Tort

Adorian v Metropolitan Police Commissioner [2008] EWHC 1081 (QB), [2008] All ER (D) 231 (May)

Civil proceedings for trespass to the person commenced by a claimant who has been convicted of an imprisonable offence, committed on the same occasion as the alleged trespass, are not rendered a nullity by the claimant’s failure to seek the prior permission of the court as required by s 329(2) of the Criminal Justice Act 2003.

Rather, this amounts to a procedural irregularity that can be cured by subsequent application at the discretion of the court (Mr Justice Owen at 33).

If you are not a subscriber, subscribe now to read this content

If you are already a subscriber sign in

...or Register for two weeks' free access to subscriber content

E-newsletter Sign-Up

MOVERS & SHAKERS

Read All

Weightmans—Elborne Mitchell & Myton Law

Firm expands in London and Leeds with dual merger

Boodle Hatfield—Clare Pooley & Michael Duffy

Private wealth and real estate firmpromotes two to partner and five to senior associate

Constantine Law—James Baker & Julie Goodway

Agile firm expands employment team with two partner hires

NEWS

Read All

NLJ this week: Mazur and more—inside the litigation frontline

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

NLJ this week: Social media bans for children spark legal dilemmas

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation

NLJ this week: Leasehold reform risks creating ‘forgotten freeholders’

Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies

NLJ this week: Court of Appeal clarifies when a claim truly begins

Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid

NLJ this week: Split FDRs could ease pressure—and boost settlements

The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation

Error message

Tort

MOVERS & SHAKERS

Weightmans—Elborne Mitchell & Myton Law

Boodle Hatfield—Clare Pooley & Michael Duffy

Constantine Law—James Baker & Julie Goodway