Category: stay of proceedings

Higher education claims: Court gives general guidance on JR and OIA complaints – Education Blog

Posted February 14th, 2017 in complaints, education, judicial review, news, stay of proceedings, time limits, universities by sally

‘In three linked cases the Administrative Court has just given important general guidance on the relationship between judicial review proceedings and references to the Office of the Independent Adjudicator for Higher Education. The three linked cases were R (Zahid) v University of Manchester, R (Rafique-Aldawery) v St George’s, University of London, and R (Sivasubramaniyam) v University of Leicester [2017] EWHC 188 (Admin). The cases were decided together by judgment of Mr Justice Hickinbottom delivered on 10 February 2017.’

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Education Blog, 13th February 2017

Source: www.education11kbw.com

Judge stays case until claimants pay correct court fee – Law Society’s Gazette

Posted August 17th, 2016 in contracts, fees, news, stay of proceedings by sally

‘The High Court has ruled that a contract claim against retailer Sports Direct should be stayed until the claimant has paid the correct court fee.’

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Law Society’s Gazette, 16th August 2016

Source: www.lawgazette.co.uk

Dickinson and another v UK Acorn Finance Ltd – WLR Daily

Posted November 30th, 2015 in abuse of process, enforcement, estoppel, law reports, loans, res judicata, stay of proceedings by sally

Dickinson and another v UK Acorn Finance Ltd [2015] EWCA Civ 1194; [2015] WLR (D) 479

‘The fact that a loan the subject of litigation was rendered unenforceable by statute did not mean that a judge was not entitled to determine whether it would be an abuse of process for a party to proceed with its submission that it would be an abuse of process for another party to be permitted to proceed with its claim which was founded on that loan.’

WLR Daily, 25th November 2015

Source: www.iclr.co.uk

Ring Fencing – New Square Chambers

Posted July 27th, 2015 in Crown Court, disclosure, news, self-incrimination, stay of proceedings by sally

‘There is an important question of the circumstances in which a civil trial can take place during the period when a defendant is being prosecuted for related matters in the Crown Court.’

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New Square Chambers, 29th June 2015

Source: www.newsquarechambers.co.uk

Richards: Mitchell led to decisions that were “manifestly unjust and disproportionate” – Litigation Futures

Posted July 27th, 2015 in appeals, arbitration, news, stay of proceedings, striking out by sally

‘The Court of Appeal ruling in Mitchell led to decisions that were “manifestly unjust and disproportionate”, the deputy head of civil justice has said.’

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Litigation Futures, 27th July 2015

Source: www.litigationfutures.com

Chai v Peng Undermining the purpose of “forum conveniens?” – Family Law Week

Posted December 15th, 2014 in abuse of process, appeals, divorce, estoppel, jurisdiction, news, stay of proceedings by tracey

‘Tim Scott QC, Peter Duckworth and James Pullen, all of 29 Bedford Row who represented Dr Kay Peng Khoo in Chai v Peng, analyse the proceedings to date.’

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Family Law Week, 11th December 2014

Source: www.familylawweek.co.uk

Salford Estates (No 2) Ltd v Altomart Ltd – WLR Daily

Posted December 12th, 2014 in arbitration, debts, insolvency, law reports, stay of proceedings, winding up by sally

Salford Estates (No 2) Ltd v Altomart Ltd [2014] EWCA Civ 157; [2014] WLR (D) 527

‘The stay provisions in section 9(1) of the Arbitration Act 1996 did not apply to a winding up petition where the ground of the petition was that the company was unable to pay its debts and what was in dispute was that issue generally or, more specifically, whether there was outstanding and due a particular debt mentioned in the petition.’

WLR Daily, 8th December 2014

Source: www.iclr.co.uk

English court would not stay “unsustainable” claim to allow it to be tried by a foreign court – OUT-LAW.com

Posted August 7th, 2014 in dispute resolution, foreign jurisdictions, news, Russia, stay of proceedings by sally

‘English courts would not ‘stay’ legal proceedings involving foreign parties to enable those proceedings to be brought in a court in another country in circumstances where those proceedings are unsustainable, the Court of Appeal has ruled.’

