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

“Abusive” claim against lawyers in Jarndyce-style litigation struck out – Legal Futures

‘A High Court judge has struck out a £58m unlawful means conspiracy claim against a law firm, four solicitors and a QC, which she described as “structurally fatally flawed, abusive and lacking in pleadable substance”.’

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Legal Futures, 25th May 2021

Source: www.legalfutures.co.uk

County court order against Boris Johnson struck out – BBC News

‘Boris Johnson no longer has a county court judgement against him after his lawyers sought to strike out a claim for a £535 debt for alleged defamation.’

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BBC News, 13th May 2021

Source: www.bbc.co.uk

Summary Judgment and Striking Out Allegations of Civil Fraud – Foglia v Family Officer Ltd & Ors [2021] EWHC 650 (Comm) – Littleton Chambers

Posted April 15th, 2021 in fraud, news, striking out, summary judgments, unlawful means conspiracy by sally

‘Traditionally, claims against financial institutions involving allegations of fraud, LIBOR manipulation and unlawful means conspiracy have not been amenable to strike out or summary determination. However, the English courts are increasingly demonstrating a willingness to use the interim remedies of summary judgment and strike out involving allegations of fraud without the need for a full trial, in “appropriate” cases.’

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Littleton Chambers, 7th April 2021

Source: littletonchambers.com

Law Society victimisation claim struck out over volunteer status – Legal Futures

Posted March 25th, 2021 in news, solicitors, striking out, victimisation, volunteers by sally

‘A solicitor has had her claim for victimisation by the Law Society struck out by an employment tribunal on the basis that, as the chair of a committee, she was not an employee or office-holder.’

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Legal Futures, 25th March 2021

Source: www.legalfutures.co.uk

A final account problem – JSM Construction v Western Power – Practical Law: Construction Blog

‘The final account is normally a wrap-up of the contractor’s valid claims for extra payment. It’s particularly helpful if claims were not submitted or assessed as works progressed. So, what happens if the contract doesn’t have a final account procedure but there are claims outstanding once the works are finished? Can a final account procedure be implied under section 110(3) of the Construction Act 1996?’

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Practical Law: Construction Blog, 8th March 2021

Source: constructionblog.practicallaw.com

A Spate of Strike Outs: A Review of the Law on Res Judicata – Ropewalk Personal Injury Blog

‘During January 2021 the Court of Appeal handed down three judgments on appeals relating to strike out applications under CPR 3.4(2)(b): Allsop v Banner Jones Ltd [2021] EWCA Civ 7, PricewaterhouseCoopers LLP v BTI 2014 LLC [2021] EWCA Civ 9 and Tinkler v Ferguson [2021] EWCA Civ 18.’

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Ropewalk Personal Injury Blog, 25th February 2021

Source: www.ropewalk.co.uk

High Court strikes out bid by councils to rescind loans from Barclays following ‘LIBOR’ rigging affair – Local Government Lawyer

Posted February 24th, 2021 in banking, damages, fraud, loans, local government, misrepresentation, news, striking out by sally

‘A High Court judge has struck out claims brought by seven councils and the Greater Manchester Combined Authority for rescission of certain loans with Barclays which they said were affected by the LIBOR rigging affair of 2012.’

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Local Government Lawyer, 23rd February 2021

Source: www.localgovernmentlawyer.co.uk

Abuse of process? Res judicata and collateral attacks on prior decisions after Allsop v Banner Jones Ltd and another – Hardwicke Chambers

Posted February 18th, 2021 in abuse of process, chambers articles, negligence, news, res judicata, striking out by sally

‘In Allsop v Banner Jones Ltd and another, the Court of Appeal considered the application of Phosphate Sewage v Molleson to applications to strike out a claim on the basis of abuse of process. The decision is a detailed exploration of the scope of the doctrines of res judicata, collateral attacks of previous decision and abuse of process. As such it is valuable reading to litigators generally and particularly those in the field of professional negligence.’

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Hardwicke Chambers, 12th February 2021

Source: hardwicke.co.uk

Case Note: Município de Mariana & Ors v BHP Group plc, BHP Billiton plc and BHP Group Ltd – Blackstone Chambers

‘This note considers the judgment of Turner J in the Technology and Construction Court of 10 November 2020 in the case of Município de Mariana & Ors v BHP Group plc, BHP Billiton plc and BHP Group Ltd. In that judgment, Turner J struck out a claim by a very large group of claimants for compensation for damage caused by the 2015 collapse of the Fundão Dam in South Eastern Brazil, in which over 40 million cubic metres of tailings washed into the Doce River with massive human, environmental, and economic cost. This note presents the factual background of the case and sets out the most relevant features of the judgment for the practice of mass tort litigation in the multinational context.’

