Category: striking out

Setting Aside Notices of Discontinuance and QOCS – Kite v The Phoenix Pub Group – Zenith PI Blog

Posted July 30th, 2015 in adjournment, news, setting aside, striking out by sally

‘The Claimant brought a claim in damages for injuries sustained in November 2014 when he fell into an uncovered man hole in the car park of a pub. Whilst the Defendant company operates a number of pubs it alleged that at the time of the accident the pub was owned, operated and occupied by a different company. The Defendant was asserting that it was not the correct company to pursue.’

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Zenith PI Blog, 27th July 2015

Source: www.zenithpi.wordpress.com

Setting Aside Notices of Discontinuance and QOCS: Kite v The Phoenix Pub Group – Zenith Chambers

Posted July 28th, 2015 in adjournment, costs, news, setting aside, striking out by sally

‘The Claimant brought a claim in damages for injuries sustained in November 2014 when he fell into an uncovered man hole in the car park of a pub. Whilst the Defendant company operates anumber of pubs it alleged that at the time of the accident the pub was owned, operated and occupiedby a different company. The Defendant was asserting that it was not the correct company to pursue.’

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Zenith Chambers, 27th July 2015

Source: www.zenithchambers.co.uk

Richards: Mitchell led to decisions that were “manifestly unjust and disproportionate” – Litigation Futures

Posted July 27th, 2015 in appeals, arbitration, news, stay of proceedings, striking out by sally

‘The Court of Appeal ruling in Mitchell led to decisions that were “manifestly unjust and disproportionate”, the deputy head of civil justice has said.’

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Litigation Futures, 27th July 2015

Source: www.litigationfutures.com

Application for strike out inappropriate where single failure to comply and order contained no sanction for non-compliance – Zenith PI

Posted July 17th, 2015 in disclosure, news, striking out, time limits by tracey

‘ARDILA INVESTMENTS NV V ENRC NV (2015) QBD (Comm)(Leggatt J)

On 8th July 2015 Leggatt J ordered that it had not been appropriate to strike out a claim due to a claimant’s single failure to comply with a directions order for disclosure, where the order contained no sanction for non-compliance. The claimant’s failure had been serious, therefore an unless order was made giving further time for compliance, in default of which the claim would be struck out.’

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Zenith PI, 17th July 2015

Source: www.zenithpi.wordpress.com

Judge was wrong to accuse solicitors of exaggerating bill, Court of Appeal rules – Litigation Futures

Posted July 10th, 2015 in appeals, cross-examination, fees, fraud, news, proportionality, solicitors, striking out, witnesses by tracey

‘The High Court was wrong to strike out a claim over unpaid fees brought by a firm of solicitors on the basis of alleged exaggeration and inaccurate sums, without hearing any witnesses, the Court of Appeal has ruled.’

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Litigation Futures, 9th July 2015

Source: www.litigationfutures.com

Government should address core Libya rendition allegations, judge rules – The Guardian

Posted July 2nd, 2015 in abuse of process, appeals, closed material, control orders, detention, documents, immigration, intelligence services, kidnapping, Libya, news, public interest, rendition, striking out, torture by sally

‘The government should address the core allegations of 12 claimants who say they were kidnapped, tortured, subject to control orders or tricked into travelling to Libya where they were detained or mistreated, a high court judge has said.’

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The Guardian, 1st July 2015

Source: www.guardian.co.uk

Litigants in person, mental health, and relief from sanctions – Zenith PI Blog

Posted June 30th, 2015 in appeals, delay, disabled persons, evidence, litigants in person, medical records, mental health, news, striking out, time limits by sally

‘An application for an extension of time to serve medical evidence by a litigant in person with a mental health disability was refused where there had been a number of breaches and considerable delay, effectivly bringing proceedings to a halt. Appeal to Court of Appeal dismissed.’

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Zenith PI Blog, 26th June 2015

Source: www.zenithpi.wordpress.com

Courts given stronger powers to strike out ‘fundamentally dishonest’ claims, says expert – OUT-LAW.com

Posted June 18th, 2015 in fraud, insurance, news, personal injuries, striking out by sally

‘Courts in England and Wales now have the power to strike out personal injury claims in their entirety if the person making the claim has been fundamentally dishonest, even if parts of the claim were genuine.’
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OUT-LAW.com, 17th June 2015

Source: www.out-law.com

Relief from sanctions- Be sensible or be prepared to pay – Zenith PI Blog

Posted June 9th, 2015 in delay, news, sanctions, service, striking out by tracey

‘Viridor Waste Management Ltd v Veolia ES Ltd [2015] (unreported)
The Claimant was awarded costs on the indemnity basis when the Defendant had taken unreasonable advantage of the Claimant’s late service of its particulars of claim in the hope of obtaining a windfall strike-out when it was obvious that relief from sanctions was appropriate.’

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Zenith PI Blog, 8th June 0215

Source: www.zenithpi.wordpress.com

Financial remedy and Wyatt v Vince – Law Society’s Gazette

Posted June 2nd, 2015 in civil procedure rules, delay, family courts, financial provision, news, striking out by sally

‘Despite the highly unusual facts of Wyatt v Vince [2015] UKSC 14, the Supreme Court’s decision on 11 March to allow Ms Wyatt to proceed with her financial remedy application has attracted a great deal of comment. The Supreme Court unanimously allowed the wife’s appeal. Lord Wilson gave the leading judgment.’