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OUT-LAW.com, 7th August 2014

Source: www.out-law.com

FCA succeeds in reversing stay in Operation Cotton trial – The Lawyer

Posted May 22nd, 2014 in appeals, financial regulation, fraud, news, stay of proceedings, trials by sally

‘The Financial Conduct Authority (FCA) has won its appeal against the stay in the high-cost fraud trial known as Operation Cotton, with the Court of Appeal (CoA) ruling that proceedings should resume.’

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The Lawyer, 21st May 2014

Source: www.thelawyer.com

In re G (A Child) (Custody Rights: Stay of Proceedings) – WLR Daily

Posted May 21st, 2014 in appeals, children, consent, custody, EC law, families, jurisdiction, law reports, stay of proceedings by tracey

In re G (A Child) (Custody Rights: Stay of Proceedings): [2014] EWCA Civ 680; [2014] WLR (D) 220

‘As a matter of the domestic law of England and Wales, it was rare for an order relating to a child to be truly final if “final” meant ruling out further applications to the court. An order settling contact, or residence could subsequently be varied or discharged and new arrangements for the child substituted. That did not mean that the order for residence or contact was not final any more than would the fact that proceedings might be taken to enforce the order. Whether particular proceedings had come to an end was a fact specific question which had to be determined by careful examination of the circumstances in which the order which brought the proceedings to an end was made and its precise terms.’

WLR Daily, 19th May 2014

Source: www.iclr.co.uk

Secretary of State for the Home Department v Mohamed (formerly CC); Same v CF – WLR Daily

Posted May 8th, 2014 in abuse of process, appeals, control orders, law reports, reasons, stay of proceedings, terrorism prevention & investigation measures by tracey

Secretary of State for the Home Department v Mohamed (formerly CC); Same v CF; [2014] EWCA Civ 559; [2014] WLR (D) 187

‘Suspected terrorists subject to control orders and terrorism prevention and investigation measures who brought proceedings for abuse of process relating to the manner in which they were removed to the United Kingdom from Somaliland were entitled to see the Secretary of State’s objections to their case for alleged collusion and mistreatment. The Secretary of State was not permitted to confine reasons for rejecting their case on those issues to a closed judgment. The applicants and the public should not be denied all knowledge of the extent to which their factual and/or legal case was accepted or rejected. Such a total denial offended justice and propriety.’

WLR Daily, 2nd May 2014

Source: www.iclr.co.uk

Serious fraud trial abandoned because of cuts to legal aid for defence representation – UK Human Rights Blog

Posted May 7th, 2014 in costs, fees, fraud, human rights, legal aid, legal representation, news, prosecutions, stay of proceedings by sally

‘A judge has halted a serious fraud trial after defendants claimed they could not get adequate representation because cuts to legal aid, and as a result they would not get a fair trial under common law or Article 6 of the Convention. This case could be the first of a number of reversals following the government’s legal aid reforms with seven further trials due to start before September 2015 involving 28 defendants in similar positions.’

Full story

UK Human Rights Blog, 6th May 2014

Source: www.ukhumanrightsblog.com

Global Witness and the journalism exemption: ICO to have the first go? – Panopticon

Posted May 2nd, 2014 in data protection, news, rectification, stay of proceedings by tracey

‘Panopticon has previously reported on the novel and important data protection case Steinmetz and Others v Global Witness [2014] EWHC 1186 (Ch). The High Court (Henderson J) has now given a judgment on a procedural point which will set the shape for this litigation.’

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Panopticon, 30th April 2014

Source: www.panopticonblog.com

Operation Cotton – what next? – Halsbury’s Law Exchange

Posted May 2nd, 2014 in costs, fees, fraud, human rights, legal aid, legal representation, news, prosecutions, stay of proceedings by tracey

‘When does the same Government that decides to prosecute someone have an obligation to ensure that that individual has representation? That was the question that HHJ Leonard had to answer at Southwark Crown Court on 1 May 2014. The case is called “Operation Cotton” and, as the argument proceeded, featured five legally aided defendants. The argument got more media attention this week than it perhaps otherwise would because the legally aided defendants were represented by Alexander Cameron QC, who happens to be the brother of the Prime Minister (Cameron QC was acting for free, which his brother would surely applaud as an example of the “Big Society” in action).’

