‘An appeal case from the High Court has clarified the position post-Hussain v Amin Charters in respect of road traffic insurers putting claimants to proof due to concerns about fraud.’
Park Square Barristers, 31st March 2015
Source: www.parksquarebarristers.co.uk
‘The High Court has ruled that when long-running employment tribunal hearing collapsed as the result of the judge’s recusal due to apparent bias the claimants in the action could not obtain damages for wasted costs under section 6 of the Human Rights Act (HRA) 1998 (specifically Article 6, the right to a fair trial) or the EU Charter.’
UK Human Rights Blog, 25th February 2015
Source: www.ukhumanrightsblog.com
‘The Mitchell principles, restated in Denton, have a “direct bearing” on whether courts should impose strike-outs for non-compliance, the Court of Appeal has ruled.’
Litigation Futures, 16th December 2014
Source: www.litigationfutures.com
‘Despite solicitors for three claimants failing to pay the relevant court fees, failing to file a pre-trial checklist, and failing to prepare a trial bundle (which caused the trial window to be lost) it was nonetheless inappropriate to strike out the claim- the case was all but ready for trial and the claim was not insubstantial.’
Zenith PI Blog, 21st November 2014
Source: www.zenithpi.wordpress.com
‘Where a claim of race discrimination had been dismissed on limitation grounds those allegations could not be repeated in a second claim together with additional allegations which could have been included in the first claim but had not been, in order to avoid the limitation defence by founding a claim based on conduct extending over a period of time. The second claim was an abuse of process.’
WLR Daily, 24th June 2014
Source: www.iclr.co.uk
‘God, we are told, loves a trier. Perhaps fortunately, the Court of Appeal takes a less emollient approach with an unlawful money lender who has been repeatedly featured on this site.’
NearlyLegal, 23rd April 2014
Source: www.nearlylegal.co.uk
‘In the brave new world created by the Court of Appeal decision in Mitchell v Newsgroup Newspapers Ltd [2013] EWCA Civ 1537, claimants whose claims have been struck out for failure to comply with a rule, practice direction or order are honing in on second actions as a way of bringing their litigation back to life. The threatened slew of professional negligence suits post-Mitchell could be avoided if lawyers subject to a Mitchell strike-out are able to placate their clients by simply re-issuing proceedings against the defendant.’
Hardwicke Chambers, 13th March 2014
Source: www.hardwicke.co.uk
‘The Solicitors Disciplinary Tribunal (SDT) has taken the unusual step of striking out a case against two solicitors in the middle of the hearing, after the integrity of the investigation by the Solicitors Regulation Authority (SRA) was thrown into question.’
Legal Futures, 14th March 2014
Source: www.legalfutures.co.uk
‘A High Court judges has sent a strong message to county courts about dealing with applications for relief from sanctions in a case where “a wholesale and flagrant disregard” of directions occurred.’
Litigation Futures, 25th November 2013
Source: www.www.litigationfutures.com
“The case of Mr John Scarborough v Canterbury Christ Church University (Scarborough) which was recently decided carries potentially significant implications in terms of bringing a case that may fall under separate heads of action.This article discusses this decision and its practical effect on future litigation.”
Hardwicke Chambers, 7th November 2013
Source: www.hardwicke.co.uk
“An increasing number of reports are emerging of hardline decisions by district judges over non-compliance with the CPR or breach of orders and directions.”
Litigation Futures, 19th November 2013
Source: www.litigationfutures.com
W H Newson Holding Ltd and others v IMI plc and others [2013] EWCA Civ 1377: [2013] WLR (D) 432
“On its true interpretation, section 47A of the Competition Act 1998, which permitted a claimant to bring a follow-on claim to recover damages based on a finding of an infringement of competition law by the Commission of the European Union, permitted a claimant to bring a conspiracy claim provided that all the ingredients of the cause of action could be established by infringement findings in the Commission’s decision.”
WLR Daily, 12th November 2013
Source: www.iclr.co.uk
“On the 13th May 2003 whilst acting in the course of his employment with Fairclough Homes Limited (‘Fairclough’), Shaun Summers (‘Mr Summers’) fell from a truck and sustained both a fractured bone in his right hand and a fractured left heel bone. On the 28th October 2003 Fairclough admitted liability for the accident through its insurers (‘the admission’). Mr Summers went on to issue a claim for personal injury and associated losses on the 10th May 2006 but, having examined his medical records (which appeared to cast doubt on Mr Summers’ account of the accident), Fairclough applied for permission to withdraw their admission and served an Amended Defence in relation to liability. On the 28th August 2007, following a trial before HHJ Tetlow (‘the Judge’), Mr Summers obtained judgment against Fairclough with damages to be assessed.”
Sovereign Chambers, 25th September 2013
Source: www.sovereignchambers.co.uk
Binns and another v Firstplus Financial Group plc [2013] EWHC 2436 (QB); [2013] WLR (D) 361
“Where a claimant had obtained an award pursuant to alternative dispute resolution (‘ADR’) and subsequently brought a civil claim where the only potential advantage in bringing that litigation was the possibility of an additional award in respect of legal costs, the claim was to be struck out under CPR r 3.4(2).”
WLR Daily, 24th July 2013
Source: www.iclr.co.uk
Singh v Reading Borough Council [2013] EWCA Civ 909; [2013] WLR (D) 306
“An employer’s improper activities in gathering evidence for the purpose of defending a claim of discrimination brought by an employee were not covered by judicial proceedings immunity.”
WLR Daily, 25th July 2013
Source: www.iclr.co.uk
“Sian Cox, barrister, Harcourt Chambers analyses the court’s power to strike out in family proceedings and considers in the light of the Court of Appeal judgment in Vince v Wyatt, the circumstances in which such applications may succeed.”
Family Law Week, 29th May 2013
Source: www.familylawweek.co.uk
“Morshead Mansions has been involved in a quite astonishing amount of litigation. Bailii throws up 13 hits, cases in the LVT, Lands Tribunal, High Court and Court of Appeal. It’s really must be the most awful burden on all those involved. And now, there is another case to add to the list, Di Marco v Morshead Mansions Ltd [2013] EWHC 1068 (Ch).”
NearlyLegal, 14th May 2013
Source: www.nearlylegal.co.uk
Wyatt v Vince: [2013] EWCA Civ 495; [2013] WLR (D) 166
“The court should not allow either party to a former marriage to be harassed by claims for financial relief which were issued many years after the divorce and had no real prospect of success. Such claims should be struck out under FPR r 4.4(1)(b) as an abuse of process.”
WLR Daily, 8th May 2013
Source: www.iclr.co.uk
“It seems that the courts – and in particular Central London Court – are taking an increasingly intolerant approach to fraudulent and exaggerated claims, and are visiting the consequences of such claims on the solicitors, as well as the unsuccessful claimant.”
Hardwicke Chambers, 18th April 2013
Source: www.hardwicke.co.uk
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