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Civil Litigation Updates

Credit Card User Strikes Blow for Consumer Rights

Published on: 03 February 2014 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

Credit Card User Strikes Blow for Consumer Rights

A woman who was duped into ploughing more than £20,000 into fraudulent ‘land banking’ schemes has struck an important blow for consumer protection after the High Court upheld her right to her money back from a credit card company.

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Court Directions Must Be Obeyed: Court Cracks Whip

Published on: 26 January 2014 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

In a ruling which marks the toughening approach of the courts to non-compliance with case management directions, the Court of Appeal has come down hard on litigants who were debarred from defending a £2 million claim due to their repeated failure to meet their evidence disclosure obligations.

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Asbestos Widow Triumphs in Damages Test Case

Published on: 22 January 2014 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

In a ground-breaking decision which is bound to herald an increase in damages pay-outs in fatal accident claims, a widow who was stricken by terminal lung cancer after years spent washing her husband's asbestos-laden overalls has won compensation totalling more than £700,000.

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Policeman’s Orphan Wins Human Rights Test Case

Published on: 22 December 2013 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

Policeman’s Orphan Wins Human Rights Test Case

In a unique decision, the High Court has ruled that a provision of the Police Pension Regulations that precluded payment of benefits to an officer’s illegitimate daughter who was not born until after his death is incompatible with human rights legislation.

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Court Cracks Down on Evidence Disclosure Delays

Published on: 18 December 2013 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

In a resounding warning that even minor delays in compliance with court orders will no longer be tolerated, a police force’s defence to serious claims, including race discrimination and assault, will be hamstrung after it was refused permission to rely on the evidence of eight witnesses whose statements were filed late.

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Doctrine of Precedent Superseded by Europe?

Published on: 09 December 2013 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

Doctrine of Precedent Superseded by Europe?

In a case which throws into stark relief the confusion in the law that can be triggered by conflicts between English and European jurisprudence, two long-term prisoners who say that their human rights were violated by the Ministry of Justice have been granted permission to argue their cases before the Supreme Court.

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Crash Victim Fights Off Insurers’ Fraud Claim

Published on: 05 December 2013 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

Crash Victim Fights Off Insurers’ Fraud Claim

In a telling setback to the insurance industry’s campaign to crack down on fraud, a mother-of-two who was accused of grossly exaggerating road crash injuries in a bid for a £210,000 compensation award has been cleared of dishonesty by the High Court.

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Extreme Case of Office Politics Hits Court

Published on: 02 December 2013 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

In an extreme case of office politics, a bitter falling out between a husband and wife team and the former manager of their legal practice culminated in an enormously costly four-day High Court hearing in which allegations of covert harassment were made.

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Sir Rupert Jackson’s Legal Reforms Bite Hard

Published on: 27 November 2013 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

In a resounding message to the legal profession that the Sir Rupert Jackson reforms are biting and that a casual approach to compliance with court directions will no longer be tolerated, the Court of Appeal has severely punished lawyers in a defamation case who failed to lodge a £500,000 costs budget on time.

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Underground Worker’s Claim Wrongly Dismissed

Published on: 19 November 2013 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

Underground Worker’s Claim Wrongly Dismissed

In a ruling with potentially wide implications, the Employment Appeal Tribunal (EAT) has drawn a crucial distinction between ‘withdrawal’ and ‘dismissal’ of a claim. The importance of the point lay in the fact that the latter would have precluded pursuit of a claim based on the same facts in any other forum.

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Family ‘Tearing Itself Apart’ in £50 Million Divorce Case

Published on: 13 November 2013 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

An ‘extremely tragic’ £50 million divorce case in which a family is ‘tearing itself apart’ has evoked ‘nothing but despair’ from a High Court judge, who lamented the missed opportunities to compromise and the parties’ expenditure of £700,000 on litigation that was still at a preliminary stage.

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Honest Builder Stripped of Cash Hoard

Published on: 05 November 2013 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

Honest Builder Stripped of Cash Hoard

The truism that honesty is its own reward will come as little comfort to a scrupulous builder who will go without a penny after handing in to police nearly £18,000 that he found stashed in a fire-damaged flat that he was renovating.

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Four-Way Fight to Develop Motorway Service Area

Published on: 31 October 2013 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

Four-Way Fight to Develop Motorway Service Area

In a striking example of the heated competition that sometimes accompanies major building projects, four developers who were all intent on building a new motorway service area on the same stretch of the A1(M) in North Yorkshire locked horns at the High Court – but only one of them emerged a winner.

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Tenant Who Refused Mediation Penalised in Costs

Published on: 28 October 2013 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

In a sign-post ruling, the Court of Appeal has emphasised that litigants who refuse to engage in mediation will be penalised heavily in legal costs. One party to a landlord and tenant dispute had twice invited its opponent to engage in Alternative Dispute Resolution (ADR) but had been met each time by a withering silence.

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High Court Approves Hospital A&E Department Closure Plans

Published on: 10 October 2013 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

High Court Approves Hospital A&E Department Closure Plans

In a ruling of vital significance to the future shape of NHS hospital provision across a swathe of the capital, the High Court has rejected as unarguable a local authority's challenge to the proposed closure of a local accident and emergency department.

