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Francesca O’Neill successful in £5.5 million High Court strike out




Following on from Chambers’ success in the authoritative CN v Poole case, Francesca O'Neill was successful in persuading the High Court to uphold Master Eastman’s order to strike out this claim for damages of £5.5 million resulting from alleged breaches of the Human Rights Act. Master Eastman had held that the proceedings were an abuse of process and a collateral attack on the decisions of the Family Court, but Mrs Justice Laing had given permission for that Order to be appealed at a full hearing. Francesca’s submissions that Master Eastman’s order was not ultra vires and that the matter was an abuse of process res judicata were accepted and the appeal was dismissed.

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CN -V- Poole Borough Council and Others (Supreme Court)

27th March 2018

Update, the above appeal has now been brought forward by 1 day and directed into the lists for hearing on the 16th and 17th July 2018 by Lady Hale.  The panel has given a time estimate of  1.5 days

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CN -V- Poole Borough Council and Others (Supreme Court)

26th March 2018

The above appeal has been expedited and directed into the lists for hearing on the 17th and 18th July 2018 by Lady Hale.  The panel has given a time estimate of  1.5 days

Read more