‘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”.’
The Independent, 28th April 2022
Source: www.independent.co.uk
‘A claimant suing his solicitors for negligence in how they pursued a claim for negligence against other solicitors has failed in his application for permission to appeal a ruling that refused summary judgment in his favour.’
Legal futures, 18th January 2022
Source: www.legalfutures.co.uk
‘The High Court has granted summary judgment in favour of a law firm and its senior partner and dismissed a £2.7m negligence claim.’
Legal Futures, 7th September 2021
Source: www.legalfutures.co.uk
‘Traditionally, claims against financial institutions involving allegations of fraud, LIBOR manipulation and unlawful means conspiracy have not been amenable to strike out or summary determination. However, the English courts are increasingly demonstrating a willingness to use the interim remedies of summary judgment and strike out involving allegations of fraud without the need for a full trial, in “appropriate” cases.’
Littleton Chambers, 7th April 2021
Source: littletonchambers.com
‘Writing on this blog almost exactly four years ago, David Pliener noted a potentially interesting change in the TCC’s approach to enforcing adjudicators’ decisions. In the case of Ground Developments Ltd v FCC Construction, Fraser J signalled that, perhaps, a claimant applying for summary judgment to enforce an adjudicator’s decision might not need to meet the summary judgment test after all. Now that Ground Developments has had time to mature, it might be a good time to check in and see how things have gone since. Has Fraser J’s judgment heralded a brave new world?’
Practical Law: Construction Blog, 15th December 2020
‘A High Court judge has roundly criticised witness statements prepared for an application for summary judgment in a major piece of tax litigation, saying far too much time and money was spent on them.’
Litigation Futures, 1st July 2020
Source: www.litigationfutures.com
‘A solicitor who served proceedings on a council by post two days after lockdown had gone into effect showed “poor judgement”, a High Court judge has ruled.’
Litigation Futures, 29th June 2020
Source: www.litigationfutures.com
‘An application for the approval of reserved matters does not amount to a new application for planning permission.’
Tanfield Chambers, 28th May 2020
Source: www.tanfieldchambers.co.uk
‘A High Court judge has rejected a developer’s application for summary judgment of its claim for a declaration that residential development of land in Holt, Norfolk was not bound by obligations contained in a section 106 agreement.’
Local Government Lawyer, 9th March 2020
Source: www.localgovernmentlawyer.co.uk
‘Notting Hill Finance Ltd v Sheikh (2019) EWCA Civ 1337. The court of appeal looks at circumstances in which new points can be raised on appeal, where a possession order has been made on a summary basis under CPR Part 55, concluding that there is no test that the case is “exceptional”.’
Nearly Legal, 6th October 2019
Source: nearlylegal.co.uk
‘For the litigators among you, it is also summer recess in the courts, which means there is often very little new to write about. Therefore, I was quite pleased to see Waksman J’s judgment in ICCT Ltd v Sylvein Pinto, which dates from earlier in the year but only recently became available. If you are unfamiliar with this judgment, it is certainly a case of “homeowners beware”.’
Practical Law: Construction Blog, 14th August 2019
‘We will all be familiar with the questions asked and answered by solicitors in the lead up to the purchase of a house. For commercial property the same process is carried out but the stakes, at least financially, can be even higher. Pre-contract correspondence between solicitors can be a fertile ground for possible misrepresentation claims if a development does not go well. The recent case of Wilson & Sharp Investments Ltd v Falmouth Property Investments Ltd raises some interesting points of law concerning misrepresentation claims, particularly between developers, and also important issues of procedure for summary judgment applications.’
Practical Law: Construction Blog, 19th June 2019
‘Two national newspaper groups have obtained summary judgment over libel claims brought by a former senior social worker.’
Local Government Lawyer, 16th January 2019
Source: www.localgovernmentlawyer.co.uk
‘The High Court has rejected an application for summary judgment by a medical reporting agency seeking to reclaim almost £1.6m in fees from a law firm.’
Litigation Futures. 30th July 2018
Source: www.litigationfutures.com
‘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
‘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
‘In Dodd v Raebarn Estates Ltd and others [2017] EWCA Civ 439 the Court of Appeal gave brief but useful guidance on the correct approach to summary judgment applications.’
Zenith PI Blog, 10th July 2017
Source: zenithpi.wordpress.com
‘Every time we think the courts might have given defendants in adjudication enforcement proceedings slightly more latitude in raising their dissatisfaction with an adjudicator’s decision, the court brings us back down to earth with a bump and reminds us that, in fact, no matter how hard done by our clients feel, they will have to “pay now and argue later”, save in the rarest of cases.’
Hardwicke Chambers, 27th March 2017
Source: www.hardwicke.co.uk
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