Actor Ricky Tomlinson opposing bid to have ‘hacking’ claim thrown out of court – The Independent

‘Actor Ricky Tomlinson has described an attempt by a newspaper publisher to have his claim against it over unlawful information gathering thrown out of court as “outrageous and disgusting”.’

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The Independent, 28th April 2022

Source: www.independent.co.uk

Judge could hand down judgment despite settlement – Legal Futures

‘A deputy master could hand down her judgment on a case that had been heard but settled the day before she was due to circulate a draft judgment striking out the claims.’

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Legal Futures, 20th April 2022

Source: www.legalfutures.co.uk

SRA rebukes leading class action firm over conduct of struck-out claim – Legal Futures

‘Class action firm Hausfeld has been rebuked by the Solicitors Regulation Authority (SRA) for allowing its independence to be compromised in the conduct of a massive group claim.’

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Legal Futures, 5th April 2022

Source: www.legalfutures.co.uk

Raising a criminal case in the civil courts – St John’s Chambers

‘Allegations of criminal behaviour are normally tried in the criminal courts. But where a crime is either not prosecuted, or cannot be proved beyond reasonable doubt, the question may end up being tried in a civil court, even where the allegation is as serious as it could be, such as murder. This may cause difficulties where the evidence relied upon has been obtained by a third party, such as a police force whether in England or abroad, and the claimant is not in a position to give a detailed account of the allegation until that evidence is available.’

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St John's Chambers, 1st February 2022

Source: www.stjohnschambers.co.uk

“Warehoused” case against law firm struck out – Legal Futures

Posted January 18th, 2022 in abuse of process, conspiracy, fraud, law firms, negligence, news, striking out by tracey

‘The High Court has struck out a professional negligence claim against a London law firm that it decided had been “warehoused”.’

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Legal Futures, 18th January 2022

Source: www.legalfutures.co.uk

High Court strikes out law professor’s libel claims – Legal Futures

‘The High Court has struck out libel claims made by a former Warwick University law professor against two fellow academics, an investigator and a law student.’

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Legal Futures, 10th January 2022

Source: www.legalfutures.co.uk

English courts can still grant pan-EU trade mark injunctions, judge rules – Law Society’s Gazette

Posted January 4th, 2022 in brexit, EC law, injunctions, news, striking out, trade marks by tracey

‘The English courts can still grant a pan-EU trade mark injunction in proceedings commenced before the end of the Brexit implementation period, the High Court has confirmed.’

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Law Society's Gazette, 29th December 2021

Source: www.lawgazette.co.uk

Covid not good enough reason for solicitors missing court deadline – Legal Futures

Posted December 6th, 2021 in coronavirus, delay, law firms, negligence, news, striking out, time limits by sally

‘The disruption caused by Covid last year was not a good enough excuse for a law firm missing a deadline to file amended particulars of claim by four months, the High Court has ruled.’

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Legal Futures, 6th December 2021

Source: www.legalfutures.co.uk

“Abusive” to bring minor data breach claim in High Court – Legal Futures

‘A master has labelled as “a form of procedural abuse” a bid to bring a data breach claim in the High Court where the “very modest” damages would be dwarfed by costs of £50,000.’

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Legal Futures, 17th November 2021

Source: www.legalfutures.co.uk

‘Failure to remove’ claims in the High Court – Local Government Lawyer

‘Paul Stagg looks at the lessons from an important High Court ruling on ‘failure to remove’ claims.’

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Local Government Lawyer, 8th November 2021

Source: www.localgovernmentlawyer.co.uk

Rent Repayment applications – time limits for substituting parties – Nearly Legal

Posted November 1st, 2021 in appeals, housing, jurisdiction, landlord & tenant, news, rent, striking out, time limits by tracey

‘Gurusinghe & Ors v Drumlin Ltd (HOUSING – RENT REPAYMENT ORDER – Procedure) (2021) UKUT 268 (LC). Just a quick note on this one – an appeal to the Upper Tribunal on an FTT decision on an application to add a new respondent to an RRO application as the proper landlord.’

