‘The High Court has ruled that a hearing related to the biggest class action in history can go ahead remotely, in another sign of judges’ acceptance of a new default position during the coronavirus crisis.’
Law Society's Gazette, 22nd April 2020
Source: www.lawgazette.co.uk
‘Earlier this year the conflicting authorities of Bhusate v Patel [2019] EWHC 470 (Ch) and Cowan v Foreman and others [2019] EWHC 349 (Fam) cast doubt on the use of standstill agreements in respect of claims intended to be brought under section 2 of the Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”). Following the determination of the appeal in the latter case that uncertainty has to a large extent been resolved.’
Becket Chambers, 4th December 2019
Source: becket-chambers.co.uk
‘Enforcing contractual clauses to mediate, not litigate. Rob Langley, a mediator at North East Mediation Solutions, reports on how new rules are developing.’
New Law Journal, 27th November 2019
Source: www.newlawjournal.co.uk
‘The High Court in England has ruled that it does not have the authority to stop a criminal trial in another court to protect the creditors of a company in voluntary liquidation.’
OUT-LAW.com, 25th November 2019
Source: www.pinsentmasons.com
‘A judge in London has rejected Julian Assange’s attempt to delay his US extradition case.’
BBC News, 21st October 2019
Source: www.bbc.co.uk
‘Parties who seek to obtain a stay of proceedings on the grounds that the stress of litigation is injurious to their mental health need to produce strong and compelling medical evidence before the Court is likely to accede to their request.’
Park Square Barristers, 26th June 2019
Source: www.parksquarebarristers.co.uk
‘This case concerned both the appeal in Bresco v Lonsdale and Cannon Corporate v Primus Build. The present case comment is only concerned with the former.’
Hardwicke Chambers, 6th February 2019
Source: hardwicke.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
‘In Grant v Dawn Meats (UK) [2018] EWCA Civ 2212, the Court of Appeal held that an order staying the matter also stayed the Claimant’s obligation to serve the claim form.
That being the case, the Claimant was not out of time for serving the claim form when he did so within the four month period following the expiry of the stay.’
Zenith PI, 22nd October 2018
Source: zenithpi.wordpress.com
‘When I was a kid, Top Trumps were all the rage. I know from my own boys that they still are. Back then, it was all about whether you had the fastest car or the most popular footballer (even Star Wars characters featured, but how did you decide if Hans Solo was better than Princess Leia?). Now, just about every topic is covered by a set of cards.
I mention this because a recent TCC judgment demonstrates that the arbitration clause in the JCT standard building contract can “trump” a Part 8 application for declaratory relief, with the court granting a stay of those Part 8 proceedings.’
Practical Law: Construction Blog, 18th September 2018
‘In July the High Court in Mercato considered the circumstances in which parties, not including the FA, who are subject to the FA Rules, will be bound to arbitrate disputes between them under FA Rule K. The judgment follows, and attempts to reconcile, two decisions of the same Court in 2017 on the same topic: Davies v Nottingham Forest FC [2017] EWHC 2095 (“Davies”) and Bony v Kacou & Ors [2017] EWHC 2146 (Ch) (“Bony”).’
Sports Law Bulletin from Blackstone Chambers , 6th September 2018
Source: www.sportslawbulletin.org
‘The former senior police officer who was the match commander at the Hillsborough disaster is to get funding to fight a possible prosecution on charges of gross negligence manslaughter.’
The Guardian, 4th December 2017
Source: www.theguardian.com
‘Private Client analysis: Michael Wells-Greco, partner at Charles Russell Speechlys, examines the issues in Akyuz v Akyuz and examines whether an application for a declaration of parentage should be dismissed or stayed on the basis of forum non conveniens.’
Family Law, 24th November 2017
Source: www.familylaw.co.uk
‘The High Court has questioned the growing use of standstill agreements in litigation, saying they are “potentially just another self-inflicted complication” when it would be simpler to apply for a stay.’
Litigation Futures, 3rd October 2017
Source: www.litigationfutures.com
‘The Ministry of Justice and Her Majesty’s Courts and Tribunals Service (HMCTS) will soon announce an “administrative” solution to claims arising from the Supreme Court’s ruling last month that the current fees regime is unlawful, it has emerged.’
Litigation Futures, 21st August 2017
Source: www.litigationfutures.com
‘The president of employment tribunals in England and Wales, Judge Brian Doyle, has issued a case management order staying claims brought on the basis of the Supreme Court’s ruling last month that the current fees regime is unlawful.’
Litigation Futures, 10th August 2017
Source: www.litigationfutures.com
‘Uncertainty regarding a claimant’s prognosis is part of the usual risk of personal injury litigation and not enough to justify disapplying the usual consequences of accepting a part 36 offer out of time, the Court of Appeal has ruled.’
Litigation Futures, 26th July 2017
Source: www.litigationfutures.com
‘English courts are averse to the risk of parallel litigation in multiple jurisdictions. For this reason, where an English defendant is correctly sued in England, foreign domiciled defendants who are necessary and proper parties to the claim are commonly brought into the English court’s jurisdiction.’
Full story (PDF)
Hardwicke Chambers, 3rd May 2017
Source: www.hardwicke.co.uk
‘The fall-out is continuing from the recent High Court decision that budgets bind the parties at detailed assessment unless there is good reason not to, although it seems clear that parties are waiting for a definitive ruling from the Court of Appeal.’
Litigation Futures, 16th March 2017
Source: www.litigationfutures.com
‘An approved or agreed budget will bind the parties at detailed assessment unless there is good reason not to, the High Court has ruled in a decision that is almost certain to go to the Court of Appeal.’
Litigation Futures, 24th February 2017
Source: www.litigationfutures.com
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