Admissibility of Similar Fact Evidence: It was incorrect that similar fact evidence was only admissible in a civil case if it was likely to be reasonably conclusive of a primary issue in the proceedings or, alternatively, if it had enhanced relevance so as to have substantial probative value. The correct test was whether the evidence was potentially probative in the proceedings.
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Application for Summary judgment / Strike out: The court dismissed the claimant's application for summary judgment or to strike out the defence because if the defendant's allegations were established at trial they would in fact provide a defence.
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Application for Committal for Contempt of Court: The claimant’s application seeking committal of the first defendant for contempt of court for non-compliance with an order requiring delivery up of documents was unsuccessful in light of unchallenged evidence that the defendant had been ill and had inadequate resources to satisfy the order in time. The court held that the actions of a defendant subsequent to service of a notice of an application to commit could not be considered as part of the cha ...
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Limitation Act 1980, s.11 & Exercise of Discretion: The judge had not erred in the exercise of his discretion in disapplying s.11 of the Limitation Act 1980 and allowing a time-barred personal injury claim against a local authority employer to proceed. He had correctly directed himself and emphasised the need to have regard to all the circumstances. It was held that there was no prejudice caused by the delay, either by virtue of the fact a potential witness had died or that the determination of ...
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Civil Procedure & Human Right Act 1998, s.6: The court held that the claimants' claims against the defendant department in respect of prior court decisions disclosed no reasonable grounds. In principle, there were other remedies available in respect of all the matters complained of. The claimants had access to justice by means of appeal procedures and, if those appeals failed, there was nothing in the European Convention on Human Rights 1950 that required or permitted a collateral attack on thos ...
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Case Management – Discontinuation of claims: The court made orders in relation to the case management of litigation relating to the MMR/MR vaccine and, in particular, as to the discontinuation of claims by certain claimants, also approving the terms of settlement offered to certain claimants.
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CPR r.19.6 – Representative Proceedings & Enforcement: The CPR does not require permission to be given for proceedings to be begun or continued by or against any one or more persons representing persons with the same interest in the proceedings. In cases falling within CPR r.19.6, the rule itself provides the authority of the person who is represented. Thus, the decision that a judgment could not be enforced against individual club members who had been represented in the proceedings by two of th ...
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Joining Defendant NHS Trust – Limitation Act 1980, Ss.11 & 14: The claimant’s claim against an NHS Trust was held not to be statute-barred where the application to join the Trust as a defendant had been made within three years of the claimant's date of knowledge for the purposes of Ss. 11 & 14 of the Limitation Act 1980.
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Auditor refused the award of an additional fee but without providing any reasons. The pursuers submitted a note of objection and it is the hearing on this note that this judgement concerns.
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Damages are sought by relatives of the deceased. The pursuers have enrolled a motion seeking allowance of issues. The defenders submit that the complexity of the claims for loss of support and loss of services of two daughters and the maternal grandmother and the inter-relationship between these claims constitutedspecial cause.
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