Category: striking out

Judge throws out DeepMind NHS data action – Law Society’s Gazette

Posted May 23rd, 2023 in civil procedure rules, class actions, internet, medical records, misuse of private information, news, striking out by sally

‘A representative claim on behalf of 1.6 million people whose medical records were drawn upon to help Google subsidiary DeepMind develop an app has been thrown out by the High Court because of the claimants’ differing circumstances. Ruling in Prismall v Google UK & Anor, Mrs Justice Heather Williams DBE found that the claim failed the ‘same interest’ requirement set out in the civil procedure rules.’

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Law Society's Gazette, 22nd May 2023

Source: www.lawgazette.co.uk

Wasted Costs in the Commercial Court – Hailsham Chambers

Posted April 13th, 2023 in barristers, Commercial Court, news, solicitors, striking out, wasted costs orders by sally

‘In King v Stiefel (Wasted Costs) [2023] EWHC 453 (Comm), the Commercial Court emphatically rejected applications for wasted costs against a barrister and his instructing solicitors, in relation to a claim which had been struck out. The case is a good example of how difficult it is to obtain a wasted costs order against lawyers. William Flenley KC acted for the successful solicitors.’

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Hailsham Chambers, 8th March 2023

Source: www.hailshamchambers.com

Owen v Black Horse Limited [2023] EWCA Civ 325 – No Strike Out Despite the Claimant’s Absence at Trial – Pump Court Chambers

Posted March 31st, 2023 in appeals, chambers articles, civil procedure rules, consumer credit, insurance, interpretation, legal representation, news, small claims, striking out by sally

‘The Court of Appeal has interpreted the rules for non-attendance on the small claims track in a manner consistent with rule 39.3 in finding that an absent Claimant nevertheless “appeared” at his trial, through his legal representative.’

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Pump Court Chambers, 29th March 2023

Source: www.pumpcourtchambers.com

Tory peer wins legal battle against former employee who accused him of ‘victimisation’ – Daily Telegraph

Posted February 16th, 2023 in audio recordings, employment, evidence, news, striking out, victimisation by sally

‘Employment judge found woman acted dishonestly by destroying a phone which contained a covert recording of conversation with Lord Ranger.’

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Daily Telegraph, 15th February 2023

Source: www.telegraph.co.uk

Costs protection still in place for last-minute discontinuance, rules CoA – Law Society’s Gazette

Posted January 19th, 2023 in civil procedure rules, costs, news, personal injuries, striking out by tracey

‘A claimant who discontinued his personal injury case on the morning of trial should still be entitled to costs protection, the Court of Appeal has ruled.’

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Law Society’s Gazette, 18th January 2023

Source: www.lawgazette.co.uk

Ruling supports ‘bad faith’ trade mark counterclaims – OUT-LAW.com

Posted November 8th, 2022 in news, striking out, trade marks by sally

‘Assertions that a trade mark has been registered in bad faith should be assumed to be true unless the trade mark holder can provide evidence to demonstrate otherwise, the Court of Appeal has said.’

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OUT-LAW.com, 7th November 2022

Source: www.pinsentmasons.com

Failure to remove claims now harder to strike out – Local Government Lawyer

Posted September 16th, 2022 in appeals, child abuse, child cruelty, child neglect, children, families, local government, negligence, news, striking out by tracey

‘Claimants in two unconnected cases recently won their appeals over the striking out of their claims in negligence brought against the local authorities arising out of the exercise of their statutory functions under the Children Act 1989. Sarah Erwin-Jones and Louse Fisher consider the implications of this decision.’

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Local Government Lawyer, 16th September 2022

Source: www.localgovernmentlawyer.co.uk

Court of Appeal reopens claims on child abuse duty of care – Law Society’s Gazette

Posted September 2nd, 2022 in appeals, child abuse, child neglect, children, duty of care, local government, negligence, news, striking out by tracey

‘The Court of Appeal has ruled that negligence claims against local authorities over their duty of care to abused children must be heard in court.’

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Law Society's Gazette, 1st September 2022

Source: www.lawgazette.co.uk

Court of Appeal warns of “perverse incentives” from litigation funding – Legal Futures

Posted July 29th, 2022 in appeals, class actions, competition, costs, news, striking out, third parties, transport, tribunals by sally

‘The Court of Appeal yesterday highlighted the importance of judicial control over costs to ensure that the involvement of third-party litigation funders does not create perverse incentives.’

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Legal Futures, 29th July 2022

Source: www.legalfutures.co.uk

No diplomatic immunity in modern slavery cases, Supreme Court rules – BBC News

Posted July 8th, 2022 in appeals, civil justice, diplomats, employment, employment tribunals, forced labour, immunity, news, Saudi Arabia, striking out, Supreme Court, trafficking in human beings by sally

‘The UK Supreme Court has ruled that diplomats cannot hide behind immunity to exploit workers, in a victory for campaigners against modern slavery.’

