There has been a number of recent cases in relation to pre-action and non-party disclosures. Continue reading

Pre-action and non-party disclosure

Fraudulent claims: Terry v BCS Corporate Acceptances Limited
In 2012, the Supreme Court gave judgment in Fairclough Homes Limited v Summers about the wide-ranging power of the court to strike out fraudulent claims, even after a trial. Summers was a personal injury case but its tentacles reach into almost all areas of civil law. The recent Court of Appeal decision in Terry v BCS Corporate Acceptances Limited in 2018 has clarified that the judgment in Summers does not provide a new route for striking out a claim after a final judgment has been given. Continue reading

Best wishes for the festive season from the Dispute Resolution blog
Disputes, not crime, settlements and fines, claimants file (let’s hope) within time, witnesses on the stand and experts paid a fee, a time to rejoice in the judiciary.
As another year reaches its conclusion, the Practical Law Dispute Resolution blog will rest for the Christmas period. We will be back in early January.
Until then, whether or not it’s cold outside, enjoy a cup of mulled wine, let the mellifluous tones of the holiday crooners permeate the room, and let us show, let us show, let us show you the way to a successful 2019 with our annual top ten tips. As always, it has been compiled by our expert team and brings together some of the most interesting cases and developments from the past 12 months.
So, as we say farewell to an eventful 2018, all that remains is to thank our contributors for their insightful commentary this year. That and, of course, to wish all of them, and you, a very Merry Christmas and a Happy New Year.