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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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Information rights

Marcel Bard v The Information Commissioner

The Tribunal struck out Marcel Bard’s section 166 application against the Information Commissioner, finding it had no reasonable prospect of success.

  • Complaint to information commissioner
  • Section 166 dpa 2018 application
  • Strike out for no reasonable prospect of success
  • Data-protection
  • Information-rights
  • Strike-out
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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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Data protection

Paul McGrath v The Information Commissioner

The Tribunal struck out Mr McGrath’s section 166 DPA 2018 application, finding the Information Commissioner had already provided an outcome and no further action was required.

  • Section 166 application
  • Complaint to information commissioner
  • Strike out for no jurisdiction
  • Procedural progress of complaint
  • Data-protection
  • Information-rights
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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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Civil procedure

Denaro (UK) Limited (in liquidation) v Anthony Bracken & Ors

The court dismissed Barclays' strike-out challenge and allowed amendment of the particulars of claim, subject to two wording changes, in claims for dishonest assistance and Quincecare breach.

  • Strike out under cpr 3.4
  • Amendment under cpr 17.3
  • Dishonest assistance
  • Quincecare duty
  • Pleading dishonesty
  • Blind eye knowledge
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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.