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England and Wales decisions
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Lindsay v Jared O'Loughnane & Ors [2025] EWHC 973 (KB) (15 January 2025)
The High Court considered whether to reopen an August 2024 judgment and whether unpleaded consent or estoppel arguments could be entertained over disputed equitable charges.
The Employment Tribunal permissibly found that allowing the FDA claimants to re-litigate the issue of justification after determination of sample cases would be manifestly unfair to the respondents and bring the administration of justice into disrepute. The claimants could have intervened earlier, and the new evidence did not entirely change the aspect of the case or justify re-opening. The ET applied the correct legal test and considered all relevant factors; no error of law arose from striking out the claims as an abuse of process.
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There was sufficient identification between the appellant and the company in the previous VAT litigation such that it would be an abuse of process to allow the appellant to challenge the existence of inaccuracies in the company's VAT returns in his appeal against the personal liability notice. The application to amend the grounds of appeal to include this challenge is refused. However, the appellant is permitted to pursue grounds relating to whether any inaccuracy was deliberate and whether it was attributable to him.
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The court held that, in the circumstances of this complex and high-value case, it would not be right or productive to restrict the scope of expert evidence already exchanged by declaring certain parts inadmissible at this stage. The evidence is likely to assist the court in understanding the large differences between the experts on quantum, and any real prejudice to the Claimants can be addressed at the substantive quantum hearing. The overriding objective of a fair result outweighs strict adherence to finality, and the matter should proceed to a full quantum hearing with all exchanged eviden…
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ACL Netherlands BV & Ors v Lynch & Anor [2023] EWHC 1847 (Ch) (19 July 2023)
The High Court refused to narrow post-judgment expert evidence on quantum in the Autonomy litigation, allowing the exchanged reports to stand for the quantum hearing.
The Upper Tribunal dismissed Westminster City Council’s judicial review challenge to a SEND tribunal decision that mentoring support for A was special educational provision.
J (Children: Reopening Findings of Fact) [2023] EWCA Civ 465 (28 April 2023)
The Court of Appeal dismissed F2’s appeal against reopening a previous non-finding in care proceedings, holding the judge applied the correct test and could revisit A’s allegation.
The High Court dismissed an appeal over possession of a leasehold home, holding that an unfair-relationship claim under the Consumer Credit Act had not been pleaded or pursued at trial.
Benford (A Child) v East And North Hertfordshire NHS Trust (Rev1) [2022] EWHC 3263 (KB) (19 December 2022)
The High Court refused to adjourn a child brain-injury quantum trial, holding that uncertainty in prognosis did not justify delaying a case already listed by consent.
The High Court refused the defendant NHS Trust’s bid to adjourn a quantum trial in a child brain-injury claim, holding that uncertainty in prognosis did not justify delay.
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