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BBC News, 7th July 2022

Source: www.bbc.co.uk

New Judgment: Basfar v Wong [2022] UKSC 20 – UKSC Blog

Posted July 8th, 2022 in appeals, civil justice, diplomats, employment, employment tribunals, forced labour, immunity, news, Saudi Arabia, striking out, Supreme Court, trafficking in human beings by sally

‘The Appellant (a national of the Philippines) is a migrant domestic worker who worked in the household of the Respondent, a diplomat representing the Kingdom of Saudi Arabia in the United Kingdom. Ms Wong claims to be a victim of human trafficking who was forced to work for Mr Basfar and his family in circumstances of modern slavery after they brought her with them to the UK in August 2016.’

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UKSC Blog, 6th July 2022

Source: ukscblog.com

Litigant in person can sue law centre and barrister for negligence – Legal Futures

Posted July 5th, 2022 in barristers, law centres, limitations, litigants in person, negligence, news, sale of land, striking out by sally

‘A litigant in person is not statute-barred from suing a law centre and barrister for professional negligence, a High Court master has ruled.’

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Legal Futures, 5th July 2022

Source: www.legalfutures.co.uk

Law firm fails in summary judgment bid over negligence claim – Legal Futures

Posted June 13th, 2022 in barristers, compensation, employment tribunals, law firms, negligence, news, striking out, summary judgments by tracey

‘A law firm being sued for more than £2m over a failure to advise properly has failed in its bid for summary judgment over several of the allegations made against it.’

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Legal Futures, 13th June 2022

Source: www.legalfutures.co.uk

Case Management Order unintentionally struck out claim – 3PB

Posted May 24th, 2022 in appeals, case management, employment tribunals, litigants in person, news, striking out by sally

‘It is commonplace – as the President of the EAT observed in this appeal – for ETs, carrying out their case management functions at a private preliminary hearing, to seek to clarify the claims that are being pursued and to draw up a list of issues to be determined at the full merits hearing in order to decide those claims. In the present case, such a task came before an EJ sitting alone at a closed preliminary hearing – together with a great quantity of material including a document setting out the claimant’s grounds of complaint over some 64 pages.’

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3PB, 3rd May 2022

Source: www.3pb.co.uk

Actor Ricky Tomlinson opposing bid to have ‘hacking’ claim thrown out of court – The Independent

Posted April 29th, 2022 in damages, disclosure, interception, media, news, privacy, striking out, summary judgments, telecommunications by tracey

‘Actor Ricky Tomlinson has described an attempt by a newspaper publisher to have his claim against it over unlawful information gathering thrown out of court as “outrageous and disgusting”.’

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The Independent, 28th April 2022

Source: www.independent.co.uk

Judge could hand down judgment despite settlement – Legal Futures

Posted April 20th, 2022 in accidents, expert witnesses, insurance, judges, judgments, news, personal injuries, road traffic, striking out by sally

‘A deputy master could hand down her judgment on a case that had been heard but settled the day before she was due to circulate a draft judgment striking out the claims.’

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Legal Futures, 20th April 2022

Source: www.legalfutures.co.uk

SRA rebukes leading class action firm over conduct of struck-out claim – Legal Futures

Posted April 5th, 2022 in airlines, carriage by air, class actions, law firms, news, Solicitors Regulation Authority, striking out by sally

‘Class action firm Hausfeld has been rebuked by the Solicitors Regulation Authority (SRA) for allowing its independence to be compromised in the conduct of a massive group claim.’

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Legal Futures, 5th April 2022

Source: www.legalfutures.co.uk

Raising a criminal case in the civil courts – St John’s Chambers

Posted February 11th, 2022 in chambers articles, civil justice, civil procedure rules, criminal justice, disclosure, domestic violence, families, forfeiture, murder, news, police, striking out, unlawful killing by sally

‘Allegations of criminal behaviour are normally tried in the criminal courts. But where a crime is either not prosecuted, or cannot be proved beyond reasonable doubt, the question may end up being tried in a civil court, even where the allegation is as serious as it could be, such as murder. This may cause difficulties where the evidence relied upon has been obtained by a third party, such as a police force whether in England or abroad, and the claimant is not in a position to give a detailed account of the allegation until that evidence is available.’

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St John's Chambers, 1st February 2022

Source: www.stjohnschambers.co.uk

“Warehoused” case against law firm struck out – Legal Futures

Posted January 18th, 2022 in abuse of process, conspiracy, fraud, law firms, negligence, news, striking out by tracey

‘The High Court has struck out a professional negligence claim against a London law firm that it decided had been “warehoused”.’

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Legal Futures, 18th January 2022

Source: www.legalfutures.co.uk

High Court strikes out law professor’s libel claims – Legal Futures

Posted January 10th, 2022 in defamation, disciplinary procedures, employment, employment tribunals, malicious falsehood, news, striking out, unfair dismissal, universities by tracey

‘The High Court has struck out libel claims made by a former Warwick University law professor against two fellow academics, an investigator and a law student.’

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Legal Futures, 10th January 2022

Source: www.legalfutures.co.uk