Human Rights: The limits of striking out powers

Brian Barr Solicitors | Personal Injury Law Journal | September 2015 #138
In part two of his article Steven Akerman continues his assessment of section 57’s incompatibility with human rights ‘It seems abundantly clear that the current state of the court’s opinion is that a claim will only be forfeited if the whole claim is tainted to the point that a finding at trial would be unsafe …

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Case Report: Matthews v Collins & ors [2013] EWHC 2952 (QB)

12 King’s Bench Walk (Chambers of Paul Russell QC) | Personal Injury Law Journal | November 2013 #120
Disposal of histological samples; civil proceedings; fair trial ‘It would be good practice for solicitors instructed by claimants in fatal asbestos claims to advise both their clients and the relevant coroner’s office that disposal of histological samples should not be undertaken without confirmation from those solicitors that the samples are not required for the purposes …

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Procedure: Lucky strike

4 King’s Bench Walk (Chambers of Timothy Raggatt QC) | The Commercial Litigation Journal | July/August 2012 #44
David Sawtell reports on the impact of Fairclough Homes on applications to strike out It would only be in a very rare case where, at the end of a trial, it would be appropriate to strike out a case rather than dismiss it on the merits. The purpose of striking out a claim was to …

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