Category: News

  • Litigation case drags on for 17 years as two sides refuse to cooperate

    Litigation case drags on for 17 years as two sides refuse to cooperate

    High Court judge Mr Justice Fraser has warned of ‘draconian’ costs penalties should two parties in litigation continue to refuse to cooperate.

    He said both sides in Bates & Ors v Post Office Ltd had rebuffed efforts to manage the case in a cost-effective and efficient way.

    The case involves sub-post masters pursuing action against the Post Office. The claimant group is seeking damages related to the introduction of an electronic system around 17 years ago, which allegedly caused financial distress and in some cases bankruptcy.

    Some of the issues reported during the litigation included:

    • Failing to respond to directions for two months
    • Failing to even consider e-disclosure questionnaires
    • Failing to lodge required documents with the court
    • Refusing to disclose obviously relevant documents
    • Threatening ‘pointless’ interlocutory skirmishes.

    At the case management conference, the claimants sought a substantive hearing for October 2018, while the defendants argued the case could be managed for another entire year without any substantive hearing being fixed. Under this proposal, the hearing would not happen until at least 2019.

    The day after trial was ordered for November 2018, leading counsel for the defendant wrote to ask that it be moved as he already had a hearing at the Companies Court. The judge suggested it was a ‘clear case of the tail wagging the dog’ if barristers’ clerks were allowed to dictate hearing dates, and he said there was reasonable notice to arrange for a replacement counsel.

    Business litigation solicitors

    Suffering a financial or contractual dispute can have serious implications on your business. Our business solicitors will quickly and efficiently put your case together and act on your behalf. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

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  • UK retail sales up in October against last year

    UK retail sales up in October against last year

    UK retail sales fell by 0.3% in October 2016 compared with October 2017, according to the Office for National Statistics (ONS) who said it was the first annual fall since March 2013.

    Higher inflation had dampened spending, the ONS said, but it also pointed to the fact that last October had seen very strong growth.

    Taking the three months to October, sales volumes were up 0.9% compared with last year.

    The ONS said this suggested the underlying pattern in the retail sector was one of growth.

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  • Transgender woman denied access to children takes fight to Court of Appeal

    Transgender woman denied access to children takes fight to Court of Appeal

    A transgender woman, referred to as J, who left a tight-knit ultra-Orthodox Jewish community to embark on a new life as a woman has taken her case to be allowed access to her five children to the Court of Appeal.

    She was challenging a ruling that the children risked greater psychological harm by being ostracised by the Haredi community if they saw her than if direct contact ceased.

    Earlier this year, J told Mr Justice Peter Jackson in the Manchester family court, that she wanted to be “sensitively reintroduced” to her children, whom she had not seen for about 18 months.

    The children’s other parent, referred to as B, told the court that direct contact would result in the children being shunned and excluded from family events and community festivities.

    With “real regret”, Mr Justice Peter Jackson said that the children should not see J but should be allowed to exchange letters and cards.

    Three appeal judges Sir James Munby, Lady Justice Arden and Lord Justice Singh – considered J’s case on Wednesday and are expected to rule in the near future.

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  • Divorce payout failure for ex footballer Ginola

    Ex Newcastle and Spurs footballer David Ginola represented himself at London’s Central Family Court yesterday as his ex-wife and former model ex-model Coraline sued him over her divorce payout.

    Ginola is accused of failing to pay up what he agreed to.

    Ginola told the judge he needed to renegotiate the deal due to unforeseen circumstances. The case was adjourned.

    It is not clear why the ex-footballer has not been able to honour his payments.

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  • Profits down but sale up for Sainsbury’s

    Profits down but sale up for Sainsbury’s

    Sainsbury’s has reported a 9% fall in half-year profits, but sales rose.

    The UK’s second largest supermarket chain said profits were £251m in the 28 weeks to the 23 September, while like-for- like sales excluding fuel went up by 1.6%.

    It said the fall in profits was due to price cutting, wage cost inflation and the consolidation of Argos.

    Sainsbury’s took over catalogue retailer Argos and Habitat in 2016 in a £1.4bn deal.

    Sainsbury’s share price fell more than 3% following the release of the results.

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  • High Court battle for Monarch Airlines slots

    Monarch Airlines has lost its High Court battle against Airport Co-ordination Limited’s (“ACL”) decision not to allocate certain take-off and landing slots to Monarch for next summer.

    Monarch wanted to exchange with other carriers to raise cash for creditors. The slots cover Manchester, Gatwick, Birmingham, Luton and Leeds-Bradford airports.

    The airline ceased trading last month and its administrators called the slots its “most valuable asset”.

    ACL which allocates 39 airports’ slots accepted that Monarch would have received some of them if it had not gone into administration.

    Wizz Air and EasyJet are among airlines who are interested in acquiring them.

    Judges rejected Monarch’s claim that ACL was under a duty to allocate the summer 2018 slots to it “by reason of historical precedence” and said they should be placed in the slot pool.

    Administrator KPMG said it would seek to appeal the High Court decision.

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  • Growth for eight quarters in a row for Morrisons

    Growth for eight quarters in a row for Morrisons

    Morrisons, the UK’s fourth-biggest supermarket chain, has reported a 2.5% rise in sales for the third quarter.

    Sales at the supermarket have now grown for eight quarters in a row.

    Morrisons has been the best performing of the established “Big Four” supermarkets recently, although all chains are attempting to fight off the strong competition coming from discounter supermarkets Aldi and Lidl.

    Oldham commercial lawyers

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  • Legal dispute to lower online age of consent

    Legal dispute to lower online age of consent

    A proposal to make 13 the age of consent for signing up to online services such as social media platforms has come under fire in parliament. The House of Lords was holding its first debate on the Data Protection Bill, to ensure that the UK’s data protection regime aligns with that of the EU following Brexit.

    Lady Lane-Fox of Soho, former web entrepreneur of Lastminute.com Martha Lane Fox, confessed she found it ’incredibly hard to read and even harder to understand’.

    Opponents were also highly critical of the bill’s proposal that the age at which a child can consent to their data being processed online be set at 13, saying it would almost certainly be illegal under the UN Convention on the Rights of the Child.

    Legal dispute

    Suffering a financial, contractual or legal dispute can have serious implications on your business. Our business solicitors will quickly and efficiently put your case together and act on your behalf. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

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  • Covert recordings to be used in Family cases?

    Covert recordings to be used in Family cases?

    In a recent case where a father sought contact with his daughter, he wanted to rely on his various covert recordings of conversations that he had had with a social worker, a Cafcass officer and a solicitor.

    The President of the Family Division, Sir James Munby, sitting in the Court of Appeal with King LJ, said that the recordings were relevant and admissible and it was a matter for the trial judge to decide what weight they should carry. He further added that “anyone seeking to rely on such material must…apply to the court for permission.’

    Family solicitors

    At Wrigley Claydon, we fight on your behalf to make this difficult time a little easier. We are experienced family solicitors and can assist you with the legal aspects of any family situation in which you may find yourself. We deal with our cases sensitively.

    If you are looking for family advice then please call 0161 624 6811 to speak to our Family Department.

     

  • Debenhams profits down

    Debenhams profits down

    Department store chain Debenhams reported annual profits down by 44% at £59m.

    Same-store sales in physical outlets were flat, but mobile sales are growing fast and were up by 57%.

    Sales of beauty products, accessories and food and drink helped to offset what was a weak clothing market, Debenhams said.

    Food sales in its cafes and restaurants were one of the better performers.

    The company said in April that it would close 11 warehouses and put up to 10 stores under review.

    The company is also slimming down its in-house brands.

    Oldham commercial solicitor

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