Gonna get myself arrested – NearlyLegal

Posted April 22nd, 2014 in civil procedure rules, landlord & tenant, news, tribunals by sally

‘Maunder Taylor v SHG-SH20 Ltd 3CL02066 is one of the more interesting (and potentially, important) county court cases I’ve come across recently (transcript not publicly available; I’ve got one and am trying to persuade the Landlord and Tenant Reports to publish it). For reasons that will become clear, it has wider significance for LVT/FTT cases and although only a county court judgment, it is by HHJ Walden-Smith who is herself a judge of the UT(LC); not binding authority, I accept, but persuasive and important.’

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NearlyLegal, 18th April 2014

Source: www.nearlylegal.co.uk

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Higher value commercial court cases will not be brought into costs regime retrospectively, says rule committee – OUT-LAW.com

Posted April 17th, 2014 in civil procedure rules, Commercial Court, costs, courts, news by tracey

‘Higher value cases raised in the commercial court will not be brought into the civil court costs regime retrospectively when the regime is extended to catch claims worth up to £10 million next week, the Civil Procedure Rules Committee (CPRC) has said.’

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OUT-LAW.com, 17th April 2014

Source: www.out-law.com

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Intellectual property law – achieving a balance between the right to enforce and protecting innovation – Law Commission

‘Patents, trade marks and design rights are valuable intellectual property (IP) rights and vital to economic growth. They ensure that research and innovation is encouraged and rewarded. And, for some small businesses, they can represent their most significant assets. The law provides effective ways to enforce IP rights but these can be misused to drive competitors from the market. In a report published today, the Law Commission is recommending reforms that will allow individuals and businesses to protect their IP rights but not at the expense of new ideas and inventions.’

Full report

Law Commission, 15th April 2014

Source: www.justice.gov.uk/lawcommission

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Kershaw v Roberts and another – WLR Daily

Posted April 15th, 2014 in budgets, case management, civil procedure rules, costs, law reports by tracey

Kershaw v Roberts and another: [2014] EWHC 1037 (Ch);   [2014] WLR (D)  168

‘Claims issued under CPR Pt 8 were not automatically allocated to the multi-track with the result that the provisions of CPR Pt 29 and the costs management provisions in section II of CPR Pt 3 were of no application unless and until the claim had been allocated to the multi-track by the procedural judge considering the claim.’

WLR Daily, 10th April 2014

Source: www.iclr.co.uk

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Rule committee allays concern over unintended consequences of costs budgeting extension – Litigation Futures

Posted April 15th, 2014 in budgets, civil procedure rules, costs, news by tracey

‘The Civil Procedure Rule Committee (CPRC) has reassured litigators that the new version of the costs management rule coming into force on 22 April will not accidentally catch Commercial Court and other Rolls Building cases being brought into the regime retrospectively.’

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Litigation Futures, 14th April 2014

Source: www.litigationfutures.com

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First hearing not a case management conference, says High Court – Law Society’s Gazette

Posted April 15th, 2014 in budgets, case management, civil procedure rules, costs, news, trials by tracey

‘A claimant has failed in a High Court Mitchell bid to argue that an initial hearing amounted to a case management conference (CMC) and should be subject to budgeting rules.’

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Law Society’s Gazette, 14th April 2014

Source: www.lawgazette.co.uk

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Disrepair – counterclaims after possession order – NearlyLegal

Posted April 10th, 2014 in appeals, civil procedure rules, housing, news, repossession, setting aside by sally

‘Conventionally, we’ve thought that a counterclaim would have to be raised before a possession order, or the complex and fraught option of applying to set aside the possession order would have to be followed, even assuming there was actually any basis for such an application. But there appears to be a solid argument based on Court of Appeal precedent to suggest otherwise.’

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NearlyLegal, 9th April 2014

Source: www.nearlylegal.co.uk

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Controlling the process: a practical view from the Bar – Littleton Chambers

Posted April 8th, 2014 in case management, civil procedure rules, costs, news, sanctions by sally

‘Alongside the continued wave of decisions on relief from sanctions applications, a few decisions are
now coming through that reflect the general shift in approaches to case management that many
practitioners may have encountered for themselves.’

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Littleton Chambers, 2nd April 2014

Source: www.littletonchambers.com

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A second bite of the cherry: Can a claimant bring a fresh claim having failed to obtain relief from sanctions? – Hardwicke Chambers

‘In the brave new world created by the Court of Appeal decision in Mitchell v Newsgroup Newspapers Ltd [2013] EWCA Civ 1537, claimants whose claims have been struck out for failure to comply with a rule, practice direction or order are honing in on second actions as a way of bringing their litigation back to life. The threatened slew of professional negligence suits post-Mitchell could be avoided if lawyers subject to a Mitchell strike-out are able to placate their clients by simply re-issuing proceedings against the defendant.’

