Clutterbuck v Cleghorn [2015] EWHC 2558 (Ch)

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 …

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

This post is only available to members.

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 …

Continue reading "Practice: Abusing the system"

This post is only available to members.

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 …

Continue reading "Abuse Of Process: Trial run"

This post is only available to members.