Following on from Chambers’ success in the authoritative CN v Poole case, Francesca O’Neill was successful in persuading the High Court to uphold Master Eastman’s order to strike out this claim for damages of £5.5 million resulting from alleged breaches of the Human Rights Act. Master Eastman had held that the proceedings were an abuse of process and a collateral attack on the decisions of the Family Court, but Mrs Justice Laing had given permission for that Order to be appealed at a full hearing. Francesca’s submissions that Master Eastman’s order was not ultra vires and that the matter was an abuse of process res judicata were accepted and the appeal was dismissed.
This week we examine an unusual arbitration case involving (or did it?) a foreign limitation period; and another decision on the tension between open justice and protection of commercially sensitive information (we understand, by the way, that on 25th February the Court of Appeal will…
This week we look at two decisions, both of which will be of critical importance to practitioners in pursuance of contested litigation. In one, unusually, without prejudice correspondence was admissible in a case involving fundamental dishonesty; whilst in the other, the court reviewed the authorities…
Following a 5-day liability trial in the High Court in Manchester, the Claimant’s negligence and Human Rights Act claims were dismissed by HHJ Bird sitting as a Judge of the High Court. The Claimant was a Type 1 diabetic who suffered from a history of…
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