Category: pleadings

Late Amendments to Pleadings – Proceed with Caution – Zenith PI Blog

Posted December 2nd, 2016 in amendments, building law, contracts, duty of care, news, pleadings by sally

‘The Claimant had purchased a new build property which had been constructed by the First Defendant company. Slightly over a year later the Claimant tripped over a paved step in her garden which rendered her tetraplegic. The other Defendants to the claim were the directors of the First Defendant and the contractor who had been engaged to lay the paving in the garden.’

Full story

Zenith PI Blog, 30th November 2016

Source: www.zenithpi.wordpress.com

Adam Johnson guilty of sexual activity with a child – The Guardian

Posted March 3rd, 2016 in employment, news, pleadings, sentencing, sexual grooming, sexual offences, sport by sally

‘The footballer Adam Johnson is facing the prospect of five years in jail after being found guilty of sexual activity with a 15-year-old schoolgirl.’

Full story

The Guardian, 2nd March 2016

Source: www.guardian.co.uk

Abdulle and others v Commissioner of Police of the Metropolis – WLR Daily

Posted December 14th, 2015 in appeals, case management, civil procedure rules, detention, fees, law reports, pleadings, striking out by sally

Abdulle and others v Commissioner of Police of the Metropolis [2015] EWCA Civ 1260; [2015] WLR (D) 513

‘The Court of Appeal would not lightly interfere with a case management decision and would support robust and fair case management decisions by first instance judges to strike out, or to decline to strike out, claims under CPR r 3.4(2)(c). In a case in which the balance was a “fine” one, an appellate court should respect the balance struck by the first instance judge.’

WLR Daily, 8th December 2015

Source: www.iclr.co.uk

Digital ‘Make A Plea’ system means people can choose where and when they plead – Ministry of Justice

Posted February 27th, 2015 in electronic filing, pleadings, press releases by sally

‘A new digital service will allow people charged with minor motoring offences to make a plea online at a time and place of their choosing.’

Full press release

Ministry of Justice, 26th February 2015

Source: www.gov.uk/government/organisations/ministry-of-justice

Judge expresses anger at “flagrant non-compliance” with Commercial Court rules on pleadings – Litigation Futures

Posted February 23rd, 2015 in barristers, codes of practice, costs, fraud, news, penalties, pleadings, time limits by sally

‘A High Court judge has handed out a tongue-lashing and a costs penalty over a party’s failure to stick to the rules governing the length and content of statements of claim laid down in the Commercial Court Guide.’

Full story

Litigation Futures, 23rd February 2015

Source: www.litigationfutures.com

Court of Appeal urges lawyers to get “back to basics” on pleadings – Litigation Futures

Posted December 12th, 2014 in case management, drafting, news, pleadings by sally

‘It is time for pleadings to get “back to basics”, the Court of Appeal said yesterday after suggesting that “practitioners have, on occasion, lost sight” that their aim is to help the court and the parties.’

Full story

Litigation Futures, 12th December 2014

Source: www.litigationfutures.com

When to plead fraud – Barristers’ Hub

Posted February 3rd, 2014 in enforcement, fraud, misrepresentation, news, pleadings, time limits by sally

‘Pleading fraud is not to be done lightly, and there can be significant adverse consequences of doing so inappropriately. Equally, however, failing to plead fraud where appropriate can deprive a party to litigation of the opportunity to succeed on a point which might be decisive in that party’s favour, and successfully alleging fraud can have very beneficial consequences in terms of liability, remedy and enforcement. This article is intended to provide a brief overview of factors that should be weighed when deciding whether to plead fraud in any given (civil) claim.’

Full story

Barristers’ Hub, 31st January 2014

Source: www.barristershub.co.uk

Veil exposes courtroom quandary – BBC News

Posted September 13th, 2013 in courts, identification, Islam, news, pleadings, precedent, women by sally

“Sitting in Blackfriars Crown Court in south London, I watched a very modern, multicultural dilemma. Back in August, a Muslim woman was due to appear, accused of intimidating a witness. The woman, whom the BBC isn’t naming for legal reasons, was expected to enter a plea. But Judge Peter Murphy said he could not hear that plea because he could not identify her: she was wearing a niqab, the type of black face covering worn by some Muslim women that only leaves their eyes visible.”

Full story

BBC News, 12th September 2013

Source: www.bbc.co.uk

Regina v Lawrence – WLR Daily

Posted July 2nd, 2013 in appeals, firearms, guilty pleas, jurisdiction, law reports, pleadings, retrials by sally

Regina v Lawrence [2013] EWCA Crim 1054; [2013] WLR (D) 263

“The Court of Appeal (Criminal Division) had no power, when allowing an appeal against conviction, either to substitute a plea of guilty in respect of an offence as to which the defendant could not have pleaded or been found guilty or to order retrial.”

