society’s Gazette

Posted June 22nd, 2023 in fraud, law firms, negligence, news, pleadings, striking out by tracey

‘A High Court judge has thrown out allegations of collusion and negligence against a law firm after agreeing that the case was “going nowhere”.’

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Law Society's Gazette, 21st June 2023

Source: www.lawgazette.co.uk

Judge throws out DeepMind NHS data action – Law Society’s Gazette

Posted May 23rd, 2023 in civil procedure rules, class actions, internet, medical records, misuse of private information, news, striking out by sally

‘A representative claim on behalf of 1.6 million people whose medical records were drawn upon to help Google subsidiary DeepMind develop an app has been thrown out by the High Court because of the claimants’ differing circumstances. Ruling in Prismall v Google UK & Anor, Mrs Justice Heather Williams DBE found that the claim failed the ‘same interest’ requirement set out in the civil procedure rules.’

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Law Society's Gazette, 22nd May 2023

Source: www.lawgazette.co.uk

Wasted Costs in the Commercial Court – Hailsham Chambers

Posted April 13th, 2023 in barristers, Commercial Court, news, solicitors, striking out, wasted costs orders by sally

‘In King v Stiefel (Wasted Costs) [2023] EWHC 453 (Comm), the Commercial Court emphatically rejected applications for wasted costs against a barrister and his instructing solicitors, in relation to a claim which had been struck out. The case is a good example of how difficult it is to obtain a wasted costs order against lawyers. William Flenley KC acted for the successful solicitors.’

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Hailsham Chambers, 8th March 2023

Source: www.hailshamchambers.com

Owen v Black Horse Limited [2023] EWCA Civ 325 – No Strike Out Despite the Claimant’s Absence at Trial – Pump Court Chambers

Posted March 31st, 2023 in appeals, chambers articles, civil procedure rules, consumer credit, insurance, interpretation, legal representation, news, small claims, striking out by sally

‘The Court of Appeal has interpreted the rules for non-attendance on the small claims track in a manner consistent with rule 39.3 in finding that an absent Claimant nevertheless “appeared” at his trial, through his legal representative.’

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Pump Court Chambers, 29th March 2023

Source: www.pumpcourtchambers.com

Tory peer wins legal battle against former employee who accused him of ‘victimisation’ – Daily Telegraph

Posted February 16th, 2023 in audio recordings, employment, evidence, news, striking out, victimisation by sally

‘Employment judge found woman acted dishonestly by destroying a phone which contained a covert recording of conversation with Lord Ranger.’

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Daily Telegraph, 15th February 2023

Source: www.telegraph.co.uk

Costs protection still in place for last-minute discontinuance, rules CoA – Law Society’s Gazette

Posted January 19th, 2023 in civil procedure rules, costs, news, personal injuries, striking out by tracey

‘A claimant who discontinued his personal injury case on the morning of trial should still be entitled to costs protection, the Court of Appeal has ruled.’

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Law Society’s Gazette, 18th January 2023

Source: www.lawgazette.co.uk

Ruling supports ‘bad faith’ trade mark counterclaims – OUT-LAW.com

Posted November 8th, 2022 in news, striking out, trade marks by sally

‘Assertions that a trade mark has been registered in bad faith should be assumed to be true unless the trade mark holder can provide evidence to demonstrate otherwise, the Court of Appeal has said.’

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OUT-LAW.com, 7th November 2022

Source: www.pinsentmasons.com

Failure to remove claims now harder to strike out – Local Government Lawyer

Posted September 16th, 2022 in appeals, child abuse, child cruelty, child neglect, children, families, local government, negligence, news, striking out by tracey

‘Claimants in two unconnected cases recently won their appeals over the striking out of their claims in negligence brought against the local authorities arising out of the exercise of their statutory functions under the Children Act 1989. Sarah Erwin-Jones and Louse Fisher consider the implications of this decision.’

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Local Government Lawyer, 16th September 2022

Source: www.localgovernmentlawyer.co.uk

Court of Appeal reopens claims on child abuse duty of care – Law Society’s Gazette

Posted September 2nd, 2022 in appeals, child abuse, child neglect, children, duty of care, local government, negligence, news, striking out by tracey

‘The Court of Appeal has ruled that negligence claims against local authorities over their duty of care to abused children must be heard in court.’

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Law Society's Gazette, 1st September 2022

Source: www.lawgazette.co.uk

Court of Appeal warns of “perverse incentives” from litigation funding – Legal Futures

Posted July 29th, 2022 in appeals, class actions, competition, costs, news, striking out, third parties, transport, tribunals by sally

‘The Court of Appeal yesterday highlighted the importance of judicial control over costs to ensure that the involvement of third-party litigation funders does not create perverse incentives.’

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Legal Futures, 29th July 2022

Source: www.legalfutures.co.uk

No diplomatic immunity in modern slavery cases, Supreme Court rules – BBC News

Posted July 8th, 2022 in appeals, civil justice, diplomats, employment, employment tribunals, forced labour, immunity, news, Saudi Arabia, striking out, Supreme Court, trafficking in human beings by sally

‘The UK Supreme Court has ruled that diplomats cannot hide behind immunity to exploit workers, in a victory for campaigners against modern slavery.’

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BBC News, 7th July 2022

Source: www.bbc.co.uk

New Judgment: Basfar v Wong [2022] UKSC 20 – UKSC Blog

Posted July 8th, 2022 in appeals, civil justice, diplomats, employment, employment tribunals, forced labour, immunity, news, Saudi Arabia, striking out, Supreme Court, trafficking in human beings by sally

‘The Appellant (a national of the Philippines) is a migrant domestic worker who worked in the household of the Respondent, a diplomat representing the Kingdom of Saudi Arabia in the United Kingdom. Ms Wong claims to be a victim of human trafficking who was forced to work for Mr Basfar and his family in circumstances of modern slavery after they brought her with them to the UK in August 2016.’

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UKSC Blog, 6th July 2022

Source: ukscblog.com