Supreme Court allows Mueen-Uddin appeal – 5RB

‘A unanimous Supreme Court reversed the Court of Appeal’s and High Court’s decision to strike out the libel claim as an abuse of process.’

Full Story

5RB, 20th June 2024

Source: www.5rb.com

Strike-out on the basis of facts, not law – 12KBW Personal Injury Law Blog

‘Lukes v Kent & Medway NHS Trust and Kent Police [2024] EWHC 753 (KB) is an instructive illustration of whether strike-out applications can succeed on factual grounds against either healthcare or police defendants in the context of claims for provision of negligent mental health assessment/treatment.’

Full Story

12KBW Personal Injury Law Blog, 28th May 2024

Source: pilawblog.com

Ordinary reference and reference innuendo – Law Society’s Gazette

Posted May 15th, 2024 in coronavirus, defamation, news, parliament, striking out by sally

‘Judgment has been handed down in the strike-out application brought by Matt Hancock MP in respect of a defamation claim brought against him by Andrew Bridgen MP.’

Full Story

Law Society's Gazette, 14th May 2024

Source: www.lawgazette.co.uk

Solicitors owed a duty to beneficiaries of an inter vivos trust: Lonsdale and ors v Wedlake Bell and ors [2024] EWHC 712 (KB) – Hailsham Chambers

Posted April 30th, 2024 in chambers articles, law firms, locus standi, negligence, news, striking out, trusts by sally

‘A firm of solicitors was instructed to act in relation to a trust of property, but negligently failed to give effect to the settlor’s intentions with the result that the trust failed to confer the intended benefit on the settlor’s children. Faced with a claim brought by the settlor, the trustees and the intended beneficiaries, the defendants1 sought to argue that all the claims should be struck out, on the basis that nobody other than the settlor had standing to sue, and his claim was statute barred. Martin Spencer J permitted all the claims to proceed. Most strikingly, he held that in his judgment, the solicitors owed the intended beneficiaries a direct duty of care. Accordingly, the judgment amounts to an open invitation to the court, at any subsequent trial of this or a similar claim, to dispense with the complexity that bedevils this area of the law and adopt a relatively straightforward route to a remedy for disappointed beneficiaries of irrevocable inter vivos trusts.’

Full Story

Hailsham Chambers, 16th April 2024

Source: www.hailshamchambers.com

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

‘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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

Law Society's Gazette, 30th January 2024

Source: www.lawgazette.co.uk

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

‘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.’

Full Story

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.’

Full Story

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.’

Full Story

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”.’

Full Story

Law Society's Gazette, 21st June 2023

Source: www.lawgazette.co.uk

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

‘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.’

Full Story

Law Society's Gazette, 22nd May 2023

Source: www.lawgazette.co.uk

Wasted Costs in the Commercial Court – Hailsham Chambers

‘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.’

Full Story

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

‘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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

OUT-LAW.com, 7th November 2022

Source: www.pinsentmasons.com

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

‘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.’

Full Story

Local Government Lawyer, 16th September 2022

Source: www.localgovernmentlawyer.co.uk