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Halsbury’s Law Exchange, 1st May 2014

Source: www.halsburyslawexchange.co.uk

Weber v Weber – WLR Daily

Posted April 15th, 2014 in conflict of laws, EC law, jurisdiction, law reports, stay of proceedings by tracey

Weber v Weber: (Case C-438/12);   [2014] WLR (D)  165

‘There fell within the category of proceedings which had as their object “rights in rem in immovable property”, within the meaning of article 22(1) of Council Regulation (EC) No 44/2001, an action brought before the courts of another member state, seeking a declaration of invalidity of the exercise of a right of pre-emption attaching to that property and which produced effects with respect to all the parties. Before staying its proceedings in accordance with article 27(1) of Regulation No 44/2001, the court second seised was required to examine whether, by reason of a failure to take into consideration the exclusive jurisdiction laid down in article 22(1) thereof, the decision of the court first seised would be recognised in the other member states in accordance with article 35(1) of that Regulation.’

WLR Daily, 3rd April 2014

Source: www.iclr.co.uk

Second bites at the cherry, defective witness statements and sanction: a practical view from the Bar – Littleton Chambers

Posted March 10th, 2014 in costs, electronic filing, electronic mail, expert witnesses, judgments, news, stay of proceedings, witnesses by sally

‘In his monthly column, James Bickford Smith discusses the Court of Appeal’s recent guidance on communications with judges after draft judgments are circulated, some interesting judicial
observations on defective witness statements, and the Commercial Court’s important relief from
sanctions decision in Re C (A Child) [2014] EWCA Civ 70.’

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Littleton Chambers, 7th March 2014

Source: www.littletonchambers.com

Summit Navigation Ltd and another v Generali Romania Asigurare Reasigurare SA and another – WLR Daily

Posted March 5th, 2014 in appeals, case management, civil procedure rules, costs, law reports, penalties, stay of proceedings, time limits by sally

Summit Navigation Ltd and another v Generali Romania Asigurare Reasigurare SA and another [2014] EWHC 398 (Comm); [2014] WLR (D) 104

‘All sanctions were not equal nor were they to be treated as equivalent to one another for the purposes of an application for relief from sanctions under CPR r 3.9.’

WLR Daily, 21st February 2014

Source: www.iclr.co.uk

High Court sends out strong warning against ‘tactical’ use of Mitchell – Litigation Futures

Posted February 24th, 2014 in case management, civil procedure rules, costs, news, stay of proceedings, time limits by sally

‘The Mitchell ruling is not to be used as a tactical weapon, the High Court has warned litigators in a case where its opprobrium was reserved for the conduct of the party on the other side of the default.’

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Litigation Futures, 21st February 2014

Source: www.litigationfutures.com

Judge orders UK ban of one HTC device but stays decision on ban of another – OUT-LAW.com

Posted December 5th, 2013 in intellectual property, news, patents, stay of proceedings, telecommunications by sally

‘An HTC mobile device will be banned from sale in the UK after Friday afternoon unless the company wins the right to appeal against the imposition of that ban on that timescale.’

Full story

OUT-LAW.com, 5th December 2013

Source: www.out-law.com

IPCom GmbH & Co KG v HTC Europe Co Ltd and others – WLR Daily

Posted November 28th, 2013 in appeals, law reports, patents, stay of proceedings by tracey

IPCom GmbH & Co KG v HTC Europe Co Ltd and others: [2013] EWCA Civ ;   [2013] WLR (D)  456

‘The Court of Appeal gave guidance concerning the circumstances in which an English court should grant a stay of patent proceedings pending the outcome of parallel proceedings in the European Patent Office.’

WLR Daily, 21st November 2013

Source: www.iclr.co.uk