Judgment Set Aside for Equitable Forebearance. A local authority successfully applied for an order to set aside a judgment against it. The authority originally made an admission of primary liability (subject to a reduction for contributory negligence) but sought to resile from this in its Defence. The allocation questionnaire, case summary and witness statements were all prepared on the basis that liability was in issue; the Judge held that this amounted to approbation and reprobation. It was h ...
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Abuse of Civil Proceedings not a Cause of Action in itself. On the slightly unusual facts of the case, the Claimant, a litigant-in-person, brought a claim against the Defendant alleging breach of lease, harassment, libel and defamation and abuse of procedure. Tugendhat J. held that the claims for breach of lease and libel were stature barred. Abuse of civil proceedings was not a cause of action known to the law. The Court had power to reflect any abuse of civil proceedings in its determination ...
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Director liable for Company pursuing hopeless Counterclaim. Rimer J. held that where companies had irresponsibly pursued a hopeless counterclaim on the instructions and for the benefit of a controlling director, that director was made liable, jointly and severally with the companies, to pay the costs of the proceedings on the indemnity basis. It was an exceptional case in which the director was in substance the, or at least a, real party to the proceedings from start to finish.
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Procedure Roll
In this action the pursuer seeks payment by the defenders to her of certain sums of money. In a counterclaim the defenders seek payment from the pursuer of certain sums of money. The pursuer moved Lord Bracadale to grant decree de plano and to restrict probation with respect to matters raised by the defenders in defence of the claim for payment in lieu of notice. With respect to the counterclaim, Mr Sandison were seeking to refuse probation to the claim based on breach of fiduciary duty. Mr McNe ...
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Not necessary to exhaust domestic remedies to bring a Francovich claim. Holland J. held that it was not necessary for a claimant to have exhausted domestic remedies before bringing a claim against a Member State for its failure to effectively implement a Directive. This was because the rationale underpinning the Francovich procedure was that each Member State had an obligation to its own citizens to implement Directives. This sat uneasily with the notion that the State would be able to avoid lia ...
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Not necessary to exhaust domestic remedies to bring a Francovich claim. Holland J. held that it was not necessary for a claimant to have exhausted domestic remedies before bringing a claim against a Member State for its failure to effectively implement a Directive. This was because the rationale underpinning the Francovich procedure was that each Member State had an obligation to its own citizens to implement Directives. This sat uneasily with the notion that the State would be able to avoid li ...
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Joinder of a Non-Party. An application to join a non-party to proceedings should be acceded to unless it can be said that the application is an abuse of process. At the stage of joinder, a preliminary assessment of the merits should not be attempted in order to see whether an application for a non-party costs order under CPR 48.2(1)(a) has a real prospect of success.
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Motion for expenses by the defenders
On 15 March 2006 the court refused a reclaiming motion by the pursuer against an interlocutor of Lady Paton dated 12 April 2005 in which she recalled an interim interdict that had been granted to the pursuer. The opinion of the court following the reclaiming motion set out the history and detailed the inadequacy of the pursuer's pleadings and criticised the conduct of the pursuer and of those advising him. Here the defenders sought to recover the expenses of the reclaiming motion on the basis of ...
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Overly Lengthy Pleadings an Abuse of Process. Particulars of Claim were struck out in a case where a barrister was seeking payment of fees and damages from a client on the basis that they were excessively lengthy, contained details that were irrelevant to the cause of action, contained a large number of terms that were incomprehensible and contained information that was privileged. It was said that sheer 221-page length of the Particulars made them oppressive; any trial based on that document ...
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Appeal against findings of sex, race and victimisation discrimination. The EAT held that there was a firm evidential basis for the findings of sex and victimisation discrimination, but that the Employment Tribunal erred in its approach to the question of race discrimination. Since there was no evidence which could possibly justify that inference referred to in the decision, the EAT substituted a finding that there had been no such discrimination
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