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Law Society’s Gazette, 1st June 2015

Source: www.lawgazette.co.uk

Wasted costs ordered against solicitor and counsel and case struck out – Free Movement

Posted May 15th, 2015 in barristers, costs, judicial review, law firms, news, striking out, tribunals, wasted costs orders by tracey

‘In the case of R (on the application of SN) v Secretary of State for the Home Department (striking out – principles) IJR [2015] UKUT 227(IAC) the President of the Upper Tribunal Immigration and Asylum Chamber not only strikes out the applicant’s judicial review claim but also goes on to make a wasted costs order against both the solicitors and counsel involved in the case.’

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Free Movement, 14th May 2015

Source: www.freemovement.org.uk

Appeal court upholds strike-out of litigant-in-person’s claim over non-compliance – Litigation Futures

Posted May 15th, 2015 in expert witnesses, litigants in person, news, personal injuries, psychiatric damage, striking out by tracey

‘A litigant-in-person has lost his claim for psychiatric injury against the Stobart Group and associated companies over his failure to serve a medical report.’

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Litigation Futures, 15th May 2015

Source: www.litigationfutures.com

“Fundamental dishonesty” and striking out in personal injury cases: ten key procedural points – Zenith PI

Posted May 12th, 2015 in news, personal injuries, striking out by tracey

‘The rule as to “fundamental” dishonesty has attracted a lot of attraction (and a lot of heated debate). However there has been very little examination of the details of the Act and the consequent procedural consequences. There are 10 key points which every personal injury litigator must be aware of.’

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Zenith PI, 9th May 2015

Source: www.zenithpi.wordpress.com

Setting up special purpose vehicle to pursue debts “not champertous”, High Court rules – Litigation Futures

Posted May 7th, 2015 in champerty, debts, news, striking out by sally

‘Setting up a company as a special purpose vehicle to pursue an individual and his family for debts, including through the courts, does not amount to champerty, the High Court has ruled.’

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Litigation Futures, 7th May 2015

Source: www.litigationfutures.com

Legal professional privilege was waived, High Court rules in probate dispute – Litigation Futures

Posted April 17th, 2015 in legal profession, negligence, news, privilege, striking out by sally

‘The High Court has rejected an application to strike out part of a negligence claim on the grounds that they referred to matters protected by legal professional privilege.’

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Litigation Futures, 16th April 2015

Source: www.litigationfutures.com

No duty of care in allocation decisions – Nearly Legal

Posted April 7th, 2015 in duty of care, health, housing, news, striking out by sally

‘Can a council’s failure to carry out its responsibilities under its allocation scheme be the subject of a claim in breach of duty of care? This was the hearing of the Defendant’s application to strike out a claim on exactly that issue.’

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Nearly Legal, 4th April 2015

Source: www.nearlylegal.co.uk

Pleadings and putting to proof – an update – Park Square Barristers

Posted April 2nd, 2015 in appeals, fraud, insurance, news, road traffic, striking out by sally

‘An appeal case from the High Court has clarified the position post-Hussain v Amin Charters in respect of road traffic insurers putting claimants to proof due to concerns about fraud.’

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Park Square Barristers, 31st March 2015

Source: www.parksquarebarristers.co.uk

No entitlement to human rights damages after ‘caste discrimination’ case collapse – UK Human Rights Blog

Posted February 25th, 2015 in appeals, costs, damages, employment tribunals, human rights, immunity, judges, news, race discrimination, recusal, religious discrimination, striking out, wasted costs orders by sally

‘The High Court has ruled that when long-running employment tribunal hearing collapsed as the result of the judge’s recusal due to apparent bias the claimants in the action could not obtain damages for wasted costs under section 6 of the Human Rights Act (HRA) 1998 (specifically Article 6, the right to a fair trial) or the EU Charter.’

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UK Human Rights Blog, 25th February 2015

Source: www.ukhumanrightsblog.com

Mitchell and Denton have “direct bearing” on strike-outs for non-compliance – Litigation Futures

Posted December 16th, 2014 in civil procedure rules, news, sanctions, striking out by tracey

‘The Mitchell principles, restated in Denton, have a “direct bearing” on whether courts should impose strike-outs for non-compliance, the Court of Appeal has ruled.’

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Litigation Futures, 16th December 2014

Source: www.litigationfutures.com

The consequences of non payment of Court fees and the failure to file trial bundles – A recent case considered – Zenith PI Blog

Posted November 24th, 2014 in case management, delay, fees, news, solicitors, striking out by sally

‘Despite solicitors for three claimants failing to pay the relevant court fees, failing to file a pre-trial checklist, and failing to prepare a trial bundle (which caused the trial window to be lost) it was nonetheless inappropriate to strike out the claim- the case was all but ready for trial and the claim was not insubstantial.’

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Zenith PI Blog, 21st November 2014

Source: www.zenithpi.wordpress.com