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Blackstone Chambers, 15th February 2021

Source: www.blackstonechambers.com

Secondary Victim Claims – Clinical Negligence and Proximity – No. 5 Chambers

‘On 5 February 2021, Master Cook handed down judgment in the case of Polmear and another v Royal Cornwall Hospitals NHS Trust [2021] EWHC 196 (QB), dismissing the Defendant’s application to strike out the claims and/or for summary judgment. He gave permission to appeal and made an order “leapfrogging” the appeal to the Court of Appeal, pursuant to CPR 53.23.’

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No. 5 Chambers, 8th February 2021

Source: www.no5.com

High Court declines to strike out ordinary claim based on the construction of TCPA 1990, s 106 agreement (Aspire Luxury Homes (Eversley) Ltd v Hart District Council) – No. 5 Chambers

Posted January 22nd, 2021 in abuse of process, appeals, chambers articles, housing, news, planning, striking out by sally

‘Planning analysis: The High Court held that it was not an abuse of process to bring an ordinary civil claim concerning the construction of an agreement under section 106 of the Town and Country Planning Act 1990 (TCPA 1990) (a section 106 agreement). The judge said that, while the validity of a section 106 agreement is highly likely to be a question of public law, suitable only for judicial review (except where it is raised as a defence to an ordinary claim by a local planning authority to enforce an agreement), the construction of TCPA 1990, s 106 agreement was not different in principle to the construction of any contract.’

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No. 5 Chambers, 22nd January 2021

Source: www.no5.com

Trying to shoot the messenger – Nearly Legal

Posted January 19th, 2021 in abuse of process, barristers, costs, negligence, news, nuisance, repairs, striking out by sally

‘The name of Moorjani may be familiar. We first encountered Mr Moorjani in a judgment transforming the case law on loss of amenity damages in disrepair claims in the Court of Appeal. However, despite the transformation of the law, and the successful appeal, it turns out that for Mr Moorjani that litigation, and indeed his subsequent claim, were actually quite disastrous. We now know this because Mr Moorjani brought a claim against his direct access barrister who acted for him at the county court trial of the original claim. This is the judgment on the defendant’s strike out application in that claim.’

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Nearly Legal, 17th January 2021

Source: nearlylegal.co.uk

LEI does not have to fund appeals during “unmeritorious claims” – Litigation Futures

‘Legal expenses insurance (LEI) does not have to fund interlocutory appeals that are likely to succeed as part of claims that overall are predicted to fail, the High Court has ruled.’

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Litigation Futures, 5th January 2021

Source: www.litigationfutures.com

Claimants in breast implant case buy cause of action to sue defendant’s lawyers – Litigation Futures

‘A leading defendant law firm and a QC have failed to strike out a professional negligence action brought after the claimants in a case they defended acquired their insolvent client’s cause of action.’

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Litigation Futures, 16th December 2020

Source: www.litigationfutures.com

High Court strikes out group action as an abuse of process: Municipo de Mariana v BHP Group PLC [2020] EWHC 2930 (TCC) – Henderson Chambers

‘The High Court has struck out claims brought by more than 200,000 Brazilian claimants in the English courts against British and Australian holding companies in relation to the collapse of the Fundao Dam in Brazil in 2015. In Municipo de Mariana v BHP Group PLC ([2020] EWHC 2930 (TCC)) Turner J found the claims to be an abuse of process and also considered that, in the alternative, the proceedings should be stayed under the Recast Brussels Regulation and on the basis of forum non conveniens. While Turner J emphasised that the factual background of this case was central to his conclusions, his judgment contains a detailed analysis of the relevant caselaw and his consideration of the facts surrounding the claim will no doubt be of interest to parties involved in similar cross-jurisdictional and group actions. Charles Gibson QC led the Counsel team for the Defendants.’

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Henderson Chambers, 19th November 2020

Source: www.hendersonchambers.co.uk

High Court refuses to strike out solicitor’s surveillance harassment claim – Legal Futures

‘The High Court has refused to strike out claims of harassment brought by a solicitor and his wife over surveillance of them carried out at the instruction of a former client.’

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Legal Futures, 30th November 2020

Source: www.legalfutures.co.uk

High Court strikes out “unmanageable” 200,000-strong group action – Litigation Futures

Posted November 10th, 2020 in abuse of process, choice of forum, class actions, news, pollution, striking out by sally

‘The High Court has struck out a claim brought on behalf of more than 200,000 claimants over a dam collapse in Brazil, saying it risked becoming “the largest white elephant in the history of group actions”.’

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Litigation Futures, 9th November 2020

Source: www.litigationfutures.com

Judge condemns late argument in “forensic arms race” of a case – Litigation Futures

‘A High Court judge has strongly attacked the claimants in what he described as a “forensic arms race” over a complex claim by 202,000 Brazilian people and businesses following the collapse of a dam in 2015.’

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Litigation Futures, 7th October 2020

Source: www.litigationfutures.com