“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
“The Government has set out plans to ‘streamline’ the employment tribunal system, which will include a new power to ‘strike out’ claims with little chance of success before they proceed to a full hearing.”
OUT-LAW.com, 18th March 2013
Source: www.out-law.com
“The Court of Appeal has refused an appeal against the strike out of a libel claim against the BBC in relation to a review of an electric sports car by the ‘Top Gear’ programme. The judge below had been correct in concluding that there was no sufficient prospect of the manufacturer recovering a substantial sum of damages such as to justify continuing the case to trial.”
UK Human Rights Blog, 6th March 2013
Source: www.ukhumanrightsblog.com
“The decision is of significance, because it is the first strike out of a fraudulent/exaggerated claim following the Supreme Court’s ruling in Summers v Fairclough Homes Limited [2012] 1 WLR 2004. Summers is authority for the proposition that under CPR 3.4(2) the court has power to strike out a statement of case on the ground that it is an abuse of process at any stage in the proceedings, including – but in very exceptional circumstances – at the end of a trial.”
Hardwicke Chambers, 31st February 2013
Source: www.hardwicke.co.uk
“The High Court has overturned a cost judge’s ruling that a redacted after-the-event (ATE) insurance certificate did not comply with the Costs Practice Direction (CPD) because it did not show what premiums would have been payable had the case concluded earlier than it did.”
Litigation Futures, 6th December 2012
Source: www.litigationfutures.com
“In this age of active case management, judges are rightly expected to take a robust approach to dealing with the cases before them. But sometimes robustness can be taken too far – as illustrated by the Court of Appeal’s recent decision in Labrouche v Frey [2012] EWCA Civ 881, [2012] All ER (D) 33 (Jul).”
Halsbury’s Law Exchange, 23rd July 2012
Source: www.halsburyslawexchange.co.uk
“The rule against reflective loss and the extent to which a shareholder could sue for loss primarily suffered by and primarily belonging to a company did not extend to loss suffered by holders of a debenture.”
WLR Daily, 16th July 2012
Source: www.iclr.co.uk
“In an interesting ruling on a strike-out action against a libel claim, a High Court judge has delineated the scope for defamation in blog posts and discussion threads where the audience is small and the libel limited.”
UK Human Rights Blog, 16th May 2012
Source: www.ukhumanrightsblog.com
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
Adams and others v Ford and others [2012] EWCA Civ 544; [2012] WLR (D) 125
“It was not right to lay down a categorical rule that the issue of proceedings without valid authority from a claimant ought necessarily to amount to an abuse of the process of the court. The principle in Presentaciones Musicales SA v Secunda [1994] Ch 271, that a claimant could ratify and adopt proceedings started in his name by a solicitor without authority, remained binding on the court.”
WLR Daily, 26th April 2012
Source: www.iclr.co.uk
“An author who tried to sue a father of three from the West Midlands over comments made in a series of unfavourable reviews on Amazon is facing a six figure legal bill after a judge struck out his case.”
The Indpendent, 4th April 2012
Source: www.independent.co.uk
“A severely disabled man with ‘locked-in syndrome’ has urged a judge not to decide to halt his High Court action to let a doctor end his life.”
BBC News, 8th February 2012
Source: www.bbc.co.uk
“The Employment Tribunal system is under attack! It is regularly exposed to criticism as being inefficient, costing those who participate in it too much money and amounting to a disproportionate burden on business. Such criticism has been made all the more fiercely of late both because of the economic climate and also because the Government has been reviewing the Employment Tribunal system with the express aim of reducing the burden placed on business by it.”
Full story (PDF)
11 KBW, 10th November 2011
Source: www.11kbw.com
Millburn-Snell and others v Evans [2011] EWCA Civ 577; [2011] WLR (D) 179
“To bring a claim on behalf of an intestate’s estate a claimant should first obtain a grant of administration as a claim purportedly brought by a claimant without a grant of administration was an incurable nullity. CPR r 19.8(1) did not confer on the court jurisdiction to correct deficiencies in the manner in which proceedings had been instituted. It was concerned only with directions for the forward prosecution towards trial of validly instituted proceedings.”
WLR Daily, 25th May 2011
Source: www.iclr.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.
“A High Court judge has ruled that the Tchenguiz brothers can sue Kaupthing Bank for £1bn ($1.6bn) damages.”
BBC News, 16th March 2011
Source: www.bbc.co.uk
In re Stakefield (Midlands) Ltd and others [2010] WLR (D) 249
“A defendant to disqualification proceedings brought by the Secretary of State for Business, Enterprise and Regulatory Reform would not be entitled to have the proceedings struck out on the basis that the Secretary of State had committed a breach of duty by failing to obtain evidence or otherwise to investigate. Where, however imperfect the investigations might have been, the Secretary of State had in fact assembled evidence of a defendant’s unfitness to be concerned in the management of a company, it was for the court to determine at trial whether the Secretary of State had made out his case.”
WLR Daily, 13th October 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.
“The High Court has thrown out a defamation claim brought against the Daily Telegraph by tennis player Robert Dee, who claimed the paper had defamed him by dubbing him the ‘world’s worst tennis pro’.”
The Lawyer, 28th April 2010
Source: www.thelawyer.com
Enron Coal Services Ltd (in liquidation) v English Welsh and Scottish Railway Ltd
Court of Appeal
“A challenge to a finding by a regulator of infringement of a prohibition, including the prohibition on the abuse of a dominant position, should be made to the Competition Appeal Tribunal under section 46 of the Competition Act 1998. A claim for damages based on a definitive finding of infringement by a regulator was to be made under section 47A of the 1998 Act, as inserted by section 18(1) of the Enterprise Act 2002.”
Source: www.timesonline.co.uk
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