striking out – Page 6 – Current Awareness

When service charges become indisputable – Nearly Legal

Posted August 22nd, 2018 in default judgments, landlord & tenant, news, service charges, striking out by sally

‘Tenants/Leaseholders can seek a determination of the payability and reasonableness of service charges under s.27A Landlord and Tenant Act 1985. It has been something of a question about how far back a challenge can extend in terms of service charge years. While this Upper Tribunal decision is not a complete answer, it does address some of the ways in a which a service charge can become unchallengeable.’

Nearly Legal, 19th August 2018

Source: nearlylegal.co.uk

‘It’s not fair on you to continue’ – judge kills off LiP’s epic claim – Law Society’s Gazette

Posted August 9th, 2018 in abuse of process, insolvency, litigants in person, news, striking out by tracey

‘A High Court judge has sought once and for all to close three-year proceedings brought by a litigant in person, saying it is not fair to use court time to indulge the matter any further.’

Law Society's Gazette, 9th August 2018

Source: www.lawgazette.co.uk

Court finds abuse of process did not affect limitation period – Law Society’s Gazette

Posted July 10th, 2018 in abuse of process, limitations, news, striking out, time limits by sally

‘The High Court has decided not to strike out a claim where an incorrect fee was paid days before the limitation period ended.’

Law Society's Gazette, 10th July 2018

Source: www.lawgazette.co.uk

Finance and Divorce Update, June 2018 – Family Law Week

Posted June 15th, 2018 in charging orders, costs, divorce, financial provision, jurisdiction, news, prenuptial agreements, striking out by tracey

‘Naomi Shelton, Associate, Mills & Reeve LLP considers the news and case law relating to financial remedies and divorce during May 2018.’

Family Law Week, 14th June 2018

Source: www.familylawweek.co.uk

Delayed service sufficient to strike out freezing orders – OUT-LAW.com

Posted May 17th, 2018 in appeals, banking, delay, documents, freezing injunctions, news, striking out by tracey

‘The Court of Appeal has upheld a decision to strike out freezing orders granted on behalf of French bank Société Générale (SocGen), after finding that the bank had taken too long to issue the relevant claim forms.’

OUT-LAW.com, 16th May 2018

Source: www.out-law.com

High Court refuses to strike out £1.2m family law negligence claim – Legal Futures

Posted May 16th, 2018 in law firms, negligence, news, striking out by sally

‘“Very real obstacles” faced by a family law client in bringing a negligence action against a Cheshire law firm did not mean that the claim should be struck out in its entirety, the High Court has ruled.’

Legal Futures, 16th May 2018

Source: www.legalfutures.co.uk

Senior partner who bungled hearing loss claims and lied to the court is struck off – Litigation Futures

Posted April 26th, 2018 in costs, disciplinary procedures, disqualification, news, professional conduct, solicitors, striking out, tribunals by sally

‘The senior partner of a personal injury firm who bungled 37 noise-induced hearing loss (NIHL) claims and lied to the court has been struck off by the Solicitors Disciplinary Tribunal (SDT).’

Litigation Futures, 25th April 2018

Source: www.litigationfutures.com

Litigant’s claim struck out for discussing case during break in giving evidence – a cautionary tale – Transparency Project

Posted April 19th, 2018 in appeals, BBC, employment tribunals, evidence, media, news, striking out, witnesses by sally

‘It’s one of the cardinal rules of court procedure: once you’ve entered the witness box and started to give evidence, you mustn’t discuss the case with anyone outside court, if there’s a break in the proceedings, until you’ve finished giving evidence.’

Transparency Project, 15th April 2018

Source: www.transparencyproject.org.uk

Litigant in person’s “tittle tattle” claim needs a proper hearing, says judge – Litigation Futures

Posted April 5th, 2018 in appeals, litigants in person, news, probate, striking out, summary judgments by sally

‘A litigant in person’s contentious probate claim, part of which was dismissed by a High Court master as “no more than tittle tattle”, needs a proper hearing, a judge has decided.’

Litigation Futures, 5th April 2018

Source: www.litigationfutures.com

Not for the court to redraft pleadings, High Court says as it strikes out defence – Litigation Futures

Posted April 3rd, 2018 in documents, drafting, news, pleadings, striking out by sally

‘It is not the court’s role to redraft pleadings in the hope of producing an “intelligible defence”, the High Court has said.’

