Category: striking out

Wasted costs ordered against solicitor and counsel and case struck out – Free Movement

Posted May 15th, 2015 in barristers, costs, judicial review, law firms, news, striking out, tribunals, wasted costs orders by tracey

‘In the case of R (on the application of SN) v Secretary of State for the Home Department (striking out – principles) IJR [2015] UKUT 227(IAC) the President of the Upper Tribunal Immigration and Asylum Chamber not only strikes out the applicant’s judicial review claim but also goes on to make a wasted costs order against both the solicitors and counsel involved in the case.’

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Free Movement, 14th May 2015

Source: www.freemovement.org.uk

Appeal court upholds strike-out of litigant-in-person’s claim over non-compliance – Litigation Futures

Posted May 15th, 2015 in expert witnesses, litigants in person, news, personal injuries, psychiatric damage, striking out by tracey

‘A litigant-in-person has lost his claim for psychiatric injury against the Stobart Group and associated companies over his failure to serve a medical report.’

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Litigation Futures, 15th May 2015

Source: www.litigationfutures.com

“Fundamental dishonesty” and striking out in personal injury cases: ten key procedural points – Zenith PI

Posted May 12th, 2015 in fundamental dishonesty, news, personal injuries, striking out by tracey

‘The rule as to “fundamental” dishonesty has attracted a lot of attraction (and a lot of heated debate). However there has been very little examination of the details of the Act and the consequent procedural consequences. There are 10 key points which every personal injury litigator must be aware of.’

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Zenith PI, 9th May 2015

Source: www.zenithpi.wordpress.com

Setting up special purpose vehicle to pursue debts “not champertous”, High Court rules – Litigation Futures

Posted May 7th, 2015 in champerty, debts, news, striking out by sally

‘Setting up a company as a special purpose vehicle to pursue an individual and his family for debts, including through the courts, does not amount to champerty, the High Court has ruled.’

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Litigation Futures, 7th May 2015

Source: www.litigationfutures.com

Legal professional privilege was waived, High Court rules in probate dispute – Litigation Futures

Posted April 17th, 2015 in legal profession, negligence, news, privilege, striking out by sally

‘The High Court has rejected an application to strike out part of a negligence claim on the grounds that they referred to matters protected by legal professional privilege.’

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Litigation Futures, 16th April 2015

Source: www.litigationfutures.com

No duty of care in allocation decisions – Nearly Legal

Posted April 7th, 2015 in duty of care, health, housing, news, striking out by sally

‘Can a council’s failure to carry out its responsibilities under its allocation scheme be the subject of a claim in breach of duty of care? This was the hearing of the Defendant’s application to strike out a claim on exactly that issue.’

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Nearly Legal, 4th April 2015

Source: www.nearlylegal.co.uk

Pleadings and putting to proof – an update – Park Square Barristers

Posted April 2nd, 2015 in appeals, fraud, insurance, news, road traffic, striking out by sally

‘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.’

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Park Square Barristers, 31st March 2015

Source: www.parksquarebarristers.co.uk

No entitlement to human rights damages after ‘caste discrimination’ case collapse – UK Human Rights Blog

Posted February 25th, 2015 in appeals, costs, damages, employment tribunals, human rights, immunity, judges, news, race discrimination, recusal, religious discrimination, striking out, wasted costs orders by sally

‘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.’

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UK Human Rights Blog, 25th February 2015

Source: www.ukhumanrightsblog.com

Mitchell and Denton have “direct bearing” on strike-outs for non-compliance – Litigation Futures

Posted December 16th, 2014 in civil procedure rules, news, sanctions, striking out by tracey

‘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.’

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Litigation Futures, 16th December 2014

Source: www.litigationfutures.com

The consequences of non payment of Court fees and the failure to file trial bundles – A recent case considered – Zenith PI Blog

Posted November 24th, 2014 in case management, delay, fees, news, solicitors, striking out by sally

‘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.’

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Zenith PI Blog, 21st November 2014

Source: www.zenithpi.wordpress.com

QC wins High Court battle to be paid £100,000 fee – Legal Futures

Posted September 26th, 2014 in barristers, contracts, professional conduct, remuneration, striking out by tracey

‘The High Court has ordered a Jersey lawyer to pay an English barrister’s fee, dismissing a claim that the fee was an honorarium which was not legally enforceable.’

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Legal Futures, 26th September 2014

Source: www.legalfutures.co.uk

Agbenowossi-Koffi v Donvand Ltd (t/a Gullivers Travel Associates) – WLR Daily

Posted June 27th, 2014 in abuse of process, appeals, employment, employment tribunals, estoppel, harassment, law reports, limitations, race discrimination, striking out by tracey

Agbenowossi-Koffi v Donvand Ltd (t/a Gullivers Travel Associates): [2014] EWCA Civ 855; [2014] WLR (D) 282

‘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

Oh Mr Ghopee – NearlyLegal

Posted April 23rd, 2014 in appeals, consumer credit, licensing, loans, news, striking out by sally

‘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.’

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NearlyLegal, 23rd April 2014

Source: www.nearlylegal.co.uk

A second bite of the cherry: Can a claimant bring a fresh claim having failed to obtain relief from sanctions? – Hardwicke Chambers

Posted April 8th, 2014 in abuse of process, appeals, civil procedure rules, news, retrials, sanctions, striking out by sally

‘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.’

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Hardwicke Chambers, 13th March 2014

Source: www.hardwicke.co.uk

Flawed SRA investigation leads tribunal to strike out case – Legal Futures

Posted March 14th, 2014 in disciplinary procedures, news, solicitors, Solicitors Regulation Authority, striking out by tracey

‘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.’

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Legal Futures, 14th March 2014

Source: www.legalfutures.co.uk

High Court sends clear message to judges on granting relief from sanctions – Litigation Futures

Posted November 25th, 2013 in negligence, news, personal injuries, road traffic, striking out by tracey

‘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.’

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Litigation Futures, 25th November 2013

Source: www.www.litigationfutures.com

Student litigation – Choosing the right words – Hardwicke Chambers

Posted November 19th, 2013 in abuse of process, damages, disability discrimination, dyslexia, news, special educational needs, striking out, universities by sally

“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.”

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Hardwicke Chambers, 7th November 2013

Source: www.hardwicke.co.uk

District judges taking hardline approach to Jackson enforcement – Litigation Futures

Posted November 19th, 2013 in appeals, civil procedure rules, disclosure, judiciary, news, striking out by sally

“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.”

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Litigation Futures, 19th November 2013

Source: www.litigationfutures.com

W H Newson Holding Ltd and others v IMI plc and others – WLR Daily

Posted November 14th, 2013 in appeals, competition, conspiracy, jurisdiction, law reports, striking out, tribunals by tracey

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

Fairclough v Summers – An abuse of Process – Sovereign Chambers

Posted October 8th, 2013 in abuse of process, appeals, civil procedure rules, damages, fraud, news, personal injuries, striking out by sally

“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.”

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Sovereign Chambers, 25th September 2013

Source: www.sovereignchambers.co.uk