Win for open justice as tax tribunal allows non-party access to HMRC pleadings – Litigation Futures

Posted September 12th, 2018 in news, taxation, third parties, tribunals by tracey

‘The First-tier Tribunal (FTT) has “inherent jurisdiction” to give non-parties access to documents, its tax chamber has ruled in allowing KPMG to see documents from another case involving HM Revenue & Customs (HMRC).’

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Litigation Futures, 12th September 2018

Source: www.litigationfutures.com

Appeal judges take master to task for handing boxes of documents to non-party – Litigation Futures

‘The Court of Appeal has strongly criticised a Queen’s Bench Master who allowed six boxes of court documents to be removed from the High Court by a non-party without notifying the defendant.’

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Litigation Futures, 9th August 2018

Source: www.litigationfutures.com

Vehicle-related terrorism claims ‘mutualised’ by UK motor insurers – OUT-LAW.com

Posted July 27th, 2018 in insurance, news, road traffic, terrorism, third parties by sally

‘Motor insurers in the UK are to share the costs involved in meeting third party claims raised by victims of terrorist attacks involving vehicles.’

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OUT-LAW.com, 26th July 2018

Source: www.out-law.com

Regulation of third party litigation funding in England and Wales – OUT-LAW.com

Posted July 20th, 2018 in champerty, news, third parties by tracey

‘Third party litigation funding is a growing industry in England and Wales, although the market remains largely unregulated.’

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OUT-LAW.com, 19th July 2018

Source: www.out-law.com

Facebook ordered to explain deleted profile – BBC News

Posted June 20th, 2018 in bereavement, disclosure, identification, internet, news, third parties by sally

‘Facebook has been ordered by a UK high court judge to reveal who told it to delete the profile of a jazz musician and his band, six months after he died.’

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BBC News, 19th June 2018

Source: www.bbc.co.uk

Court entitled to make costs order against insurer in group litigation – OUT-LAW.com

Posted June 8th, 2018 in costs, insurance, news, third parties by sally

‘The High Court was entitled to make a third-party costs order against the insurer involved in a group litigation, which required the insurer to cover the costs of all cases covered by the group litigation order (GLO) and not just those within the scope of its policy.’

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OUT-LAW.com, 7th June 2018

Source: www.out-law.com

“No conditions” on third-party costs orders against insurers, Court of Appeal rules – Litigation Futures

Posted June 1st, 2018 in costs, insurance, news, third parties by sally

The only limit on the court’s discretion to make third-party costs orders against insurers is that it must be exercised justly, the Court of Appeal has ruled.

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Litigation Futures, 31st May 2018

Source: www.litigationfutures.com

Dangerous dogs and kennelling costs – UK Police Law Blog

Posted May 23rd, 2018 in costs, dogs, news, police, third parties by tracey

‘Dogs and property throw up some of the more unusual and difficult issues on which a police lawyer is asked to advise. In the decision of Henderson v Comr of Police of the Metropolis [2018] EWHC 666 (Admin) and the subsequent costs decision at [2018] EWHC 1092 (Admin), the court visited two issues – the standing of a person to intervene in a case concerning the destruction of a potentially prohibited breed and kennelling costs during the course of an appeal by way of case stated / judicial review to the High Court.’

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UK Police Law Blog, 22nd May 2018

Source: ukpolicelawblog.com

Open Up! Access to Upper Tribunal Files – Panopticon

Posted April 25th, 2018 in disclosure, news, third parties, tribunals by sally

‘The Upper Tribunal has its own rules. It is not governed by the CPR. Inevitably, this leaves some gaps on occasion. One of those which occasionally puzzles people interested in the system is that there is no equivalent to CPR rule 5.4C, which allows non-parties the right to ask to see the court file. So can a non-party get access to an Upper Tribunal file, whether or not the material has been referred to in an open hearing?Yes, said the Tax and Chancery Chamber of the Upper Tribunal in Aria Technology Ltd v HMRC & Situation Publishing [2018] UKUT 111 (TCC). Although there was no specific power given in the Rules to disclose documents to non-parties upon request, there was nothing to prohibit it either. The provisions of rule 14(8) – which allows a party to seek a direction preventing disclosure – implicitly recognises a power to disclose. Indeed, Judge Sinfield went further. Applying the open justice principle as set out in no uncertain terms in R (Guardian News and Media Ltd) v City of Westminster Magistrates’ Court [2012] EWCA Civ 420, the Upper Tribunal had an inherent power and indeed a common law duty to consider any request for access to or disclosure of the court file, including material not referred to in open court.’

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Panopticon, 25th April 2018

Source: panopticonblog.com

A costly slice of the cake? Litigation funders and security for costs – 4 New Square

Posted April 13th, 2018 in costs, news, third parties by sally

‘If a defendant is successful in defending a claim brought with the assistance of litigation funders who had an interest in the litigation, that defendant can apply under section 51 of the Senior Courts Act 1981 for a non-party costs order against the litigation funders.’

