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27 September 2013
Issue: 7577 / Categories: Case law , Law digest , In Court
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Employment

Johnson v Oldham Metropolitan Borough Council [2013] All ER (D) 187 (Sep)

It was well established that it was a critical aspect of fairness that a party should know the case it had to meet. It was also a central tenet of justice that disputes should be heard where a fair hearing was possible and cases should not lightly be ruled out on a procedural technicality without determination on the merits. One way in which case management powers could be exercised in such a case would be to order particulars of the claim or response to be given.  If they were not given in response to such an order, whether through misunderstanding, mental illness, lack of awareness of that which the other party would need to meet the claim or response, or a deliberate refusal or failure to comply, an “unless order” might be made.  If such an order was not complied with within its terms by the date set out in the order, the claim or response would stand struck out without the need for any further

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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