THE JUDGE WAS RIGHT TO REFUSE TO ALLOW A "NEW POINT" TO BE TAKEN ON APPEAL: DON'T FORGET PLEADINGS ARE STILL IMPORTANT...

THE JUDGE WAS RIGHT TO REFUSE TO ALLOW A “NEW POINT” TO BE TAKEN ON APPEAL: DON’T FORGET PLEADINGS ARE STILL IMPORTANT…

November 20, 2023 · by · in Appeals, Members Content, Statements of Case

In Azhar v All Money Matters t/a TFC Home Loans [2023] EWCA Civ 1341 the Court of Appeal rejected a defendant’s argument that it should have been permitted to raise a “new” point on appeal.  The matter upon which the…

DEFENDANTS' APPLICATION TO RESILE FROM ADMISSIONS REFUSED: NO EVIDENCE THAT DEFENCE WAS NOT CAREFULLY CONSIDERED BY THE LEGAL ADVISERS WITH THE DEFENDANTS

DEFENDANTS’ APPLICATION TO RESILE FROM ADMISSIONS REFUSED: NO EVIDENCE THAT DEFENCE WAS NOT CAREFULLY CONSIDERED BY THE LEGAL ADVISERS WITH THE DEFENDANTS

May 24, 2021 · by · in Admissions, Amendment, Applications, Members Content

The judgment of Chief Master Marsh in Financial Conduct Authority v Skinner & Ors [2019] EWHC 392 has only recently arrived on BAILLI. It is an example of the court refusing to allow a party to withdraw from admissions.  The…

A WHOLE COURT OF APPEAL CASE ABOUT WHETHER IT IS APPROPRIATE TO DRAFT A "NON-ADMISSION": NO DUTY ON A DEFENDANT TO SEEK OUT INFORMATION FROM A THIRD PARTY WHEN DRAFTING A DEFENCE

A WHOLE COURT OF APPEAL CASE ABOUT WHETHER IT IS APPROPRIATE TO DRAFT A “NON-ADMISSION”: NO DUTY ON A DEFENDANT TO SEEK OUT INFORMATION FROM A THIRD PARTY WHEN DRAFTING A DEFENCE

January 17, 2019 · by · in Appeals, Members Content, Statements of Case, Statements of Truth

In the judgment today in SPI North Ltd v Swiss Post International (UK) Ltd & Anor [2019] EWCA Civ 7 the Court of Appeal carried out a close analysis of the rules relating to pleading a defence. In particular the…

FINDINGS OF FUNDAMENTAL DISHONESTY SHOULD HAVE BEEN MADE BY TRIAL JUDGE: DEFENDANT'S APPEAL ALLOWED

FINDINGS OF FUNDAMENTAL DISHONESTY SHOULD HAVE BEEN MADE BY TRIAL JUDGE: DEFENDANT’S APPEAL ALLOWED

May 24, 2018 · by · in Abuse of Process, Appeals, Fundamental Dishonesty, Members Content

The previous post dealt with a judgment of Mr Justice Martin Spencer overturning a judgment in favour of the claimant. The judgment in Molodi v Cambridge Vibration Maintenance Service & Anor [2018] EWHC 1288 (QB)   is in similar terms.  Only on…

YOU CAN'T APPEAL ON A POINT THAT YOU HAVEN'T PLEADED: DEFENDANT'S ARGUMENTS GO DOWN THE PAN

YOU CAN’T APPEAL ON A POINT THAT YOU HAVEN’T PLEADED: DEFENDANT’S ARGUMENTS GO DOWN THE PAN

October 5, 2017 · by · in Appeals, Members Content, Statements of Case

There are periodic reminders from the court as to how important the statement of case is. This can be seen in the judgment today in  Watt v Dignan & Ors [2017] EWCA Civ 1390.   “I do not agree that a…

SETTING JUDGMENT ASIDE AFTER REDBOURN: 10 KEY POINTS FOR DEFENDANTS (CLAIMANTS MUST READ TOO)

SETTING JUDGMENT ASIDE AFTER REDBOURN: 10 KEY POINTS FOR DEFENDANTS (CLAIMANTS MUST READ TOO)

June 9, 2017 · by · in Applications, Default judgment,, Members Content, Setting aside judgment

The judgment in Redbourn Group Ltd -v- Fairgate Development Limited [2017] EWHC 1223 (TCC) highlights the fact that there is a new age for a party seeking to set judgment aside. Not only does the party have to satisfy the requirements of…