High Court rejects MRO’s bid for summary judgment over £1.6m “owed” by law firm – Litigation Futures

Posted July 31st, 2018 in contracts, fees, law firms, news, summary judgments by sally

‘The High Court has rejected an application for summary judgment by a medical reporting agency seeking to reclaim almost £1.6m in fees from a law firm.’

Full Story

Litigation Futures. 30th July 2018

Source: www.litigationfutures.com

Litigant in person’s “tittle tattle” claim needs a proper hearing, says judge – Litigation Futures

Posted April 5th, 2018 in appeals, litigants in person, news, probate, striking out, summary judgments by sally

‘A litigant in person’s contentious probate claim, part of which was dismissed by a High Court master as “no more than tittle tattle”, needs a proper hearing, a judge has decided.’

Full Story

Litigation Futures, 5th April 2018

Source: www.litigationfutures.com

Pre-action admission of contractual liability (Susan Elisabeth Wood v Days Healthcare UK Ltd) – Hardwicke Chambers

Posted August 22nd, 2017 in appeals, contracts, news, striking out, summary judgments by sally

‘Dispute Resolution analysis: Colm Nugent, barrister at Hardwicke Chambers, explains why the appeal court will not readily countenance a complete change of case on an appeal when the claim or defence as advanced has been struck out, or summary judgment given.’

Full Story

Hardwicke Chambers, 15th August 2017

Source: www.hardwicke.co.uk

Summary Judgment – You Can’t Just Hope for the Best; Dodd v Raebarn Estates Ltd and Others [2017] EWCA CIV 439 – Zenith PI Blog

Posted July 11th, 2017 in appeals, news, personal injuries, summary judgments by sally

‘In Dodd v Raebarn Estates Ltd and others [2017] EWCA Civ 439 the Court of Appeal gave brief but useful guidance on the correct approach to summary judgment applications.’

Full Story

Zenith PI Blog, 10th July 2017

Source: zenithpi.wordpress.com

The more things change, the more they stay the same – Hardwicke Chambers

‘Every time we think the courts might have given defendants in adjudication enforcement proceedings slightly more latitude in raising their dissatisfaction with an adjudicator’s decision, the court brings us back down to earth with a bump and reminds us that, in fact, no matter how hard done by our clients feel, they will have to “pay now and argue later”, save in the rarest of cases.’

Full story

Hardwicke Chambers, 27th March 2017

Source: www.hardwicke.co.uk

English court dismisses ‘international law’ issues in Ukrainian Eurobond case – OUT-LAW.com

‘Questions of international law raised by Ukraine in a dispute with Russia involving overdue Eurobond repayments cannot be dealt with by the English courts, the High Court has ruled.’

Full story

OUT-LAW.com, 4th April 2017

Source: www.out-law.com

Appeal court sends £4m solicitors’ negligence claim to trial – Legal Futures

Posted March 8th, 2017 in appeals, intellectual property, law firms, negligence, news, summary judgments by tracey

‘The Court of Appeal has overturned a ruling that gave a national law firm summary judgment in a case alleging that its negligence had caused a company to lose a £4m intellectual property licensing deal with a global engineering giant.’

Full story

Legal Futures, 8th March 2017

Source: www.legalfutures.co.uk

Aster Communities Ltd (formerly Flourish Homes Ltd) v Akerman-Livingstone (Equality and Human Rights Commission intervening) – WLR Daily

Aster Communities Ltd (formerly Flourish Homes Ltd) v Akerman-Livingstone (Equality and Human Rights Commission intervening); [2015] UKSC 15; [2015] WLR (D) 121

‘The approach to be taken to a defence to a claim for possession of residential premises which alleged unlawful discrimination against a disabled person, contrary to the Equality Act 2010, was different from that which applied to a defence which alleged a breach of an individual’s rights under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. In particular, summary judgment would not normally be an appropriate procedure for dealing with a possession claim where a disability discrimination defence was raised.’

WLR Daily, 11th March 2015

Source: www.iclr.co.uk

Appeal court shows its bottle – summary judgment on patent infringement – Technology Law Update

Posted October 20th, 2014 in appeals, expert witnesses, news, patents, summary judgments by sally

‘It is unusual for a patent infringement case to be decided without a full trial. A judge will normally want to hear evidence from experts to understand what people working in the relevant field would have known at the time when the patent was first filed. Recent examples of this kind of analysis can be found in Virgin v Rovi (discussed here) and Teva v AstraZeneca.’

Full story

Technology Law Update, 20th October 2014

Source: www.technology-law-blog.co.uk

Discharge of Guarantees – The Doctrine of “Purview of the Guarantee” – Is There a “Get Out of Jail Free Card” For Guarantors? – Littleton Chambers

Posted July 10th, 2013 in construction industry, contracts, guarantees, news, summary judgments by sally

“Well–drawn guarantees contain comprehensive ‘anti-discharge’ provisions, designed to prevent a guarantor being discharged from liability by any post-guarantee amendments to the principal transaction or extensions of time to pay or other indulgence given to the principal debtor without the guarantor’s knowledge or consent. This right to be discharged is generally known as the rule in Holme v Brunskill (1878) 3 QBD 495) after the leading case that set out the mature principle. Banks and others have continuously refined these ‘anti-discharge’ provisions to try to make sure that the rule in Holme v Brunskill is stripped of its effect.”

