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Only Claims with No Real Prospect of Success Do Not Merit a Full Hearing

Judges are bent on giving every case fair consideration and only very sparingly use their powers to strike out unmeritorious claims without a full hearing. That point was clearly made by one case in which a businessman claimed that a bank had lured him into becoming involved in a failed property transaction. The businessman alleged that he had been induced to...

Quantity Surveyors See Off Bank’s £750,000 Professional Negligence Claim

Professionals are rightly exposed to compensation claims if they give negligent advice – but they are not whipping boys who can be blamed for the faults of others. The point was resoundingly made by one case in which a quantity surveying firm comprehensively defeated a bank’s claim for over £750,000 in damages. The bank had lent money to a residential...

Judicial Assessments of Witness Credibility Can Rarely Be Challenged

Judges can and do make mistakes, but their evaluation of factual evidence and the credibility of witnesses is usually final and is very rarely successfully challenged. The point could hardly have been more clearly made than by one case in which a man claimed that his signature on a property transfer had been forged. The dispute concerned a plot of development...

Diffuse Mesothelioma Payment Schemes Part 2

Following our previous article on Mesothelioma schemes in which we outlined the possibility of claiming under two different payment schemes for suffers of an Asbestos-Related Illness we now endeavour to look at one of those schemes in more depth. The DMPS is only open to applicants who have been exposed to Asbestos during the course of employment but have...

Legal Documents Are Worthless if Not Properly Served

Legal documents are not worth the paper they are written on unless they are formally served on those to whom they are addressed. In one case exactly on point, a bankruptcy petition was dismissed after a statutory demand was posted through the letterbox of a house in which a judgment debtor had never lived. A professional firm had obtained a default judgment...

Commercial Confidentiality Agreement under High Court Scrutiny

Commercially sensitive information inevitably often passes between contracting parties and, in such cases, confidentially agreements are commonplace. One such agreement was considered by the High Court in the context of a defence supply contract. Company A had contracted with company B to supply communications technology to an overseas air force. The...