5 May 2017
Costs were awarded to the defendants for the interlocutory strike out application because the usual rule that the unsuccessful party pays applied; the novelty of the legal point did not constitute a special reason to decline to fix costs and the plaintiffs failed on fundamental issues about meaning and reasonable grounds for belief.
30 Nov 2016
Leave to appeal dismissed because the proposed appeal does not raise a question of law of general or public importance nor is it seriously arguable: the original claim on which the Tribunal decided legal aid has been materially altered by re-pleading after Brown J's decision, making it jurisdictionally inappropriate to direct reconsideration of a substantively different claim; Goodyer is not binding on the Tribunal; and any conceded errors are unlikely to produce a useful practical result on appeal.
19 Oct 2011
Leave under r 7.52 was granted because the case's extraordinary procedural history constituted "special circumstances"; however the proceeding was not struck out because the March 2010 judgment permitted causes of action accruing on or after 11 October 1996 to proceed and it would be unjust and premature to strike out or impose an "unless" order without allowing the plaintiff a reasonable opportunity to re-plead; the plaintiff was ordered to file an amended statement of claim limited to causes accruing from 11 October 1996 by 31 January 2012 and costs were reserved.