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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 CPR Part 24 was substituted and CPR PD 24 was revoked.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...
Case C- 586/18 Buonotourist v Commission and Case C- 587/18 CSTP Azienda della Mobilità v Commission [Archived] CASE HUB ARCHIVED—this archived case hub reflects the position at the date of the judgments of 4 March 2020; it is no longer maintained. See further: timeline and relevant/related cases. Case facts Outline Appeals of the General Court judgments in Cases T- 185/16 and T- 186/15 which dismissed actions for annulment of the Commission’s decisions in State aid Cases SA.35842 and SA.35843—PSO compensation for Buonotourist and CSTP Azienda della Mobilità . Latest developments On 4 March 2020, the Court of Justice issued its judgments in which it dismissed the appeals in their entirety. Parties Appellants:• Buonotourist S.r.L. (Buonotourist). Buonotourist is a private company providing local public transport services based on regional and municipal concessions. More specifically, Buonotourist operates a network of bus routes as concessionaire of the Italian region of Campania (the Region) throughout the period under review covering approximately 1.8m km per year• Consorzio Salernitano Trasporti Pubblici...
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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 ...
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...
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This week's edition of Arbitration weekly highlights includes: coverage of arbitration-related decisions from England, Scotland, Australia and the USA; news of the Arbitration Bill receiving Royal Assent; updates from P.R.I.M.E. Finance, CIArb, HKIAC, SCC Arbitration Institute, CRCICA, ICCA, IBA and China’s Supreme People's Court; and analysis of arbitration in Peru and the CAM-CCBC early production of evidence rules. All this, and more, in our weekly highlights.
Arbitration analysis: Turkish plaintiff Etrak and defendant Libya entered into a settlement agreement following Etrak’s prevailing against Libya in Libya’s Court of First Instance in Beida, Libya. After Libya breached the settlement agreement, Etrak commenced a Swiss arbitration brought under Libya and Turkey's bilateral investment protection treaty (the ‘BIT’), obtaining a favorable arbitral award successfully arguing that the settlement agreement was an investment under the BIT. Etrak then commenced this action in the US District Court to confirm the Swiss arbitration award. While arbitral proceedings were pending, and in further violation of the settlement agreement, Libya returned to its courts and successfully appealed the adverse judgment entered by the Libyan Court of First Instance. Libya made the novel argument in the District Court that its successful post-settlement and post-arbitration appeal was res judicata and prevented the District Court from confirming the Swiss arbitral award. Libya also unsuccessfully argued that the District Court should not confirm the arbitral award because of ongoing parallel confirmation proceedings in Turkey and Curaçao. Written by...
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