WLR Daily, 28th June 2013

Source: www.iclr.co.uk

The end of late chopping and changing – New Law Journal

Posted April 22nd, 2013 in amendments, budgets, civil procedure rules, costs, news, pleadings, trials by sally

“‘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.”

Full story

New Law Journal, 18th April 2013

Source: www.newlawjournal.co.uk

In re Coniston Hotel (Kent) LLP (in liquidation) Bernsten and another v Tait and another – WLR Daily

Posted February 11th, 2013 in administrators, compensation, insolvency, law reports, news, pleadings by sally

In re Coniston Hotel (Kent) LLP (in liquidation) Bernsten and another v Tait and another [2013] EWHC 93 (Ch); [2013] WLR (D) 46

“Points of claim in insolvency proceedings should concisely set out every fact necessary to establish the legal basis for the relief sought but with a degree of particularity to enable those responding to understand the nature of the case.”

WLR Daily, 1st February 2013

Source: www.iclr.co.uk

Sullivan (aka Soloman) v Bristol Film Studios Ltd – WLR Daily

Posted May 14th, 2012 in abuse of process, appeals, copyright, damages, law reports, pleadings, striking out by sally

Sullivan (aka Soloman) v Bristol Film Studios Ltd [2012] EWCA Civ 570; [2012] WLR (D) 145

“In deciding whether a small claim ought to be struck out as an abuse of process it was relevant to consider whether there was a proportionate procedure available by which the claim could be adjudicated.”

WLR Daily, 3rd May 2012

Source: www.iclr.co.uk

A Perception on Deception – Part II – Zenith Chambers

Posted April 16th, 2012 in deceit, fraud, insurance, news, personal injuries, pleadings by sally

“Part I of this Article considered the approach of the courts and Insurers during the litigation process, but what happens post-litigation? Part II considers that very question.”

Full story (PDF)

Zenith Chambers, 11th April 2012

Source: www.zenithchambers.co.uk

Should lawyers get named and shamed for being boring? – UK Human Rights Blog

Posted December 5th, 2011 in barristers, news, pleadings by sally

“Every so often, a judge gets so infuriated with the prolixity of an advocate that he has a real go at him in the resulting judgment, and this solicitors negligence case is a good example. However, this judge spiced up his reasoning with a tale of how long-winded advocates were treated in the past when their legal documents went on too long.”

Full story

UK Human Rights Blog, 5th December 2011

Source: www.ukhumanrightsblog.com

Regina v Oldfield – WLR Daily

Posted November 24th, 2011 in appeals, judges, law reports, pleadings by sally

Regina v Oldfield [2011] WLR (D) 337

“Where an application by a defendant to withdraw a plea of guilty involved a conflict between the defendant’s evidence and the evidence of his former counsel, the practice at many court centres by which a judge from elsewhere would be brought in to hear the application was to be commended.”

WLR Daily, 22nd November 2011

Source: www.iclr.co.uk

National Grid sues for access to engineering cartel papers – The Guardian

Posted July 8th, 2011 in competition, disclosure, news, pleadings by sally

“National Grid is battling in London’s high court for access to secret documents relating to its £235m cartel case against a group of Europe’s top engineering companies.”

Full story

The Guardian, 7th July 2011

Source: www.guardian.co.uk

Berezovsky v Abramovich – WLR Daily

Posted February 28th, 2011 in amendments, appeals, intimidation, law reports, limitations, pleadings by sally

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) – WLR Daily

Posted January 24th, 2011 in amendments, civil procedure rules, law reports, pleadings by sally

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.

Rymer v Director of Public Prosecutions – WLR Daily

Posted July 26th, 2010 in criminal procedure, law reports, pleadings, road traffic offences by sally

Rymer v Director of Public Prosecutions [2010] EWHC 1848 (Admin); [2010] WLR (D) 197

“A defendant who had pleaded guilty by post in response to a written charge in respect of summary offences and who had been convicted by the justices in his absence pursuant to s 12(4) of the Magistrates’ Court Act 1980 did not have an automatic right to change his plea at a resumed hearing after the case had been adjourned for sentencing pursuant to s 12(5) of the 1980 Act.”

WLR Daily, 22nd July 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.

Masood and others v Zahoor and others – WLR Daily

Posted July 7th, 2009 in forgery, law reports, pleadings, striking out by sally

 Masood and others v Zahoor and others [2009] EWCA 650; [2009] WLR (D) 231

“Where a claimant relied on a forged document he forfeited the right to have an adjudication of his claim, and it was irrelevant that the defendant also relied on forged documents. There was no weighing or balancing exercise to be carried out.”

WLR Daily, 7th July 2009

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.