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England and Wales Case Law

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Commercial law

RS Lender IV, S.Ă  r.l. v Fernando Oscar Gil Marin

The Commercial Court partly struck out a defence and counterclaim for inadequate pleading, but left valuation and appropriation issues for trial.

  • Strike out
  • Summary judgment
  • Pleading material facts
  • Prevention principle
  • Merger
  • Appropriation of financial collateral
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Employment law

Grantham v Bournemouth, Christchurch and Poole Council

The EAT dismissed Mr Grantham’s appeal, holding that any failure to consider medical evidence about autism was not material to the strike out and reconsideration decisions.

  • Strike out
  • Unless order
  • Reconsideration
  • Reasonable adjustments
  • Disability discrimination
  • Unfair dismissal
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Data protection

Debbie Deboo v The Information Commissioner

The Tribunal struck out Debbie Deboo’s section 166 DPA 2018 application, holding the Commissioner had already given an outcome and the Tribunal lacked jurisdiction.

  • Dsar
  • Complaint to information commissioner
  • Section 166 dpa 2018
  • Jurisdiction
  • Strike out
  • Procedural only remedy
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Information law

Andrew Samuel Feldman v The Information Commissioner

The First-tier Tribunal struck out Andrew Samuel Feldman’s information rights appeal for failing to comply with directions requiring complaint documents.

  • Section 166 application
  • Non-compliance with tribunal direction
  • Strike out
  • Information-rights
  • Data-protection
  • Tribunal-procedure
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Employment law

M Jarosinski v Nestle UK Ltd

The EAT dismissed Mr Jarosinski’s appeal, holding that Nestle’s consolidated response was valid, any objection was waived, and the 100% remedy deductions were adequately reasoned.

  • Reconsideration
  • Et3 response
  • Consolidated claims
  • Unfair dismissal remedy
  • Polkey reduction
  • Contributory fault
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Public procurement

Apasen Limited v London Borough of Tower Hamlets

The High Court refused to strike out Apasen’s set-aside claim, holding it was arguable that a defective contract award notice could be “not accurate” under section 105(4).

  • Strike out
  • Set aside of public contracts
  • Direct award under the procurement act 2023
  • Transparency notice
  • Contract award notice
  • Standstill period
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Civil procedure

Julie Marie Croll v The Estate of Margaret Mary Thorpe & Ors

The High Court dismissed a strike-out and summary judgment application in a probate dispute over whether a 2021 will was valid and whether earlier Court of Protection findings bound the estate.

  • Strike out
  • Summary judgment
  • Issue estoppel
  • Court of protection jurisdiction
  • Testamentary capacity
  • Validity of a will
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About this LexChat collection

England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.