When winning isn’t enough: Court of Appeal order successful party to pay 75% of other side’s costs – Litigation Futures

Posted April 20th, 2017 in abuse of process, appeals, costs, news, striking out by sally

‘A High Court judge was entitled to penalise a firm of Russian stockbrokers for conduct that “fell below acceptable standards of conducting litigation” by ordering it to pay 75% of the other side’s costs, even though it had successfully resisted a bid to strike out its claim, the Court of Appeal has ruled.’

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Litigation Futures, 20th April 2017

Source: www.litigationfutures.com

Relief from Sanctions: Simon Patterson (The Trustee in Bankruptcy of George Spencer) v George Spencer and Others [2017] EWCA Civ 140 – Zenith PI Blog

Posted March 24th, 2017 in appeals, bankruptcy, judgments, news, sanctions, striking out, time limits by sally

‘The Appellant (the sixth Defendant in proceedings regarding the bankruptcy of her father) sought relief from sanctions after her application for permission to appeal was struck out for failure to provide a transcript of the judgment.’

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Zenith PI Blog, 21st March 2017

Source: www.zenithpi.wordpress.com

Prolific LiP’s case partly struck out to give her a helping hand – Law Society’s Gazette

Posted March 8th, 2017 in judges, legal representation, litigants in person, news, striking out by tracey

‘A High Court judge has thrown out elements of a case brought by a litigant in person, telling her the ruling would help to remedy a lack of legal representation.’

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Law Society’s Gazette, 7th March 2017

Source: www.lawgazette.co.uk

BBC reporter Sally Chidzoy’s tribunal struck out for ‘unreasonable conduct’ – BBC News

‘A veteran BBC TV reporter who claimed she was the victim of a “witch-hunt” had her employment tribunal case struck out for unreasonable conduct.’

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BBC News, 2nd March 2017

Source: www.bbc.co.uk

High Court refuses to strike-out claim against Saudi prince over unpaid interim costs order – Litigation Futures

Posted March 2nd, 2017 in agreements, costs, news, sale of land, Saudi Arabia, striking out by sally

‘A High Court judge has refused to strike-out a claim by a woman who failed to comply with a Court of Appeal order to pay £250,000 in interim costs, on the grounds that it would breach her rights to a fair trial.’

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Litigation Futures, 2nd March 2017

Source: www.litigationfutures.com

BBC reporter Sally Chidzoy’s employment tribunal case struck out – BBC News

‘A BBC TV reporter who claimed she was the victim of a “witch-hunt” has had her case struck out by an employment tribunal.’

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BBC News, 13th February 2017

Source: www.bbc.co.uk

Automatic strike-out for cases where trial fee unpaid – Law Society’s Gazette

Posted February 10th, 2017 in fees, news, striking out by tracey

‘The Ministry of Justice has set out plans to strike out claims automatically where the case fee has not been paid.’

Law Society’s Gazette, 9th February 2017

Source: www.lawgazette.co.uk

The Duty the Police Owe to the Police – Zenith PI Blog

Posted December 6th, 2016 in appeals, duty of care, legal representation, London, news, police, striking out by sally

‘The case concerns an appeal against the Order of Mr Justice Jay in which he struck out claims brought by a number of serving officers of the Metropolitan Police against their Commissioner.’

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Zenith PI Blog, 5th December 2016

Source: www.zenithpi.wordpress.com

Judge allows Oxford graduate’s £1m high court battle to proceed – The Guardian

Posted December 6th, 2016 in education, news, striking out, time limits, universities by sally

‘A graduate has won a round in his £1m legal battle over his failure to get a first from Oxford University.’

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The Guardian, 5th December 2016

Source: www.guardian.co.uk

Not so great at defence – MoD loses case after disclosure failure – Litigation Futures

Posted November 28th, 2016 in armed forces, disclosure, news, personal injuries, striking out by tracey

‘The Ministry of Defence (MoD) has had its defence to a multi-million pound personal injury claim struck out by the High Court for failing to comply with an unless order over its disclosure obligations.’

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Litigation Futures,25th November 2016

Source: www.litigationfutures.com

Failure to pay correct Court fee leads to strike-out – Park Square Barristers

Posted November 9th, 2016 in courts, fees, news, proportionality, striking out by sally

‘Mr C claimed that he was injured as a result of a fall in a pub in November 2012. Proceedings were issued by Mr C four days before limitation expired in November 2015. The Statement of Value on the Claim Form limited the claim to £10,000 and the relevant court fee of £455 was paid.’

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Park Square Barristers, 17th October 2016

Source: www.parksquarebarristers.co.uk

QOCS: The Strike Out and Fundamental Dishonesty Exceptions in Action – Hardwicke Chambers

Posted August 25th, 2016 in civil procedure rules, costs, evidence, interpreters, news, striking out by sally

‘There are still relatively few findings of fundamental dishonesty being made by Courts. Despite the fact that this is obviously an important exception to the QOCS regime, the fundamental dishonesty threshold is proving a difficult hurdle for Defendants to meet. This article explores a recent finding of fundamental dishonesty and the lessons that can be learned by Claimants and Defendants in such cases.’

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Hardwicke Chamebrs, 17th August 2016

Source: www.hardwicke.co.uk

Landlords behaving badly – Nearly Legal

‘While the Magistrates Courts continue to hand out paltry fines to landlords on conviction for illegal eviction, despite the removal of the upper £5000 limit, it is good to see that the civil courts are capable of taking a more reasonable approach to quantum.’

