‘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.’
OUT-LAW.com, 4th April 2017
Source: www.out-law.com
‘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.’
Legal Futures, 8th March 2017
Source: www.legalfutures.co.uk
‘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
‘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.’
Technology Law Update, 20th October 2014
Source: www.technology-law-blog.co.uk
“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.”
Littleton Chambers, 9th July 2013
Source: www.littletonchambers.com
“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.”
Litigation Futures, 8th May 2013
Source: www.litigationfutures.com
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
“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.”
Daily Telegraph, 8th May 2012
Source: www.telegraph.co.uk
“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.”
Daily Telegraph, 7th December 2011
Source: www.telegraph.co.uk
“The Government cannot be held legally liable for British colonial atrocities committed during the Mau Mau Uprising, the High Court heard today.”
The Independent, 7th April 2011
Source: www.independent.co.uk
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.
“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 [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.
“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.”
Law Society’s Gazette, 26th April 2010
Source: www.lawgazette.co.uk
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.
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