General

High Court rejects “increasingly bizarre” claims against barrister arbitrator

Gold

The High Court has rejected as “totally without merit” a set of claims against a barrister arbitrator, including a claim in bailment for gold bullion. It said the allegations made by a litigant in person had become “increasingly bizarre”.

October 17th, 2018

Judge who disparaged one party’s counsel “did not give appearance of bias”

Courthouse

A judge who was “snide” and disparaging to counsel for one of the parties before her did nonetheless not give the appearance of bias, the High Court has ruled. It said the conduct of the circuit judge was prompted by the “state of considerable disarray” that the claimant’s case was in.

October 15th, 2018

Late appeal refused after solicitors’ administrative errors

post box

A tribunal has refused to allow a party to appeal out of time after mistakes by its solicitors meant the deadline was missed. It said a firm of solicitors has “a much higher threshold” to surmount before this kind of lapse and oversight could be a sufficiently good explanation for any delay.

October 15th, 2018

Sumption calls for larger Supreme Court panels

Lord Sumption

The Supreme Court should sit in larger panels more often, Lord Sumption has suggested, although he recognised that it could lead to fewer appeals being allowed. He also urged counsel not to allow their commitment to their client “to spill over” into how they treat their opposing advocate.

October 5th, 2018

MIB ordered to pay out for injury suffered on private land

seeding

The Motor Insurers Bureau has to pay compensation to a man injured by an uninsured vehicle, even though it was on private land, the High Court has ruled. The MIB had argued that the Uninsured Drivers Agreement 1999 only applied to injuries caused by a vehicle on a road or other public place.

October 4th, 2018

Shorter and flexible trial schemes made permanent

Clare Elliott

The shorter trials scheme and flexible trials scheme became permanent this week, after three years of piloting. The 100th update to the Civil Procedure Rules, which came into force on 1 October, also formally confirmed that the disclosure pilot would start on 1 January 2019.

October 4th, 2018

High Court issues ground-breaking ‘persons unknown’ injunction in fraud case

Philip Young CYK

The Commercial Court has issued what is believed to be the first worldwide freezing order over the assets of ‘persons unknown’ who committed a large-scale, international financial fraud via the internet.

September 26th, 2018

Video hearings pilot: Technical flaws but some positive signs

Susan Acland-Hood

An independent evaluation of an online video hearing pilot run by HM Courts and Tribunal Service has found it was beset by technical failures, ended up much smaller than envisaged, and that the participants could be “self-selecting”.

September 18th, 2018

No-deal Brexit will cause uncertainty for cross-border litigants, says MoJ

Brexit Direction Sign

The government has outlined the uncertainty that a no-deal Brexit would cause in civil cases that involve EU countries. Ministry of Justice guidance, issued today, said it would seek to provide legal certainty but could not guarantee how EU courts would respond.

September 13th, 2018

Win for open justice as tax tribunal allows non-party access to HMRC pleadings

KPMG

The First-tier Tribunal has “inherent jurisdiction” to give non-parties access to documents, its tax chamber has ruled in allowing KPMG to see documents from another case involving HM Revenue & Customs.

September 12th, 2018

Blog

An analogue decision? Google defeats attempt at consumer ‘class action’

Claire Stockford

In an eagerly awaited judgment, the High Court handed down its ruling in Richard Lloyd v Google LLC on 8 October. It seems clear that there is a degree of reluctance to permit group litigation which will not materially benefit consumers. That being said, it is hard to ignore the increased possibilities of group litigation in the context of corporate data breaches, particularly following the implementation of GDPR earlier this year.

October 18th, 2018

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