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Nearly Legal, 13th August 2016

Source: www.nearlylegal.co.uk

What lies do to claims – the Supreme Court – UK Human Rights Blog

‘Twin doses of dishonesty in the Supreme Court, last month. Both raised dilemmas for the SC trying to steer a principled way (in different circumstances) towards determining the cost of lying.’

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UK Human Rights Blog, 6th August 2016

Source: www.ukhumanrightsblog.com

Judge orders SDT to try again after botched strike-out – Law Society’s Gazette

‘The High Court has ordered the Solicitors Disciplinary Tribunal to rehear a prosecution against two solicitors suspected of dishonesty.’

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Law Society’s Gazette, 29th July 2016

Source: www.lawgazette.co.uk

To recuse or not? – Ghadami v Bloomfield and others [2016] EWHC 1448(ch) – Zenith PI

‘Norris J has recently had to deal with an interesting case where he faced an application that he should recuse himself from a case. It also highlighted the negative impact a litigant in person can have on a case and administration of the Courts.’

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Zenith PI, 29th June 2016

Source: www.zenithpi.wordpress.com

Over the Border – Zenith PI Blog

‘In the recent cases of Cook v Virgin Media Ltd and McNeil v Tesco Plc [2016] 1WLR 1672, the Court of Appeal had to consider two cases raising a virtually identical issue. Each case related to a Scottish claimant claiming for personal injuries sustained in Scotland against Defendants who had registered offices in England and Wales. Mr Cook claimed that he suffered personal injury in a tripping accident in East Kilbride as a result of the negligence of Virgin Media. Virgin Media admitted liability. The claim was brought through the Northampton Money Claims Centre. In their defence Virgin Media said that the claim would be more appropriately dealt with in Scotland. In the second case Mr McNeil had suffered injuries in a Tesco store in Glasgow. He too claimed putting a claim through the Northampton Money Claims Centre. Tesco denied liability and said that the claim should have been brought in Scotland. Both these cases were shunted to Carlisle County Court. (It is perhaps a pity that the old Berwick-upon-Tweed County Court has long closed its doors, since it might have been an ideal venue.)’

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Zenith PI Blog, 17th May 2016

Source: www.zenithpi.wordpress.com

When an unsafe structure does not trigger the landlord’s duty to repair – Hardwicke Chambers

‘The reach of the Defective Premises Act and what ‘defective’ means within the context of the Act, was the subject of detailed consideration in the QBD recently, in Dodd v Raebarn Estates [2016].’

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Hardwicke Chambers, 8th March 2016

Source: www.hardwicke.co.uk

Shergill and others v Khaira and others (No 2) – WLR Daily

Posted April 13th, 2016 in appeals, civil procedure rules, costs, law reports, striking out, Supreme Court by sally

Shergill and others v Khaira and others (No 2) [2016] EWHC 628 (Ch)

‘The judge dismissed the defendants’ application to strike out the claimants’ claim, a decision which was later reversed by the Court of Appeal. The Supreme Court allowed the claimants’ appeal from that decision and ordered that the defendants pay the claimants’ costs in the Supreme Court and the Court of Appeal. The costs judge subsequently refused the defendants’ application to stay the immediate detailed assessment of those costs. The defendants appealed from that decision on the ground that, by CPR r 47.1, the costs of proceedings could not be subject to detailed assessment until the proceedings were concluded, unless the appellate court had expressly ordered the costs to be assessed immediately, which it had not.’

WLR Daily, 23rd March 2016

Source: www.iclr.co.uk

Estrada v Al-Juffali (Secretary of State for Foreign and Commonwealth Affairs intervening) – WLR Daily

Estrada v Al-Juffali (Secretary of State for Foreign and Commonwealth Affairs intervening) [2016] EWCA Civ 176

‘The parties were married in September 2001 and had one daughter born in October 2002. The husband, a Saudi national, was a businessman of substantial means who married again in 2012 when the parties’ marriage broke down. On their divorce the wife applied for financial relief under Part III of the Matrimonial and Family Proceedings Act 1984. The husband applied to strike out the wife’s application , claiming immunity from suit as the permanent representative of St Lucia to the International Maritime Organisation (“IMO”), a post to which he had been appointed on 1 April 2014. The United Kingdom was required, as a matter of international law, to grant privileges and immunities to personal representatives of member states to the IMO in accordance with the Specialised Agencies Convention and the Headquarters Agreement. A permanent representative was entitled to the same immunity from suit and legal process as the head of a diplomatic mission, except that, by article 15 of the International Maritime Organisation (Immunities and Privileges) Order 2002), a permanent representative who was permanently resident in the United Kingdom was only entitled to immunities and privileges in respect of his official acts. The Foreign Secretary certified that the Foreign Office had been informed by the IMO of the husband’s appointment as permanent representative of St Lucia, of his arrival date and had not been notified that his diplomatic functions had terminated. Although on the face of it that certificate was conclusive evidence of the husband’s appointment by virtue of section 8 of the International Organisations Act 1968, the judge balanced the husband’s claim to immunity against the wife’s rights to access to the courts under article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. He concluded that the husband had not undertaken any duties or performed any functions as permanent representative, that the appointment was an artificial construct to defeat the wife’s claims on the breakdown of the marriage and that, since the husband was permanently resident in the United Kingdom, he was entitled to immunity only in respect of official acts performed in the exercise of his functions. In consequence the judge refused to strike out the wife’s claim.’

WLR Daily, 22nd March 2016

Source: www.iclr.co.uk