Follower notices invalid, says Court of Appeal – OUT-LAW.com

‘The Court of Appeal in England has quashed follower notices issued to a participant in a film partnership on the basis that tax authority HM Revenue & Customs (HMRC) could not have been of the opinion that the judicial ruling they were based on was relevant to the taxpayer’s case.’

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OUT-LAW.com, 14th November 2019

Source: www.pinsentmasons.com

A novel and effective costs order – Law Society’s Gazette

Posted November 11th, 2019 in budgets, costs, damages, news, striking out by sally

‘In the recent case of Orexim Trading Ltd v Mahavir Port and Terminal Private Ltd (Costs) [2019] EWHC 2338 (Comm), Christopher Hancock QC (sitting as a judge of the High Court) made an order against the defendant for payment of costs on account in the event that the defendant failed to comply with an ‘unless order’. Orexim followed the approach of Mr Justice Coulson (as he then was) in Bruce MacInnes v Hans Thomas Gross [2017] EWHC 127 (QB).’

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Law Society's Gazette, 11th November 2019

Source: www.lawgazette.co.uk

Failure to attend trial “means more than turning up late” – Litigation Futures

Posted September 5th, 2019 in appeals, civil procedure rules, debts, delay, loans, news, striking out, trials by tracey

‘The High Court has set aside an order made by a recorder striking out a claim because the claimants were two hours late for a trial in Cornwall.’

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Litigation Futures, 5th September 2019

Source: www.litigationfutures.com

Judge upholds strike-out of £2.6m ‘RTA portal’ claim – Litigation Futures

Posted September 2nd, 2019 in abuse of process, news, personal injuries, road traffic, striking out by sally

‘A judge has upheld the striking out of a £2.6m personal injury claim which remained in the RTA portal for almost four years before the claimants admitted it should be transferred.’

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Litigation Futures, 2nd September 2019

Source: www.litigationfutures.com

SDT strikes out private prosecution against top London law firm chief – Law Society Gazette

‘A former client has failed to have the senior partner of a leading London law firm prosecuted over allegations of lying to the court.’

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Law Society Gazette, 14th August 2019

Source: www.lawgazette.co.uk

Court of Appeal rules on Equality Act breaches and homelessness appeals – Local Government Lawyer

‘The Court of Appeal has held that a homeless person cannot raise alleged breaches of the Equality Act 2010 in a homelessness appeal before a county court judge.’

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Local Government Lawyer, 8th August 2019

Source: www.localgovernmentlawyer.co.uk

Court strikes out “incomprehensible” claim against law firm – Legal Futures

‘The High Court has struck out a claim for professional negligence, breach of contract and fiduciary duty made against a central London law firm which was based on “incomprehensible pleadings”.’

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Legal Futures, 1st August 2019

Source: www.legalfutures.co.uk

Security for costs sanction for party that ignored CMC deadline – Litigation Futures

‘The High Court has ordered a party that missed the deadline to fix the date of a case management conference (CMC) by more than four years to pay security for costs as a sanction.’

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Litigation Futures, 21st June 2019

Source: www.litigationfutures.com

Supreme Court gives new guidance on liability of local authorities – UK Human Rights Blog

‘Poole Borough Council v GN and another [2019] UKSC 25. The Supreme Court has found that Poole Borough Council did not owe a duty of care to two children, CN and GN, who it failed to re-house, despite the fact that they were suffering abuse from their neighbours. However, the court overruled previous authority and found that in some situations a duty of care might arise.’

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UK Human Rights Blog, 7th June 2019

Source: ukhumanrightsblog.com

Tribunal rejects law firm’s bid to strike out disability claim – Legal Futures

‘An employment tribunal has said it would be “wholly inappropriate” to strike out a disability discrimination claim against a law firm from a legal secretary suffering from depression.’

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Legal Futures, 2nd May 2019

Source: www.legalfutures.co.uk

Judge disapplies QOCS after claimants’ failure to pay court fee – Litigation Futures

‘A failure to pay a trial fee can result in qualified one-way costs shifting (QOCS) being disapplied on strike-out, a judge has ruled.’

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Litigation Futures, 29th April 2019

Source: www.litigationfutures.com

“No general duty” for barristers to advise on litigation funding – Litigation Futures

Posted April 25th, 2019 in barristers, fees, negligence, news, solicitors, striking out by tracey

‘Barristers are under no duty to advise clients on litigation funding unless specifically instructed to, the High Court has held.’

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Litigation Futures, 25th April 2019

Source: www.litigationfutures.com

Solicitor’s discrimination claim to continue despite Twitter campaign – Legal Futures

‘US firm Paul Weiss Rifkind Wharton & Garrison has failed to strike out an employment tribunal claim brought by a former corporate lawyer in its London office, after a tribunal found her not responsible for a friend’s Twitter campaign against it.’

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Legal Futures, 11th April 2019

Source: www.legalfutures.co.uk

High Court strikes out City firm’s ‘warehoused’ claim – Litigation Futures

Posted March 28th, 2019 in abuse of process, delay, law firms, news, striking out by sally

‘The High Court has struck out a claim by City firm Bryan Cave Leighton Paisner (BLCP) for abuse of process on the grounds of ‘warehousing’.’

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Litigation Futures, 27th March 2019

Source: www.litigationfutures.com

Fundamental dishonesty “should lead to strike-out of whole claim” – Litigation Futures

‘A finding of fundamental dishonesty in a personal injury claim should mean an associated credit hire claim is also struck out, a circuit judge has ruled.’

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Litigation Futures, 19th March 2019

Source: www.litigationfutures.com

Part 36 offer not a “trump card” to thwart court orders – Litigation Futures

‘A part 36 offer is not “some form of trump card” which overrides previous court orders, a High Court judge has made clear.’

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Litigation Futures, 30th October 2018

Source: www.litigationfutures.com

When service charges become indisputable – Nearly Legal

Posted August 22nd, 2018 in default judgments, landlord & tenant, news, service charges, striking out by sally

‘Tenants/Leaseholders can seek a determination of the payability and reasonableness of service charges under s.27A Landlord and Tenant Act 1985. It has been something of a question about how far back a challenge can extend in terms of service charge years. While this Upper Tribunal decision is not a complete answer, it does address some of the ways in a which a service charge can become unchallengeable.’

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Nearly Legal, 19th August 2018

Source: nearlylegal.co.uk

‘It’s not fair on you to continue’ – judge kills off LiP’s epic claim – Law Society’s Gazette

Posted August 9th, 2018 in abuse of process, insolvency, litigants in person, news, striking out by tracey

‘A High Court judge has sought once and for all to close three-year proceedings brought by a litigant in person, saying it is not fair to use court time to indulge the matter any further.’

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Law Society's Gazette, 9th August 2018

Source: www.lawgazette.co.uk

Court finds abuse of process did not affect limitation period – Law Society’s Gazette

Posted July 10th, 2018 in abuse of process, limitations, news, striking out, time limits by sally

‘The High Court has decided not to strike out a claim where an incorrect fee was paid days before the limitation period ended.’

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Law Society's Gazette, 10th July 2018

Source: www.lawgazette.co.uk

Finance and Divorce Update, June 2018 – Family Law Week

‘Naomi Shelton, Associate, Mills & Reeve LLP considers the news and case law relating to financial remedies and divorce during May 2018.’

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Family Law Week, 14th June 2018

Source: www.familylawweek.co.uk