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

‘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

‘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

‘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

‘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

‘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

Litigant in person can sue law centre and barrister for negligence – Legal Futures

‘A litigant in person is not statute-barred from suing a law centre and barrister for professional negligence, a High Court master has ruled.’

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Legal Futures, 5th July 2022

Source: www.legalfutures.co.uk

Law firm fails in summary judgment bid over negligence claim – Legal Futures

‘A law firm being sued for more than £2m over a failure to advise properly has failed in its bid for summary judgment over several of the allegations made against it.’

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Legal Futures, 13th June 2022

Source: www.legalfutures.co.uk

Case Management Order unintentionally struck out claim – 3PB

‘It is commonplace – as the President of the EAT observed in this appeal – for ETs, carrying out their case management functions at a private preliminary hearing, to seek to clarify the claims that are being pursued and to draw up a list of issues to be determined at the full merits hearing in order to decide those claims. In the present case, such a task came before an EJ sitting alone at a closed preliminary hearing – together with a great quantity of material including a document setting out the claimant’s grounds of complaint over some 64 pages.’

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3PB, 3rd May 2022

Source: www.3pb.co.uk

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