Relief from sanctions will not be granted where there is undeniable and lamentable failure to comply with the order of the court

In Blog, General litigation, General Litigation by AAHLeave a Comment

There was no error in a judge’s decision refusing relief from sanctions and ordering outright possession against tenants who had not complied with a court order in possession proceedings, which had been brought as a result of their antisocial behaviour. The appellant tenants (B) appealed against a decision refusing relief from sanctions and upholding an earlier debarring decision, and granting …

Late disclosure will be allowed if it helps the court to arrive at a just and fair decision

In Blog, General litigation, General Litigation by AAHLeave a Comment

Comments; This is how it should and ought to be. Many of my opponents blow hot and cold about late disclosure. But there is a fundamental premise that a trial judge should have all the available evidence to enable him/her to reach just and fair decision. GRUPO HOTELERO URVASCO SA v CAREY VALUE ADDED SL (2012) ~ QBD (Comm) (Eder J) …

Private photos are capable of protection under art.8 of the European Convention on Human Rights 1950

In General Litigation by AAHLeave a Comment

 AMP v PERSONS UNKNOWN (2011) An individual was granted an anonymity order under CPR r.39.2(4) and an interim injunction to prevent transmission, storage and indexing of photographic images taken from her mobile phone and uploaded to a website as BitTorrent files. She had a reasonable expectation of privacy in relation to those images capable of protection under the European Convention …