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Legal updates

12 March 2014

Disclosure – the fine line between non-compliance and inept compliance

In the case of Global Marine Drillships Ltd v William La Bella & Ors (2014), the High Court found that it was not appropriate to strike out the claim on the grounds of non-compliance with a disclosure order, as the evidence as a whole was not sufficient to show that the disclosure had been incomplete. 

21 February 2014

Increase in County Court Jurisdiction Limit

As of 22 April 2014, the County Court Jurisdiction Order 2014 will come into force revoking the County Courts Jurisdiction Order 1981. This will mean that jurisdiction of the value of property cases being heard in the County Courts shall be increased from £30,000 to £350,000. 

17 February 2014

Court of Appeal upholds decision to extend limitation period in scam tax relief scheme

In the case of Allison & Anor v Horner [2014] EWCA Civ 117, the Court of Appeal has found that the first instance judge had correctly determined the requisite date of knowledge when applying section 32(1) of the Limitation Act 1980 (“the Act”) in order to extend the limitation period in a claim for deceit. 

13 February 2014

High Court strikes out libel claim brought after YouTube video removed

In the case of Jackson v Universal Music Operations Ltd (2014), following an application for summary judgment, the High Court struck out the libel claim on the basis that it had no real prospect of success. 

4 February 2014

High Court rules on reasonableness of hourly rate charged by professional trustee

In the case of Alastair Mark Pullan v David Wilson & 2 Ors (2014), the High Court ruled that a beneficiary’s failure to challenge a trustee’s fees earlier amounted to acquiescence and prevented him from challenging their reasonableness, despite the fact that they exceeded what would normally be considered appropriate. 

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