High Court dismisses £2.7m law firm negligence claim – Legal Futures

Posted September 7th, 2021 in law firms, negligence, news, summary judgments by sally

‘The High Court has granted summary judgment in favour of a law firm and its senior partner and dismissed a £2.7m negligence claim.’

Full Story

Legal Futures, 7th September 2021

Source: www.legalfutures.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.’

Full Story

Littleton Chambers, 7th April 2021

Source: littletonchambers.com

Developments following Ground Developments… or not – Practical Law: Construction Blog

‘Writing on this blog almost exactly four years ago, David Pliener noted a potentially interesting change in the TCC’s approach to enforcing adjudicators’ decisions. In the case of Ground Developments Ltd v FCC Construction, Fraser J signalled that, perhaps, a claimant applying for summary judgment to enforce an adjudicator’s decision might not need to meet the summary judgment test after all. Now that Ground Developments has had time to mature, it might be a good time to check in and see how things have gone since. Has Fraser J’s judgment heralded a brave new world?’

Full Story

Practical Law: Construction Blog, 15th December 2020

Source: constructionblog.practicallaw.com

High Court judge savages unnecessary witness statements – Litigation Futures

Posted July 2nd, 2020 in drafting, news, summary judgments, taxation, witnesses by tracey

‘A High Court judge has roundly criticised witness statements prepared for an application for summary judgment in a major piece of tax litigation, saying far too much time and money was spent on them.’

Full Story

Litigation Futures, 1st July 2020

Source: www.litigationfutures.com

Solicitor “should not have served claim by post” after lockdown – Litigation Futures

‘A solicitor who served proceedings on a council by post two days after lockdown had gone into effect showed “poor judgement”, a High Court judge has ruled.’

Full Story

Litigation Futures, 29th June 2020

Source: www.litigationfutures.com

Lionel Jeffrey Cozens-Smith v Bellway Homes Limited [2019] EWHC 3222 (Ch) – Tanfield Chambers

Posted June 2nd, 2020 in footpaths, news, planning, rights of way, striking out, summary judgments by sally

‘An application for the approval of reserved matters does not amount to a new application for planning permission.’

Full Story

Tanfield Chambers, 28th May 2020

Source: www.tanfieldchambers.co.uk

Judge rejects call by developer for summary judgment in dispute over s106 agreement and second planning permission – Local Government Lawyer

Posted March 10th, 2020 in contracts, interpretation, news, planning, summary judgments by tracey

‘A High Court judge has rejected a developer’s application for summary judgment of its claim for a declaration that residential development of land in Holt, Norfolk was not bound by obligations contained in a section 106 agreement.’

Full Story

Local Government Lawyer, 9th March 2020

Source: www.localgovernmentlawyer.co.uk

New points on appeal, after a summary possession order – Nearly Legal

Posted October 8th, 2019 in appeals, civil procedure rules, news, repossession, summary judgments by tracey

‘Notting Hill Finance Ltd v Sheikh (2019) EWCA Civ 1337. The court of appeal looks at circumstances in which new points can be raised on appeal, where a possession order has been made on a summary basis under CPR Part 55, concluding that there is no test that the case is “exceptional”.’

Full Story

Nearly Legal, 6th October 2019

Source: nearlylegal.co.uk

Homeowners beware – adjudication can catch you out – Practical Law: Construction Blog

‘For the litigators among you, it is also summer recess in the courts, which means there is often very little new to write about. Therefore, I was quite pleased to see Waksman J’s judgment in ICCT Ltd v Sylvein Pinto, which dates from earlier in the year but only recently became available. If you are unfamiliar with this judgment, it is certainly a case of “homeowners beware”.’

Full Story

Practical Law: Construction Blog, 14th August 2019

Source: constructionblog.practicallaw.com

Developer disputes: misrepresentation and summary judgment – Practical Law: Construction Blog

‘We will all be familiar with the questions asked and answered by solicitors in the lead up to the purchase of a house. For commercial property the same process is carried out but the stakes, at least financially, can be even higher. Pre-contract correspondence between solicitors can be a fertile ground for possible misrepresentation claims if a development does not go well. The recent case of Wilson & Sharp Investments Ltd v Falmouth Property Investments Ltd raises some interesting points of law concerning misrepresentation claims, particularly between developers, and also important issues of procedure for summary judgment applications.’

Full Story

Practical Law: Construction Blog, 19th June 2019

Source: constructionblog.practicallaw.com

Newspapers secure summary judgment over libel claims brought by social worker – Local Government Lawyer

‘Two national newspaper groups have obtained summary judgment over libel claims brought by a former senior social worker.’

Full Story

Local Government Lawyer, 16th January 2019

Source: www.localgovernmentlawyer.co.uk

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