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Nearly Legal, 31st October 2021

Source: nearlylegal.co.uk

Court allows part of negligence claim against firm to go to trial – Legal Futures

‘A law firm now part of consolidator Metamorph Law has been only partially successful in striking out a claim over how it advised a client on his clinical negligence case.’

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Legal Futures, 1st November 2021

Source: www.legalfutures.co.uk

Tribunal declines to strike out pupillage discrimination claim – The Guardian

‘An employment tribunal has refused to strike out a claim that a chambers discriminated against a pupillage applicant even though it has “little reasonable chance” of succeeding.’

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Legal Futures, 21st September 2021

Source: www.legalfutures.co.uk

PI claim to proceed despite tribunal settlement – Law Society’s Gazette

‘The High Court has allowed a PI claim to be pursued by an employee against his former bosses – even though the parties settled an employment tribunal claim over the same matter years previously.’

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Law Society's Gazette, 2nd September 2021

Source: www.lawgazette.co.uk

Appeal judges reject “binary” approach to negligence claim – Legal Futures

Posted August 5th, 2021 in damages, limitations, negligence, news, personal injuries, striking out by sally

‘The Court of Appeal has rejected as “too binary” the approach taken by a High Court judge when striking out a negligence claim against lawyers over their former client’s capacity to litigate.’

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Legal Futures, 5th August 2021

Source: www.legalfutures.co.uk

Important new High Court judgment on data breach litigation – Panopticon

Posted August 2nd, 2021 in chambers articles, data protection, negligence, news, privacy, striking out by sally

‘The High Court (Saini J) has today handed down judgment in Warren v DSG Retail Ltd [2021] EWHC 2168 (QB) (available here: Warren v DSG judgment). It is pithy and important stuff for data protection litigation, especially as regards accidental data breaches and the recoverability of ATE premiums.’

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Panopticon, 30th July 2021

Source: panopticonblog.com

Court of Appeal revives “unmanageable” £5bn class action – Legal Futures

‘A decision to strike out an “unmanageable” £5bn group action brought by 200,000 claimants over a dam collapse in Brazil can be appealed, the Court of Appeal has decided.’

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Legal Futures, 28th July 2021

Source: www.legalfutures.co.uk

No defence, no reasonableness – service charges and referral to the Tribunal. – Nearly Legal

Posted June 11th, 2021 in appeals, housing, landlord & tenant, news, service charges, striking out, tribunals by tracey

‘Gell v 32 St John’s Road (Eastbourne) Management Company Ltd (2021) EWCA Civ 789. This is one of those cases where the Court of Appeal says “It is perhaps surprising that in the 35 years since the Landlord and Tenant Act 1985 was enacted the effect on a claim for service charges of the striking out of a defence has not been determined”, and my first reaction is that really, it is rather surprising that it has come up at all. Nonetheless, it has, and if you have spent 35 years waiting for clarity on this point, you are in luck. However, the judgment does have some significant things to say about referrals to the First Tier Tribunal (PC) from the courts, and the position after a struck out defence.’

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Nearly Legal, 6th June 2021

Source: nearlylegal.co.uk

Fully cladding your Particulars of Claim is key – Mills & Reeve

‘Beware the pitfalls of bringing a claim at the last possible opportunity, and the prohibition against pleading new causes of action in the Reply to Defence … Martlett Homes Limited v. Mulalley & Co. Limited [2021] EWHC 296 (TCC).’

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Mills & Reeve, 8th June 2021

Source: www.mills-reeve.com

Duty of care for the acts of third parties – Law Society’s Gazette

‘In Begum v Maran (UK) Ltd [2021] EWCA Civ 326, the Court of Appeal recently refused to dismiss a claim seeking damages from a UK-domiciled company following its sale of a ship to a third party, which arranged for its disposal in an unsafe manner. Although limited to arguability, it offers key insights into how duties could evolve into the consequences of corporates’ interactions with third parties.’

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Law Society's Gazette, 7th June 2021

Source: www.lawgazette.co.uk