Preliminary Issue in UK Law
- Don't Go Changing Your Claim: High Court And Court Of Appeal Rule On Preliminary Issue Of The Scope Of The Claimant's Claims On Defect In The Seroxat Group Litigation
UK: Wrongful life cause of action or not?
Toombes v Mitchell  EWHC 3506 (QB) (21 December 2020) (available on BAILII) raises some bried but legally complex issues. This brief note is not sufficient to cover all the elements of the de......... 2020) (available on BAILII) raises some bried but legally complex issues. This brief note is not sufficient to cover all the elements of the ...The trial was held to determine a preliminary issue – whehter on the facts of the claimant’s case taken at their ......
Medical: UK Wrongful life issues revisited.
With thanks to Victoria Lyon for drawing my attention to this issue which has again come before the Courts. Readers of this blog will remember the interlocutory decision Toombes v Mitchell  E......... interlocutory decision Toombes v Mitchell  EWHC 3506 (QB) (21 December 2020) (available on BAILII) which sought to determine a preliminary issue – whether on the facts of the claimant’s case taken at their highest, a cause of action existed for her. The claimant having been ......
UB40’S LABOUR OF LOVE – NO BUSINESS, NO GOODWILL
Authored by: Satnam Sahota and Jim McDonnell The former members of defunct UK reggae/pop band UB40 are currently in dispute over the goodwill of the group, and in particular use of the band’s name..........A preliminary issue in this matter was recently settled by the High Court, which decided ......
The English High Court Rules in Favour of Air Cargo Defendants Regarding Temporal Scope of Claimants’ Claims
On 4 October 2017, the High Court gave a judgment on a preliminary issue significantly restricting the temporal scope of the claimants’ claims in four air cargo cartel damages actions..... On 4 October 2017, the High Court gave a judgment on a preliminary issue significantly restricting the temporal scope of the claimants’ ......
A Month in UK Employment Law Newsletter - October 2012
In This Issue: - Statutory Holiday – How to Manage Holiday Entitlement for Employees on Sick Leave - Competition – Is It Gross Misconduct for an Employee .........Larner's employment. The decision failed to address the following issue: should a worker be paid in lieu of untaken accrued holiday on termination ... Competition – Is It Gross Misconduct for an Employee to take Preliminary Steps towards Setting up in Competition?. . No said the Employment ......
Abuse Of Process Issue Estoppel Applies Equally Within The Same Arbitral Proceedings. No Second Bites! - Simon Rainey QC
...OVERVIEW. Daewoo Shipbuilding & Marine Engineering v Songa. Offshore Equinox Ltd . A claimant seeks a preliminary issue on a question of. construction. It states that it accepts that if the point is. decided against it, then that will be the end of all claims by ......
British Steel Group Litigation: Request For Preliminary Hearings To Determine Limitation Refused
...The High Court has refused an application by Tata Steel to have limitation tried as a preliminary issue in respect of a group action alleging historic exposure to dust and fumes at work. Background. On 2 February 2017, the High Court approved an ......
Recovery Under Civil Aviation Act For Psychiatric Injuries
...... year Mr Justice Simon considered an appeal relating to three preliminary issues arising out of the crash of a Korean Airlines B747 shortly after ......
Good News for Auditors?
....... As a preliminary issue, D&T had argued that the claim against them . in respect of ......
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