Full story

Littleton Chambers, 9th July 2013

Source: www.littletonchambers.com

Court of Appeal issues strong warning of costs sanctions for lengthy skeleton arguments – Litigation Futures

“The Court of Appeal has hit out at lengthy and complex skeleton arguments, describing them as the ‘bane’ of commercial litigation and warning that failing to comply with the practice directions on them will result in costs sanctions.”

Full story

Litigation Futures, 8th May 2013

Source: www.litigationfutures.com

JD Wetherspoon plc v Harris and others – WLR Daily

Posted May 3rd, 2013 in admissibility, evidence, law reports, summary judgments, witnesses by tracey

JD Wetherspoon plc v Harris and others: [2013] EWHC 1088 (Ch);   [2013] WLR (D)  159

“It was not appropriate to apply for summary judgment after the exchange of witness statements in proceedings alleging fraud and dishonesty where the applications were based on a particular interpretation of facts and on the inferences to be drawn from established facts. Paragraphs in a witness statement containing a recitation of facts based on documents, commentary on those documents, argument, submissions and expressions of opinion, made by a witness who had had no prior involvement with the subject matter of the proceedings were abusive and should be struck out.”

WLR Daily, 1st May 2013

Source: www.iclr.co.uk

Magistrates to sit in community centres in plan to speed up justice – Daily Telegraph

Posted May 8th, 2012 in courts, guilty pleas, magistrates, news, summary judgments by sally

“Ministers are to announce plans to allow magistrates to sit on their own in community centres or police stations in a bid to speed up justice.”

Full story

Daily Telegraph, 8th May 2012

Source: www.telegraph.co.uk

Minister signals summary justice role for magistrates – Daily Telegraph

Posted December 8th, 2011 in criminal procedure, fines, magistrates, news, penalties, police, summary judgments by tracey

“Magistrates will be able to hand out summary justice in police stations under a radical overhaul of out-of-court penalties being considered by the Government.”

Full story

Daily Telegraph, 7th December 2011

Source: www.telegraph.co.uk

Government ‘not liable for torture’ – The Independent

Posted April 7th, 2011 in colonies, Kenya, news, summary judgments, torture by sally

“The Government cannot be held legally liable for British colonial atrocities committed during the Mau Mau Uprising, the High Court heard today.”

Full story

The Independent, 7th April 2011

Source: www.independent.co.uk

Virgin Atlantic Airways Ltd v Delta Air Lines Inc – WLR Daily

Posted February 28th, 2011 in airlines, appeals, law reports, patents, summary judgments by sally

Virgin Atlantic Airways Ltd v Delta Air Lines Inc [2011] EWCA Civ 162; [2011] WLR (D) 60

“Notwithstanding the difficulties which could arise in cases where the technology was complex, it should not be assumed that summary judgment was not for patent disputes; the general rules as to summary judgment applied equally to patent cases as to other types of case and where the technology was relatively simple to understand, and the court was able, on summary application, to form a confident view about the claim and its construction, in particular about the understanding of the man skilled in the art, there was no good reason why summary procedure could not be invoked.”

WLR Daily, 25th February 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Somerfield Stores Ltd v Spring (Sutton Coldfield) Ltd (in administration) – WLR Daily

Posted August 20th, 2010 in landlord & tenant, law reports, summary judgments by sally

Somerfield Stores Ltd v Spring (Sutton Coldfield) Ltd (in administration) [2010] EWHC 2094 (Ch); [2010] WLR (D) 231

“Where a landlord opposed the renewal of a tenancy under section 30(1)(f) of the Landlord and Tenant Act 1954 on the ground that he intended to redevelop the land the date of the hearing at which the necessary intention had to be shown to exist was always the date of the substantive trial of the landlord’s ground of objection.”

WLR Daily, 19th August 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Khatri v Cooperatieve Centrale Raiffeisen-Boerenleenbank BA – WLR Daily

Posted April 26th, 2010 in appeals, contracts, law reports, summary judgments by sally

Khatri v Cooperatieve Centrale Raiffeisen-Boerenleenbank BA [2010] EWCA Civ 397; [2010] WLR (D) 100

“Where an application for summary judgment turned on the terms of a written contract, it did not follow that the factual matrix of the contractual relationship could only be determined by a full trial with discovery, evidence and cross-examination of witnesses. If there was no conflict of evidence on a relevant point of background matrix, it was only when there really were reasonable grounds for supposing that a fuller investigation of the facts as to the background might make a difference to construction that the court should decline to construe the contract on a summary judgment (including a strike out) application.”

WLR Daily, 23rd April 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Jackson report: litigation processes and their impact on costs – Law Society’s Gazette

Posted April 26th, 2010 in civil justice, costs, courts, news, summary judgments by sally

“Much has already been said about Lord Justice Jackson’s proposals for success fees, after-the-event insurance, costs shifting and the like, but much less, if anything, about litigation processes, and their impact on costs. Yet it is surely unarguable that a streamlining or simplification of the litigation process would result in a reduction in costs.”

Full story

Law Society’s Gazette, 26th April 2010

Source: www.lawgazette.co.uk

Wandsworth London Borough Council v Whibley – Times Law Reports

Posted November 25th, 2008 in landlord & tenant, law reports, repossession, summary judgments by sally

Wandsworth London Borough Council v Whibley

Court of Appeal

“While it was possible to have a summary disposal of applications to fix a date in a landlord’s possession action, an unsupported assertion that the tenant had to answer did not suffice to procure a hearing, and nor would a bare denial amount to an answer.”

The Times, 25th November 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.