THE CURRENT IMPORTANCE OF PLEADINGS 89: AN APPELLANT CANNOT PURSUE AN UNPLEADED “NEW, NEW CASE”: APPEAL IN CASE AGAINST SOLICITORS WAS “WASTEFUL OF TIME AND RESOURCES”
This is a case that started off as a consideration of the way in which a defendant firm of solicitors adduced evidence to support assertions that there was a history of fraud in motor accident claims. The appellants here, the…
“ALL DOCUMENTS HAD AT LEAST TWO NUMBERS AND TECHNICALLY 3 IN SOME CASES”: A SMALL POINT ABOUT BUNDLES AND NUMBERING
For several years a post on bundles and “Sedley’s Laws” was the most read post on this site. Ever since then the preparation, presentation and numbering of bundles for applications and trials have formed a regular part of the material…
PROVING THINGS 295: HOW MUCH SHOULD A CARER BE PAID? INTERESTING READING FOR PERSONAL INJURY AND CLINICAL NEGLIGENCE LAWYERS (AMONG OTHERS…)
This is a case about the costs of providing care. It is unusual in that it does not arise in the context of a claim for damages for personal injury or clinical negligence. Nevertheless there are issues of general relevance…
LIMITATION AND SEXUAL ABUSE CLAIMS: THE LAW CHANGED AFTER EVIDENCE AND SUBMISSIONS BUT BEFORE JUDGMENT: THE AMENDED ACT APPLIES
We have looked before at how the new sections 11ZA and 11ZB into the Limitation Act 1980 have already been considered by the courts. Here was have another example. The new provisions were held to apply in a case where…
THE DANGERS OF SUING A DISSOLVED COMPANY WHICH HAS BEEN RESTORED TO THE REGISTER: COURT REFUSES TO EXTEND TIME BEYOND THE PERIOD OF DISSOLUTION
Here we have an important judgement pointing out that, in effect, the limitation period starts running again once a company is restored to the register. The court cannot grant an order under the Companies Act which extends limitation beyond the…
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