Procedure

“A rich display of competitive dishonesty”: Judge condemns parties for “festival of mendacity”

Leeds County Court

A High Court judge has described a case as “a festival of mendacity” in which every witness was “attempting to outdo the other in a rich display of competitive dishonesty”. At first instance, His Honour Judge Davy QC had condemned one defendant’s evidence for being “as heroically dishonest as he is in his everyday life”.

May 22nd, 2018

“Victory for product innovation” after High Court rejects group hip replacement implant claim

X-ray of the hip prosthesis

The High Court yesterday rejected a group action claiming that a ‘metal on metal’ hip replacement implant was defective under the Consumer Protection Act 1987. The decision, which saw the judges questions the claimants’ evidence and that of some of their experts, has averted “what could have been potentially serious implications for product innovation”.

May 22nd, 2018

Eleven law firms joins solicitors’ committee for Volkswagen group action

Volkswagen logo

Eleven law firms have enough claimants so far to form part of the group action over the Volkswagen emissions scandal, the senior Queen’s Bench master has decided. Master Fontaine named Slater & Gordon and Leigh Day as the lead solicitors, with Chesterfield firm Your Lawyers joining the pair on the steering committee.

May 21st, 2018

Top QC calls for motor insurers to cover rehab following no-blame accidents

Andrew Ritchie QC 2

A leading barrister has called on the government to require that motor insurers provide cover for rehabilitation where people are left with life-changing injuries following an accident but there is no blame and so no legal claim.

May 17th, 2018

GDPR to fuel group actions over data breaches, barristers predict

Benjamin Williams

The introduction of the General Data Protection Regulation will only increase the appetite for group or representative action for data breaches, a QC has claimed. Ben Williams said such cases were already underway and “aspects of the GDPR will prompt further communal action”.

May 16th, 2018

Judge slams council for failing in duty of candour to the court

rcj 2

The High Court has slammed a London council for failing in its duty of candour and told lawyers that they have a responsibility to ensure that all those involved in local authorities are comply with their duty. Hundreds of documents were not put before the court during the hearing due to failures at Brent council.

May 10th, 2018

MoJ “considering wider impact” of employment tribunal fees ruling as it ramps up refund efforts

David Gauke

The Ministry of Justice is taking legal advice on the wider implications of last year’s Supreme Court ruling that the introduction of employment tribunal fees was unlawful, it has emerged. It is also writing to everyone who paid a fee but has yet to claim a refund.

May 3rd, 2018

Commercial Court eyes more examinations-in-chief in review of witness statements

Business & Property Courts Rolls Building

A Commercial Court working party is to examine ways to improve the witness statements process, it has emerged. According to the judge in charge of the court, there is “a fairly widespread feeling that in this area the tools we have at the moment are not doing the trick, and not even saving costs, let alone getting ‘best evidence’”.

April 30th, 2018

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

hearing aid

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). It said that, in an unsuccessful effort to prevent the claims from being struck out, she had made false or misleading statements to the court.

April 25th, 2018

No “special treatment” for LiP as judge weighs interests of represented party and the public

Bristol

A litigant in person is not to be given “special treatment” as the rules in the part of the law his case concerns are neither hard to find nor “particularly difficult to understand”, the High Court has ruled. The judge said the interests of the represented party and the public also had to be taken into account.

April 24th, 2018

Blog

Three’s a crowd – who pays?

Matthew Pascall 2

In September 2014 a UKIP MEP, Jane Collins, gave a speech at UKIP’s annual conference slandering three Labour MPs. The following month, a letter of claim on their behalf was sent to Ms Collins. It contained an offer of settlement under which Ms Collins would pay each £10,000 in damages, which they would then pay to charity. UKIP’s National Executive Committee discussed the letter of claim that month and referred Ms Collins to solicitors, RMPI, with whom UKIP had close ties. No settlement having been agreed, in November 2014 the three MPs issued claims against Ms Collins. Temple Legal Protection insured the MPs’ claims.

May 16th, 2018

Featured Associate

Acasta Sparkle Capital

Visit website

Featured Associate

DAS Law Assist

Visit website