Aldi Stores Ltd v WSP Group plc & ors [2007] EWCA Civ 1260 – Law Journals

Case study: A reminder that preparation is the key to success

Emer Murphy reviews a case involving a property joint venture agreement with a warning on the court’s stance on a failure to prepare in advance of a trial ‘This is a stark reminder to practitioners of the need to raise pleading objections, or risk losing them altogether. In an adversarial system, the court cannot be …

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Abuse of process: Hot under the collar

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Kate Raybould assesses an application to strike out a claim ‘The assessment of the claimant‘s alleged procedural failures is arguably generous, and it is difficult to imagine the court would have reached the same conclusion had the claimant been represented.‘ The High Court has recently given its judgment and a helpful review of the authorities …

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Insights By Penningtons Manches: The elected few

Clare Arthurs and Nicole Finlayson present a few recent legal highlights ‘If you have a potential further claim, you must consider the Aldi guidelines in the case management context of your current action. Failure to do so may result in your subsequent action being struck out.’ Whisper it, but – for the first time ever …

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Practice: Abusing the system

Elaina Bailes assesses recent case law on abuse of process ‘It is a difficult message to give to a client that where it is not in the client’s best interest to add parties or claims into the current proceedings, the matter will nevertheless have to be referred to the court if they wish to avoid …

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Abuse Of Process: Trial run

Laura Crawford and Jon Chesman warn against the expedient choice of defendants ‘Even if the claimant considers that the actions are sufficiently different to warrant separate proceedings, the court confirmed that this is a question for the judge to determine when exercising general case management powers.’ On Friday 11 September 2015, in the High Court …

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Jurisdiction: Trust in Fiona Trust?

Davina Given and Ed Holmes report on recent developments in the Court of Appeal ‘Based on detailed analysis of both the terms of business agreement (ToBA) and the framework agreement, the Court of Appeal held that AmTrust had shown… that the arbitration clause in the framework agreement did not extend to matters subject to the …

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Practice: Joint tortfeasors – avoiding the trap for the unwary

Geraldine Elliott and Nigel Brook guide claimants through the tortious jungle ‘The surveyors were joint tortfeasors with the council and authority, meaning the settlement agreement released Gladman’s cause of action against all of them.’ In Gladman Commercial Properties v Fisher Hargreaves Proctor [2013] the claimant had entered into a settlement agreement with one of several …

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