The Court of Appeal in Cartwright v Venduct Engineering Ltd has ruled that, where sums have been paid to a claimant under the schedule to a Tomlin order, CPR 44.14(1) could not apply, as the schedule was not part of the court’s order but merely reflected the parties’ agreement. Continue reading
In an application made pursuant to CPR 3.1(7) to vary or revoke an order in Praxis Capital Ltd v Burgess, the claimant sought an order for delivery up of confidential material that it alleged was in the defendant’s possession. The defendant had been employed by the claimant company, and these materials had been obtained in the course of that employment. The application was made in respect of an earlier final order dated 2 June 2015 by which the claimant’s original claim for injunctive relief and delivery up of confidential documents was dismissed. Continue reading
What happens when an injured claimant is uncertain about the identity of the perpetrator of the wrong and is confused about who to sue? One answer is to adopt a scattergun approach: sue everyone in sight and hope that within the cohort of defendants thus joined, the actual tortfeasor(s) will be ascertained and found to be accountable. Continue reading