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‘Vindictive’ Council Refused to Renew Solicitor’s Lease

Published on: 27 January 2014 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

A council has been heavily criticised by a judge for its 'vindictive' attempt to 'punish' a solicitor whom it viewed as a costly thorn in its side. Joanna Trafford had represented a number of alleged tripping accident victims in damages claims against Blackpool Borough Council – which ‘retaliated’ by refusing to renew her office lease.

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Email Sent in Error Covered By Legal Professional Privilege

Published on: 23 January 2014 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

In a decision which confirms that the principle of legal professional privilege has full force in employment proceedings, a worker has failed to convince a tribunal that he should be permitted to rely upon a solicitor’s email which was sent on to him in error.

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Costs Debacle in PPI Mis-Selling Case

Published on: 14 January 2014 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

In a case which underlined the toughening approach of the courts to compliance with procedural rules, a law firm that acted in a marathon Payment Protection Insurance (PPI) mis-selling claim will lose out on hundreds of thousands of pounds in costs after failing to serve notice of ‘no win, no fee’ funding arrangements.

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‘Inexcusable’ Delay Derails $4.7 Million Shipping Collision Claim

Published on: 22 December 2013 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

‘Inexcusable’ Delay Derails $4.7 Million Shipping Collision Claim

In an extraordinary example of litigation being derailed by the dragging of feet, ship owners who claimed $4.7 million following a maritime collision will go without a penny after the High Court struck out their case due to the ‘inordinate and inexcusable’ delay in pursuing the matter to trial.

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College Devastated by Home Office Policy Shift

Published on: 15 December 2013 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

In a stark illustration of the devastating impact that shifts in Government policy can have on businesses, a reputable further education college was left facing financial meltdown after a Home Office decision threatened to choke off its flow of foreign students.

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Good News! You can chose your own lawyer

Author: Catherine Rosewell

Freedom to chose own lawyer

Good News!  You can chose your own lawyer

The European Court of Justice have ruled that legal expenses insurers are no longer to stipulate which lawyer acts on your behalf.  You have the right to freedom of choice. 

Innocent Wife ‘Aided’ Husband’s Unlawful Investment Scheme

Published on: 05 December 2013 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

In a case of love conquering all – including good sense – a wife who was ‘swept off her feet’ by her lying husband and bore two of his children whilst he fleeced friends and relatives of three quarters of a million pounds will have to carry the can for his dishonesty, following a Court of Appeal ruling.

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‘Wrongful Birth’ Professional Negligence Claim Fails

Published on: 28 November 2013 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

Parents who claimed that they would have elected to abort their baby had they been warned that she would be born severely disabled – but who were advised by lawyers that their ‘wrongful birth’ claim against the NHS had little prospect of success – have failed in a £500,000 professional negligence claim.

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Supreme Court Upholds Gay Discrimination Ruling

Published on: 26 November 2013 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

Supreme Court Upholds Gay Discrimination Ruling

The Supreme Court has today upheld the Court of Appeal's ruling that the Christian bed and breakfast owners who refused to allow a gay couple to stay in the room they had booked had transgressed against discrimination law.

See the Supreme Court press release.

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High Court Clears up Legal Aid Lacuna

Published on: 17 November 2013 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

The High Court has cleared up at least one point of confusion arising from the recent Legal Aid reforms by ruling that committal proceedings for disobedience to civil court orders are to be treated as ‘criminal’ in nature and entitlement to legal assistance in such cases will therefore not be subjected to means testing.

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Court Steps in to Save Independent Living Fund

Published on: 10 November 2013 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

In a landmark decision, the Court of Appeal has quashed the Government’s decision to close down the £359 million Independent Living Fund which provides vital support to thousands of severely disabled people with the aim of combatting their social exclusion.

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‘Home-Made’ Contract Leads to Legal Tangle

Published on: 03 November 2013 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

‘Home-Made’ Contract Leads to Legal Tangle

The parties to a ‘home-made’ contract, which an employee argued entitled her to performance-related bonuses and commissions, may now be wishing that they had taken legal advice after disputes arose as to the authenticity and legal effect of the document.

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Scottish Lottery Winners Win Cross-Border Skirmish

Published on: 29 October 2013 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

In a highly unusual jurisdictional tussle, a Scottish couple who won a record £161 million lottery jackpot have convinced the English High Court that it has no power to hear a claim that they unlawfully pulled out of design and build contracts in respect of lavish improvements to their home.

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Crime Victim Can Sue Police Over Slow 999 Response

Published on: 21 October 2013 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

Crime Victim Can Sue Police Over Slow 999 Response

In a decision of enormous significance to police forces nationwide, a crime victim who was beaten almost to death by a baseball bat-wielding gang - and who blames police for responding late to an anguished 999 call - has had his compensation hopes boosted by the Court of Appeal.

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Children’s Nurseries Funding Withdrawal Upheld

Published on: 06 October 2013 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

Children’s Nurseries Funding Withdrawal Upheld

In a bitter reminder that not every worthy cause can be funded by cash-strapped local authorities, four mothers who fiercely objected to Sheffield City Council’s withdrawal of subsidies from 20 independent nurseries in some of the city's most deprived areas have failed in a judicial review challenge to the move.

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