‘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.’
Becket Chambers, 4th July 2023
Source: becket-chambers.co.uk
‘A High Court judge has thrown out allegations of collusion and negligence against a law firm after agreeing that the case was “going nowhere”.’
Law Society's Gazette, 21st June 2023
Source: www.lawgazette.co.uk
‘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.’
Law Society's Gazette, 22nd May 2023
Source: www.lawgazette.co.uk
‘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.’
Pump Court Chambers, 29th March 2023
Source: www.pumpcourtchambers.com
‘Employment judge found woman acted dishonestly by destroying a phone which contained a covert recording of conversation with Lord Ranger.’
Daily Telegraph, 15th February 2023
Source: www.telegraph.co.uk
‘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.’
Law Society’s Gazette, 18th January 2023
Source: www.lawgazette.co.uk
‘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.’
OUT-LAW.com, 7th November 2022
Source: www.pinsentmasons.com
‘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.’
Local Government Lawyer, 16th September 2022
Source: www.localgovernmentlawyer.co.uk
‘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.’
Law Society's Gazette, 1st September 2022
Source: www.lawgazette.co.uk
‘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.’
Legal Futures, 29th July 2022
Source: www.legalfutures.co.uk
‘The UK Supreme Court has ruled that diplomats cannot hide behind immunity to exploit workers, in a victory for campaigners against modern slavery.’
BBC News, 7th July 2022
Source: www.bbc.co.uk
‘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.’
UKSC Blog, 6th July 2022
Source: ukscblog.com
‘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.’
3PB, 3rd May 2022
Source: www.3pb.co.uk
‘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”.’
The Independent, 28th April 2022
Source: www.independent.co.uk
‘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.’
Legal Futures, 20th April 2022
Source: www.legalfutures.co.uk
‘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.’
Legal Futures, 5th April 2022
Source: www.legalfutures.co.uk
‘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.’
St John's Chambers, 1st February 2022
Source: www.stjohnschambers.co.uk
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