Category Limitation

LIMITATION; SEXUAL ABUSE AND THE SECTION 33 DISCRETION: NO SPECIAL RULE JUST BECAUSE THE DEFENDANT WAS MORALLY CULPABLE

In GH -v- The Catholic Child Welfare Society (Diocese of Middlesbrough) [2016] EWHC 3337 (QB) HH Judge Gosnell considered the exercise of the Section 33 discretion in a case where there was allegation of sexual abuse that took place in the 1980s. “I will deal here briefly with the novel submission put forward by Leading […]

COURT FEES AND STRIKING OUT: ANOTHER CASE

There is a brief report on  Browne Jacobson Insurance Law about a case that struck out because of a failure to pay the correct fees. THE REPORT The report is brief and does not give the date of the judgment or level of judge. The facts The claimant, prior to issue, put forward several schedules […]

LIMITATION AND DATE OF KNOWLEDGE: NO SPECIAL RULE BECAUSE THE CLAIMANT WAS A SOLICITOR

I am grateful to Thomas Jervis of Leigh Day for sending me a copy of the judgment of Mr Justice Goss in Lewin -v- Glaxo Operations UK Limited [2016] EWHC 3331 (QB), an interesting decision in relation to limitation. (A copy of the case is available here lewin) KEY POINTS The claimant had suffered late onset […]

PAYING THE INCORRECT COURT FEE: ANOTHER IMPORTANT DEVELOPMENT

There have been several cases this year relating to  the consequences that flow when a claimant pays the incorrect court fee. Several issues remain unresolved In a judgment this morning His Honour Judge Godsmark QC considered the position where the wrong fee was paid given the value of the claim that was put on the claim […]

UNDUE HARDSHIP AND THE FOREIGN LIMITATION PERIODS ACT

The Foreign Limitation Periods Act 1984 is one of those matters that litigators must always have at the forefront of their mind when dealing with any matter that has a foreign connection.  The stringent nature of the Act is made clear in the judgment of Mr Justice Wilkie in KXL -v- Murphy [2016] EWHC 3102. […]

LATE AMENDMENT OF PARTICULARS OF CLAIM NOT PERMITTED: HIGH COURT DECISION TODAY

In a judgment today  in Henderson -v- Dorset Healthcare University Foundation NHS Trust [2016] EWHC 3032 (QB) Mr Justice Warby refused a claimant’s application to amend the Particulars of Claim.  The judgment covers a number of points. In particular it outlines the robust attitude the courts now take to late amendment. KEY POINTS The court […]

PAYING THE “CORRECT” COURT FEE AND AMENDMENT: AN IMPORTANT CASE REVIEWING THE PRINCIPLES

This blog has looked several times* at the cases and principles that have followed the decision in Lewis -v- Ward Hadaway [2015] EWHC 3503 (Ch).   Applications around allegations of failure to pay the correct court fee have  become a new battleground between claimants and defendants, with defendants constantly seeking  to strike out and arguing abuse of […]