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Hardwicke Chambers, 13th March 2014

Source: www.hardwicke.co.uk

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Shocking justice gap for disabled prisoners – Halsbury’s Law Exchange

‘It is Prison Service policy that prisons provide a fair and equal service to all prisoners, including to those who are disabled. The purpose of this policy is to make sure that the Prison Service meets its obligations under the Equality Act 2010 (EqA). However, for many disabled prisoners, these obligations are not being met.’

Full story

Halsbury’s Law Exchange, 4th April 2014

Source: www.halsburyslawexchange.co.uk

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Rule committee sets the date for costs budgeting expansion – Litigation Futures

Posted March 27th, 2014 in budgets, civil procedure rules, costs, news by tracey

‘The extended costs budgeting regime for all multi-track cases worth up to £10m will come into force on 22 April, it was confirmed today.’

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Litigation Futures, 27th March 2014

Source: www.litigationfutures.com

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Relief from sanctions application is not a “free ride” for other side to oppose, judge warns – Litigation Futures

Posted March 27th, 2014 in civil procedure rules, costs, news, sanctions by tracey

‘Parties opposing applications for relief from sanctions should not assume that they are going to get a “free costs ride” in opposing them, a High Court judge has warned.’

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Litigation Futures, 27th March 2014

Source: www.litigationfutures.com

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Court of Appeal clarifies law on expert evidence – Henderson Chambers

Posted March 26th, 2014 in appeals, civil procedure rules, expert witnesses, news by sally

‘On 13 March 2014 the Court of Appeal handed down judgment in the case of Rogers & Rogers v Hoyle. The appeal deals with two significant issues that can arise in any area of civil practice: the status and admissibility of opinion evidence outside of CPR Part 35 and the extent of the long-standing rule in Hollington v Hewthorn.’

Full story

Henderson Chambers, 13th March 2014

Source: www.hendersonchambers.co.uk

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English civil court reforms “inconsistent, time-consuming and costly”, says Law Society – OUT-LAW.com

Posted March 21st, 2014 in civil procedure rules, costs, Law Society, news, solicitors by sally

‘Civil courts in England and Wales are increasingly valuing “administration over access to justice” since wide-ranging reforms to procedures and costs came into force last year, the Law Society has claimed.’

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OUT-LAW.com, 20th March 2014

Source: www.out-law.com

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Spiralling out of control: can Jackson reforms reign in family fees? – Halsbury’s Law Exchange

Posted March 20th, 2014 in civil procedure rules, costs, divorce, family courts, fees, news by tracey

‘Despite the strictures of the Family Proceedings Rules and subsequent practice directions, disproportionate costs still seem to arise on an all too common basis.’

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Halsbury’s Law Exchange, 19th March 2014

Source: www.halsburyslawexchange.co.uk

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Dunhill v Burgin (Nos 1 and 2) – WLR Daily

Dunhill v Burgin (Nos 1 and 2): [2014] UKSC 18;  [2014] WLR (D)  122

‘The test of capacity to conduct proceedings for the purpose of CPR Pt 21 was the capacity to conduct the claim or cause of action which the claimant in fact had, rather than the claim as formulated by her lawyers. A consent order based on the settlement of a claim by a claimant who lacked capacity and did not have a litigation friend was not valid even though the claimant was legally represented.’

WLR Daily, 12th March 2014

Source: www.iclr.co.uk

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Supreme Court places protection of vulnerable parties ahead of need for finality in litigation – Litigation Futures

‘The policy underlying the Civil Procedure Rules is that protected parties need protection not only from themselves but also from their legal advisers, the Supreme Court ruled yesterday.’

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Litigation Futures, 13th March 2014

Source: www.litigationfutures.com

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Kairos Shipping Ltd and another v Enka & Co LLC and others – WLR Daily

Kairos Shipping Ltd and another v Enka & Co LLC and others: [2014] EWCA Civ 217;   [2014] WLR (D)  113

‘It is in principle possible to constitute a limitation fund under the International Convention on Limitation of Liability for Maritime Claims 1976, scheduled to the Merchant Shipping Act 1995, by means of a guarantee in the form of a letter of undertaking provided by a protection and indemnity club.’

WLR Daily, 6th March 2014

Source: www.iclr.co.uk

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Precedent H to be amended in CPR update but no news yet on costs management limit – Litigation Futures

Posted March 6th, 2014 in budgets, civil procedure rules, costs, news, time limits by tracey

‘The statement of truth to be used in verifying a costs budget is to be changed, the latest update to the Civil Procedure Rules has revealed – but there is no word as yet about whether the level at which the costs management exemption kicks in will be increased.’

Full story

Litigation Futures, 6th March 2014

Source: www.litigationfutures.com

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Summit Navigation Ltd and another v Generali Romania Asigurare Reasigurare SA and another – WLR Daily

Summit Navigation Ltd and another v Generali Romania Asigurare Reasigurare SA and another [2014] EWHC 398 (Comm); [2014] WLR (D) 104

‘All sanctions were not equal nor were they to be treated as equivalent to one another for the purposes of an application for relief from sanctions under CPR r 3.9.’

WLR Daily, 21st February 2014

Source: www.iclr.co.uk

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