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4 New Square, 19th March 2018

Source: www.4newsquare.com

Supreme Court: use of corporate vehicles did not avoid limitation exception – OUT-LAW.com

‘Company directors were said to be responsible for assets despite their use of corporate vehicles, the Supreme Court has ruled (12-page / 157KB PDF). The ruling means that a six year limitation period stopping liquidators taking legal action against the directors does not apply. This case will impact future misfeasance actions. Director and officer indemnity insurers should take note of this decision as it confirms that the English courts are unwilling to accept the six-year limitation defence for actions against directors following the disposal of company assets in breach of fiduciary duty for economic gain.’

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OUT-LAW.com, 23rd March 2018

Source: www.out-law.com

FCA v Grout [2018] EWCA Civ 71: Anonymous or Synonymous? – 4 New Square

Posted March 16th, 2018 in financial regulation, identification, news, third parties by sally

‘The Court of Appeal confirms the restrictive approach to third party rights under FCA Notices adopted by the Supreme Court in Macris v FCA [2017] UKSC 19.’

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4 New Square, 6th February 2018

Source: www.4newsquare.com

High Court makes third-party costs order against UKIP for blocking settlement of libel claim – Litigation Futures

Posted February 20th, 2018 in costs, defamation, enforcement, news, political parties, third parties by sally

‘The High Court has made a third-party costs order against UKIP, after the party took a “political” decision to block the settlement of a libel claim against one of its MEPs.’

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Litigation Futures, 20th February 2018

Source: www.litigationfutures.com

Pre-action disclosure of insurance policies – Law Society’s Gazette

‘Peel Port Shareholder Finance Company Ltd v Dornoch Ltd [2017] EWHC 876 (TCC) serves as a reminder of the court’s approach to the rules on pre-action disclosure and the Third Parties (Rights against Insurers) Act 2010 (the 2010 act).’

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Law Society's Gazette, 8th January 2018

Source: www.lawgazette.co.uk

Detecting assets in financial proceedings (Richardson-Ruhan v Ruhan) – Family Law

Posted December 19th, 2017 in divorce, family courts, financial provision, news, sham transactions, third parties by sally

‘Family analysis: In Richardson-Ruhan v Ruhan the court was concerned with assertions that assets belonging to the husband were held for him by a nominee, related commercial proceedings and arguments as to sham. Michael Chapman, partner, and Holly Tootill, senior associate, both from JMW, who acted for the wife in this case, answer some questions on this complicated and extensive decision.’

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Family Law, 18th December 2017

Source: www.familylaw.co.uk

Not with a Whisper but a Bang: the new insurance laws in a Professional Indemnity Context – Hailsham Chambers

‘The changes of last August and the impending Enterprise Act 2016 changes for May of next year will transform the way we have to look at insurance contracts generally and, if our insurer clients’ underwriting departments have not substantially rewritten their proposal forms and policy documents, we can anticipate a few years of ongoing law making.’

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Hailsham Chambers, 3rd November 2017

Source: www.hailshamchambers.com

Autumn Newsletter – Falcon Chambers

– Prescriptive easements – a glass half-full: out with the negative; in with the positive 10

– Keeping the Title Clean: Unwanted Notices and Restrictions 12

– Estoppel in Pre-Contractual Negotiations 15

– The Curse of the Freebie 17

– Voidable and no Mistake 20

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Falcon Chambers, November 2017

Source: www.falcon-chambers.com

Fraud may justify ‘collateral use’ of documents in multiple sets of civil proceedings, court rules – OUT-LAW.com

‘The “strong public interest” in pursuing claims for fraud, bribery and corruption may justify allowing the use of documents obtained in one set of legal proceedings in a different set of proceedings, the High Court has ruled.’

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OUT-LAW.com, 3rd November 2017

Source: www.out-law.com

Chudley v Clydesdale: identifying the body – Hardwicke Chambers

Posted October 23rd, 2017 in banking, contracts, fraud, news, third parties by sally

‘A recent Commercial Court case, Chudley v Clydesdale Bank plc has provided a rare comment on the application of the Contract (Rights of Third Parties) Act 1999 (the 1999 Act) and, in particular, on how you decide whether the contract adequately identifies the third party so as to allow them to enforce the contract.’

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Hardwicke Chambers, 20th October 2017

Source: www.hardwicke.co.uk

Electoral Commission urged to reconsider view on Vote Leave spending – The Guardian

Posted October 2nd, 2017 in elections, judicial review, news, referendums, third parties by sally

‘The Electoral Commission is to be challenged in court to reopen its investigation into £625,000 of spending that eventually reached a digital marketing company during the EU referendum last year.’

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The Guardian, 29th September 2017

Source: www.theguardian.com