“An application for permission to amend the grounds of an application under section 288 of the Town and Country Planning Act 1990 which had been made after the expiry of the six-week period allowed by section 288(3) for the institution of section 288 proceedings was governed by CPR r 17.1(2), not by CPR r 17.4.”
WLR Daily, 5th July 2013
Source: www.iclr.co.uk
“On 14 June 2013 in Elvanite Full Circle Ltd v AMEC Earth & Environmental (UK) Ltd [2013] EWHC 1643 (TCC) Mr Justice Coulson handed down another important judgment on the application of the new costs management rules (in CPR r.3.15- r.3.18), albeit his decision relates to the Costs Management in Mercantile Courts and Technology and Construction Courts – Pilot Scheme (‘PD 51G’). In particular, Coulson J considered (i) the impact of an order for costs on the indemnity basis; (ii) what a party needs to do to seek approval of a revised costs budget; (iii) when a party should make an application for such approval; and (iv) what test the court applies on such an application. Coulson J’s findings are highlighted in bold below.”
Full story (PDF)
4 New Square, 25th June 2013
Source: www.4newsquare.com
“Stephen Hockman QC has written a paper published by the Policy Network, entitled ‘Legislating for Responsible Capitalism: what it means in practice’.”
In the paper, he explores the legal amendments available to improve the monitoring, transparency and accountability of corporate practice.”
Full story (PDF)
Six Pump Court, 19th June 2013
Soruce: www.6pumpcourt.co.uk
“The High Court has rejected a bid by a successful defendant to nearly double its approved £270,000 costs budget after the case had concluded.”
Litigation Futures, 17th June 2013
Source: www.litigationfutures.com
“‘We will amend at trial’ was one of the most common phrases in legal parlance. No more. It is evident on several fronts that the days of belated change, even well before trial, are over. I would go so far as to say that a practitioner failing to act at the earliest possible opportunity is now looking at a potential negligence claim. The robust new attitude demonstrated by Lord Justice Jackson and his cohorts has been applied to pleadings, experts and joinder.”
New Law Journal, 18th April 2013
Source: www.newlawjournal.co.uk
“Last year I discussed Mr Justice Flaux’s decision in Graiseley Properties Limited and others v Barclays Bank plc [2012] EWHC 3093 (Comm) (see Littleton Comment on 4 December 2012). In that case Flaux J. had allowed amendments to plead fraudulent misrepresentation and breach of implied terms in relation to LIBOR which smoothed the path to claims which were, in essence, that the Bank had sold LIBOR-related products when it knew that its employees were attempting to ‘rig’ LIBOR rates for their own purposes (i.e. making their trades profitable) and that such conduct would disadvantage clients who relied on the Bank not attempting to manipulate LIBOR rates. Although I pointed out that allowing the amendments, which lacked the particularity to be expected, was unusual, I also observed that ‘This is a welcome and realistic approach to the difficulties faced by customers in claims against banks.'”
Littleton Chambers, 15th April 2013
Source: www.littletonchambers.com
“The requirement that a foreign spouse or partner of a British citizen or person settled in the United Kingdom produce a test certificate of knowledge of the English language to a prescribed standard prior to entering the United Kingdom was proportionate.”
WLR Daily, 12th April 2013
Source: www.iclr.co.uk
“Dominic Raab MP has tabled an amendment to the Crime and Courts Bill which if passed would stop foreign criminals from using Article 8 of the European Convention on Human Rights (the right respect for private and family life) to prevent their deportation. The amendment has significant support.”
UK Human Rights Blog, 12th March 2013
Source: www.ukhumanrightsblog.com
Regina v Love and another [2013] WLR (D) 56
“After a guilty plea had been entered an indictment could be amended otherwise than on an application by the defendant.”
WLR Daily, 13th February 2013
Source: www.iclr.co.uk
“Judges should be given the ‘maximum amount of discretion’ in deciding whether or not to order a secret court hearing under the justice and security bill, Ken Clarke has told MPs and peers.”
The Guardian, 12th February 2013
Source: www.guardian.co.uk
“There was no general bar in principle to the award of general damages for emotional distress where a freezing order was wrongly obtained but any such award would be sensitive to the facts of a particular case.”
WLR Daily, 11th December 2012
Source: www.iclr.co.uk
“A taxpayer was entitled to appeal from the First-tier Tribunal to the Upper Tribunal against a decision that it would not suffer hardship if required to pay assessed value added tax before an appeal against the assessment could be heard. The right of appeal against hardship decisions had not been abolished by section 84(3C) of the Value Added Tax Act 1994 as the insertion of section 84(3C) by paragraph 221(5) of Schedule 1 to the Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 was ultra vires section 124 of the Finance Act 2008.”
WLR Daily, 31st October 2012
Source: www.iclr.co.uk
“Tax litigation is not the most obvious hunting ground for human rights points but if claimants feel sufficiently pinched by what they perceive as unfair rules, there is nothing to stop them appealing to the courts’ scrutiny of the lawfulness of those rules.”
UK Human Rights Blog, 1st November 2012
Source: www.ukhumanrightsblog.com
“The government has suffered a fresh round of defeats in the House of Lords over austerity plans to cut legal aid, setting up a constitutional confrontation between the two houses of parliament.”
The Guardian, 23rd April 2012
Source: www.guardian.co.uk
“The Government’s controversial reforms to the NHS became law today [27 March] after a tortuous 14-month passage through Parliament, when the Queen granted Royal Assent to the Health and Social Care Bill.”
The Independent, 27th March 2012
Source: www.independent.co.uk
“The Suspended Sentence Order created by the Criminal Justice Act 2003 has had a relatively straightforward existence, particularly in comparison to some of the other provisions of that much criticised Act.”
Full story (PDF)
Zenith Chambers, 27th February 2012
Source: www.zenithchambers.co.uk
Berezovsky v Abramovich [2011] EWCA Civ 153; [2011] WLR (D) 59
“A claimant who applied for permission to amend his particulars of claim by reframing the loss allegedly suffered as a result of the commission of a tort was not seeking to make a new claim involving the addition or substitution of a new cause of action within the meaning of section 35 of the Limitation Act 1980.”
WLR Daily, 25th February 2011
Source: www.lawreports.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Swain-Mason and others v Mills & Reeve (a firm) [2011] EWCA Civ 14; [2011] WLR (D)
“In determining whether to grant a late application to amend a pleading a balance was always to be struck. The court was concerned with doing justice, but justice to all litigants, and thus where a last-minute amendment was sought the onus would be heavy on the amending party to show the strength of the new case and why justice to him, his opponent and other litigants required him to be able to pursue it.”
WLR Daily, 21st January 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.
© Inner Temple Library 2024