Litigation Futures, 29th March 2018

Source: www.litigationfutures.com

Aktas v Adepta and the Difficulty of Applying to Strike out “Second” Claim Forms – Zenith Chambers

Posted March 16th, 2018 in abuse of process, civil procedure rules, negligence, news, service, striking out, time limits by sally

‘The decision of the Court of Appeal in the cases of Aktas v Adepta and Dixie v British Polythene Industries Limited [2010] EWCA Civ 1170 sets a demanding test for Defendants seeking to strike out “second” Claim Forms where service of a “first” Claim Form has failed.’

Zenith Chambers, 5th March 2018

Source: www.zenithchambers.co.uk

Aktas v Adepta and the difficulty of applying to strike out “second” claim forms – Zenith PI

Posted March 8th, 2018 in appeals, civil procedure rules, claims management, news, striking out by tracey

‘The decision of the Court of Appeal in the cases of Aktas v Adepta [2010] EWCA Civ 1170 sets a demanding test for Defendants seeking to strike out “second” Claim Forms where service of a “first” Claim Form has failed.’

Zenith PI, 5th March 2018

Source: zenithpi.wordpress.com

Appeal judges reject Saudi prince’s bid to halt claim due to unpaid costs order – Litigation Futures

Posted January 9th, 2018 in appeals, costs, news, royal family, striking out by sally

‘The Court of Appeal has rejected an application by a son of the late King Fahd of Saudi Arabia that one of his father’s former wives pay an outstanding £250,000 costs order or have her £15m claim stayed or struck out.’

Litigation Futures, 9th January 2018

Source: www.litigationfutures.com

Court of Appeal refuses to strike out restitutionary s.117 after-care claim – Local Government Lawyer

Posted December 19th, 2017 in appeals, civil procedure rules, judicial review, news, striking out by sally

‘A local authority and a clinical commissioning group have failed to convince the Court of Appeal that a restitutionary claim for payment of after-care services should be struck out as an abuse of process.’

Local Government Lawyer, 18th December 2017

Source: www.localgovernmentlawyer.co.uk

Undercover police officers: how far does their legal liability go? – UK Human Rights Blog

Posted December 11th, 2017 in children, compensation, misfeasance in public office, negligence, news, police, psychiatric damage, striking out by sally

‘The High Court has refused an application to strike out a claim in negligence and misfeasance in public office taken by someone born as a result of a liaison between an activist in the animal liberation movement and a man who subsequently turned out to be an undercover police officer.’

UK Human Rights Blog, 8th December 2017

Source: ukhumanrightsblog.com

Strike-off for legal aid fraud solicitor who also let untraceable junior staff member into firm – Legal Futures

Posted November 28th, 2017 in conspiracy, disciplinary procedures, fraud, legal aid, news, solicitors, striking out by sally

‘The head of a Bradford law firm has been struck off after being convicted of conspiracy to defraud the Legal Aid Agency (LAA) and also failing to supervise an unpaid junior member of staff who is suspected of producing fraudulent decree absolutes – and whose surname nobody at the firm can remember.’

Legal Futures, 28th November 2017

Source: www.legalfutures.co.uk

What effect can exaggeration have on your damages claim: strike out or percentage reduction in damages? – Zenith PI

Posted November 15th, 2017 in damages, news, psychiatric damage, striking out by tracey

‘The Court of Appeal considered the point in FLETCHER v KEATLEY (by his LF) [2017] EWCA Civ 1540 (a decision from 12.10.2017) and followed guidance in Summers v Fairclough Homes Ltd [2012] UKSC 26.’

Zenith PI, 13th November 2017

Source: zenithpi.wordpress.com

High Court questions growing use of standstill agreements – Litigation Futures

Posted October 3rd, 2017 in agreements, negligence, news, stay of proceedings, striking out by sally

‘The High Court has questioned the growing use of standstill agreements in litigation, saying they are “potentially just another self-inflicted complication” when it would be simpler to apply for a stay.’

Litigation Futures, 3rd October 2017

Source: www.litigationfutures.com

Pre-action admission of contractual liability (Susan Elisabeth Wood v Days Healthcare UK Ltd) – Hardwicke Chambers

Posted August 22nd, 2017 in appeals, contracts, news, striking out, summary judgments by sally

‘Dispute Resolution analysis: Colm Nugent, barrister at Hardwicke Chambers, explains why the appeal court will not readily countenance a complete change of case on an appeal when the claim or defence as advanced has been struck out, or summary judgment given.’

Hardwicke Chambers, 15th August 2017

Source: www.hardwicke.co.uk

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