‘The High Court yesterday dismissed the group litigation brought on behalf of more than 40,000 claimants in the so-called Mau Mau case, after six years of work done by lawyers operating on a “no win, no fee” basis.’
Litigation Futures, 22nd November 2018
Source: www.litigationfutures.com
‘Theresa May has been forced into an embarrassing climbdown as ministers announced they would bring forward curbs to tackle highly addictive fixed-odd betting terminals in the face of considerable opposition from MPs and campaigners.’
The Independent, 14th November 2018
Source: www.independent.co.uk
‘The ground rent scandal can give rise to accidental ASTs with unexpected consequences.’
Tanfield Chambers, 18th October 2018
Source: www.tanfieldchambers.co.uk
‘Noting the recent Court of Appeal decision in Grant v Dawn Meats (UK), Stephen Innes and Hannah Daly of 4 New Square consider the options open to Claimants.’
4 New Square, 23rd October 2018
Source: www.4newsquare.com
‘Four key points for the limitation period for contract and tort claims. Limitation is fiendishly complex – these are some fundamentals for an ‘all-or-nothing’ defence affecting every claim.’
4 New Square, 25th October 2018
Source: www.4newsquare.com
‘The government has introduced restrictions on what judicial tasks can be delegated to court staff under legislation currently going through Parliament.’
Litigation Futures, 29th October 2018
Source: www.litigationfutures.com
‘The Court of Appeal has upheld a limitation of liability clause negotiated between the parties on a defective construction project, when work began before the parties formalised those terms.’
OUT-LAW.com, 23rd October 2018
Source: www.out-law.com
‘The Civil Liability Bill seriously undermines the oath sworn by Lord Chancellor David Gauke to defend the independence of the judiciary, claimant lawyers have argued as the bill near the end of its parliamentary journey.’
Legal Futures, 23rd October 2018
Source: www.legalfutures.co.uk
‘Impecunious road traffic accident claimants who benefit from the rule allowing them to claim full credit hire costs must provide pre-action disclosure of financial records, a circuit judge has ruled.’
Litigation Futures, 22nd October 2018
Source: www.litigationfutures.com
‘The Court of Appeal has come to the aid of Arcadis Consulting (UK) Ltd by overturning Coulson J’s judgment in Arcadis Consulting (UK) Ltd v AMEC (BSC) Ltd – a case described by the judge as one “with something of a sting in its tail”. The sting in question was Coulson J’s finding that a contract between Arcadis and AMEC did not incorporate any term that limited Arcadis’ liability. As a result, Arcadis faced a potential loss of £40 million.’
Practical Law: Construction Blog, 12th October 2018
‘The future of litigation being brought on behalf of more than 40,000 claimants in the so-called Mau Mau case is in doubt after the Court of Appeal refused permission to hear an appeal against a decision to dismiss the first test case.’
Litigation Futures, 10th October 2018
Source: www.litigationfutures.com
‘The High Court has dismissed the first test case brought as part of a second wave of Mau Mau group litigation, following the British government’s settlement of over 5,000 claims for £19.9m in 2013.’
Litigation Futures, 10th August 2018
Source: www.litigationfutures.com
‘Kimathi & Ors v Foreign and Commonwealth Office [2018] EWHC 1305 (QB). Stewart J has recently dismissed the first test case in this group litigation, in which over 40,000 Kenyans bring claims for damages against the UK Foreign & Commonwealth Office, alleging abuse during the Kenyan Emergency of the 1950s and early 1960s, in Kimathi & Others v The Foreign and Commonwealth Office [2018] EWHC 2066 (QB). Jo Moore discusses this in her blog post of 6 August 2018.
Earlier this year however he considered, as a preliminary matter, whether fear, caused either by the tort of negligence or trespass, amounts to personal injury so that the Court has the discretionary power to exclude the 3-year limitation period which arises under section 11 of the 1980 Act. Stewart J concluded that “despite the comprehensive and innovative submissions of the Claimants” (para 37), which included arguments on human rights grounds, fear did not amount to a personal injury.’
UK Human Rights Blog, 7th August 2018
Source: ukhumanrightsblog.com
‘A professional negligence claim was brought within the limitation period despite an “unconnected” abuse of process over the court fee paid, the High Court has held.’
Litigation Futures, 11th July 2018
Source: www.litigationfutures.com
‘The High Court has decided not to strike out a claim where an incorrect fee was paid days before the limitation period ended.’
Law Society's Gazette, 10th July 2018
Source: www.lawgazette.co.uk
‘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.’
OUT-LAW.com, 23rd March 2018
Source: www.out-law.com
‘The Ministry of Justice announced changes to give more support to those taking abusive former partners to court in family proceedings.’
The Independent, 4th December 2017
Source: www.independent.co.uk
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