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Latin for the matter has been decided. At common law, once a court has made a decision, the matter cannot be re-opened once the time limit for appealing or the relevant limitation period has expired.
A res judicata is a decision by a judge or tribunal which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal. There are ome statutory exceptions.
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Bringing new proceedings after summary judgment or strike out—checklist For guidance on summary judgment and strike out generally, see: Summary judgment and strike out—overview, which includes specific guidance on responding to an application for summary judgment or strike out, see Practice Note: Strike out and summary judgment applications—how to respond. Amendments to CPR Part 24 and CPR PD 24—1 October 2023 Practitioners should note that the CPR provisions relevant to summary judgment were amended with effect from 1 October 2023. CPR Part 24 was substituted and CPR PD 24 was revoked. The changes were intended to simplify the rules, and do not materially alter the substantive law or practice. The numbering and location of some provisions is changed. Accordingly, authorities which pre-date the 1 October 2023 amendments may include reference to the previous provisions and numbering. References in this Checklist are to the wording of CPR Part 24 as currently in force. For tables showing the destination of the old provisions and the derivation of the new provisions, see Practice Note: Summary judgment—CPR Part...
Glossary—Latin legal terms Despite attempts in recent years to simplify the language used in legal cases, there are still a number of Latin phrases commonly used in personal injury claims. The following Latin phrases are listed in alphabetical order: Latin term Definition Meaning Acta iure imperii Legal acts of public nature Liability of the state for actions or omissions in the exercise of state authority Bona Fide In good faith A Bona Fide agreement is one entered into without intent to deceive Caveat Take care/caution A legal notice to the court to prevent another party taking action without informing the person who gave the notice Compos Mentis Of sound mind Legally fit to conduct the claim De Facto In fact As a matter of fact Ex Gratia As a matter of favour An ex gratia payment is made without any legal or contractual obligation to do so Ex Parte By a party An ex parte application is made to the court by one party in the absence or without...
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STOP PRESS: The Employment Tribunal Procedure Rules 2024, SI 2024/1155 (ET Rules 2024) in force from 6 January 2025, replace the ET Rules 2013 set out in Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, SI 2013/1237 from that date. The Employment Tribunals (Procedure Rules) (Consequential Amendments) Regulations 2024, SI 2024/1156, also in force 6 January 2025, primarily amend the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, SI 2013/1237 to facilitate the coming into force of the ET Rules 2024. Presidential Guidance and Practice Directions will be amended to reflect the new rules in due course.For a destination table showing how the ET Rules 2024 correspond to the ET Rules 2013, and incorporating notes on the changes, see Practice Note: Employment tribunal rules of procedure 2024—destination table. This Practice Note will be updated in light of the ET Rules 2024 as soon as possible.STOP PRESS: On 30 January 2023 the Senior President of Tribunals issued a consultation (with a deadline for responses of...
Brussels I—parallel proceedings (art 27) [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note explains what parallel proceedings are, as set out in Regulation (EC) 44/2001, Brussels I together with their impact on the courts dealing with these types of proceedings. The requirements to show that parallel proceedings exist are explained and examples of how they have been applied in practice are provided. Note: since 10 January 2015 Brussels I has been repealed in its entirety and replaced by Brussels I (recast). However, transitional arrangements have been put in place. For information on those arrangements and whether Brussels I provisions still apply to the matter you are dealing with, see Practice Note: E&W Brussels I (recast)—application and exclusions. What are parallel proceedings? Parallel proceedings are: • proceedings are brought in two or more EU Member States • the proceedings run concurrently, and • the proceedings involve: ◦ the same parties ◦ the same causes of action Practical consideration: in terms of what the...
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Where a claim has been stayed because the respondent company is in administration, is the respondent nevertheless required to submit an ET3 (within the usual timeframe), or can the respondent wait for the stay to be lifted before submitting the ET3? Paragraph 43(6) of Schedule B1 to the Insolvency Act 1986 (IA 1986) provides, so far as relevant, as follows: ‘No legal process may be…continued against [a company in administration] except with the consent of the administrator or with the permission of the court’. The ‘court’ in this instance is, exclusively, the Companies Court and not the Employment Tribunal (ET). It has been confirmed by the Employment Appeal Tribunal (EAT) that the ET has no power or discretion to continue with a claim against a company in administration (see Ince Gordon Dadds LLP v Tunstall). That can only be done with the consent of the administrator (which is rarely given, for obvious reasons) or by Order of the Companies Court. The only course available to the...
Does a claimant’s claim continue, where the defendant has a counterclaim, the claimant has failed to file a defence to the counterclaim, or the defendant has applied for default judgment? This Q&A considers the effect on a claim of default judgment on a counterclaim. This is not a question of procedure as such; it is a matter of res judicata and issue estoppel. As a matter of form, the claim will survive the granting of default judgment on the counterclaim. However, a default judgment is regarded as conclusive of such matters as are strictly necessary for the decision. If the factual connection between the claim and the counterclaim is such that the default judgment on the counterclaim necessarily and with complete precision answers (in the defendant’s favour) the factual questions that the claimant needs to establish in order to prove his claim, then the defendant is able to obtain summary dismissal of the claim. The question was recently discussed in detail, in the case of ...
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This week's edition of Insurance & Reinsurance weekly highlights includes: HDI reaches settlement on planes stranded in Russia; AerCap says insurers are on the hook for stranded planes; AerCap says sanctions don’t excuse insurers for lost jets; Steakhouse settles with QIC Europe over COVID-19 payout; NFU Mutual denies liability in £10m COVID-19 loss dispute; Insurers challenged over furlough cuts on COVID-19 claims; the cases of Wyllie and others v Joseph and others and Birley & Anor v Heritage Independent Living Ltd; Hotel group Brittania settles with Aviva over £6.2m payout; FCA sends portfolio letter to wholesale brokers; IAIS publishes roadmap 2025–2026; cases and decisions; key dates for your diary; and other news highlights reported over the past week.
This week's edition of Insurance & Reinsurance weekly highlights includes: COVID-19 business insurance litigation returns with test case appeal; the case of Tyson International Company Ltd v GIC RE, India Corporate Member Ltd (sued as the sole corporate member for Syndicate 1947 at Lloyd's of London for the 2021 and 2022 years of account); UK property insurance claims highest since 2007; an update to the Flood Reinsurance (Amendment) Regulations 2025; UK insurance premium tax haul up 10%, hits record £6.7bn; BoE delivers speech on new stress test approach for banks and other parts of the financial sector; FCA and PRA respond to UK government’s call for regulators to support economic growth; FCA urged to act against high insurance claim rejections; Insurance brokers call for reduced regulatory burden; Why non-financial misconduct should be on firms’ radar; Insurance Europe submits responses to EIOPA's Solvency II review consultations; Closing the gap–EIOPA and ECB announce proposals to close insurance protection gap; cases and decisions; key dates for your diary; and other news highlights reported...
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