The un-named baby appeal [2014] EWCA Civ. 1524 – Tanfield Chambers

‘On the 9th October 2014, the Court of Appeal heard a number of applications for permission to appeal by the parents of two children, who had been the subject of care and placement orders.’

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Tanfield Chambers, 18th June 2015

Source: www.tanfieldchambers.co.uk

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Supreme Court Judgment in Coventry and Ors v Lawrence and another [2015] UKSC 50 – Henderson Chambers

Posted July 27th, 2015 in civil procedure rules, costs, fees, human rights, insurance, news, Supreme Court by sally

‘The Supreme Court has handed down its Judgment in Coventry v Lawrence in which it considered the compatibility of the system for the recovery of success fees and ATE premiums under the Access to Justice Act 1999 with the European Convention on Human Rights, Articles 6 and Article 1 Protocol 1. The Court held by a majority of 5-2 (Lord Neuberger, Lord Dyson, Lord Sumption, Lord Mance and Lord Carnwarth in the majority and Lord Clarke and Lady Hale dissenting) that the system is compatible. Success fees and ATE premiums entered into under the AJA 1999 scheme will therefore remain to be recoverable by successful claimants. Whether the decision will be challenged before the ECtHR in Strasbourg and, if so,whether the European Court will take the same view as the Supreme Court remains to be seen.’

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Henderson Chambers, 24th July 2015

Source: www.hendersonchambers.co.uk

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A key new case on jurisdiction where an accident happens abroad during a holiday booked from the UK: Brownlie v Four Seasons Holdings Incorporated [2015] EWCA Civ 665 – Henderson Chambers

‘In a wide-ranging decision earlier this month, the Court of Appeal has clarified a number of key questions on jurisdiction where an accident happens abroad during a holiday booked from UK. Most significantly, Arden LJ (giving the leading judgment) held that direct damage in the jurisdiction is required to come within the tort jurisdictional gateway in the CPR, effectively overruling earlier first instance decisions that indirect or consequential damage was sufficient. While this would prevent many overseas accidents from being litigated in the UK, Arden LJ did carve out an exception for Fatal Accident Act claims, which she considered involved “direct damage” in the UK. She also took the opportunity to provide her own “gloss” on the so-called “Canada Trust gloss”. Peppered throughout the judgment are some blistering but instructive observations on defective witness statements.’

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Henderson Chambers, 24th July 2015

Source: www.hendersonchambers.co.uk

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Time to banish “procedural squabbles” to keep costs proportionate, says senior judge – Litigtaion Futures

‘Unreasonableness, intransigence and the taking of every point must now be regarded as unacceptable in the post-Jackson world, a High Court judge has warned in setting out how to comply with the overriding objective to deal with cases at proportionate cost.’

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Litigation Futures, 13th July 2015

Source: www.litigationfutures.com

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Jackson issues costs penalty for bundle that proved an “obstacle course” – Litigation Futures

Posted July 10th, 2015 in appeals, civil procedure rules, construction industry, costs, judges, news by tracey

‘The bundle prepared for the Court of Appeal should be an aid, “not an obstacle course”, Lord Justice Jackson has said in ruling that no party in a case before him would be entitled to recover the costs of preparing it.’

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Litigation Futures, 10the July 2015

Source: www.litigationfutures.com

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Judge’s Instagram ruling a ‘practical solution’ to problems of online anonymity, says expert – OUT-LAW.com

‘A judge’s decision to allow a man experiencing alleged harassment over the internet to serve legal claims to the person accused of the activity via Instagram “appears to be a practical solution” to the issue of online anonymity, an expert has said.’

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OUT-LAW.com, 26th June 2015

Source: www.out-law.com

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Relief from Sanctions in the Family Courts – Family Law Week

Posted June 19th, 2015 in children, civil procedure rules, costs, delay, news, penalties by tracey

‘Chris Barnes, 4 Paper Buildings, and Jane Wells and James Billingham, Harney and Wells Solicitors, consider the lessons of H (Children) in which they acted for the appellant father.’

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Family Law Week, 14th June 2015

Source: www.familylawweek.co.uk

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Retrospectively Validating Steps Taken by a Claimant as Good Alternative Service Under CPR 6.15(2) – if a court finds that there is a single good reason to do so, there is no further discretion not to deem the service good – Zenith PI Blog

‘CPR r.6.15(1) provides that where it appears to the court that there is a good reason to authorise service by a method or at a place not otherwise permitted by Part 6, the court may make an order permitting service by an alternative method or at an alternative place.’
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Zenith PI Blog, 2nd June 2015

Source: www.zenithpi.wordpress.com

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Financial remedy and Wyatt v Vince – Law Society’s Gazette

‘Despite the highly unusual facts of Wyatt v Vince [2015] UKSC 14, the Supreme Court’s decision on 11 March to allow Ms Wyatt to proceed with her financial remedy application has attracted a great deal of comment. The Supreme Court unanimously allowed the wife’s appeal. Lord Wilson gave the leading judgment.’

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Law Society’s Gazette, 1st June 2015

Source: www.lawgazette.co.uk

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Part 36 penalties in detailed costs assessments – Zenith PI Blog

Posted May 21st, 2015 in appeals, civil procedure rules, news, part 36 offers by sally

‘This matter was an appeal from a senior cost Judge refusing to award an additional amount under CPR 36.14(3) (d) on a detailed assessment of costs. The law with which this judgement is concerned is CPR 36 as it was prior to its amendment on the 6th April 2015.’
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Zenith PI Blog, 20th May 2015

Source: www.zenithpi.wordpress.com

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Defence – Some personal reflections – Zenith PI Blog

Posted May 21st, 2015 in civil procedure rules, defence, news by sally

‘There is a striking difference between CPR part 16.4, which deals with the Particulars of Claim and 16.5, which deals with the defence. Whereas there is a clear instruction that the Particulars of Claim has to include only a concise statement of the facts on which the Claimant replies, there is no corresponding provision so far as the Defence is concerned.’

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Zenith PI Blog, 20th May 2015

Source: www.zenithpi.wordpress.com

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Civil procedure: costs recoverability – Law Society’s Gazette

‘A discrete but significant issue on costs recently came before the Court of Appeal in R (on the application of HS2 Action Alliance Ltd) v Secretary of State for Transport [2015] EWCA Civ 203.’

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Law Society’s Gazette, 18th May 2015

Source: www.lawgazette.co.uk

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Costs, Orders, Discontinuance and CPR r.38.6(1): Barker and Barker v Barnett (2015) (QBD) – Zenith PI Blog

Posted May 19th, 2015 in appeals, civil procedure rules, costs, news, pre-action conduct by sally

‘The court can depart from the usual rule in CPR r.38.6(1) that a Claimant who has discontinued their claim is liable for the costs which a Defendant has incurred and, alternatively, order that the Defendant pay a part of the Claimant’s costs.’

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Zenith PI Blog, 18th May 2015

Source: www.zenithpi.wordpress.com

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Judges unveil streamlined trial procedures for commercial cases – Litigation Futures

‘A committee of High Court judges, joined by a leading QC and City solicitor, has revealed its recommendations for faster trials of commercial disputes.’

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Litigation Futures, 15th May 2015

Source: www.litigationfutures.com

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High Court overrules Senior Costs Judge on part 36 uplift in detailed assessments – Litigation Futures

Posted May 12th, 2015 in appeals, civil procedure rules, costs, news, part 36 offers by tracey

‘The Senior Costs Judge, Master Gordon-Saker, has been overruled by the High Court after he denied a claimant who made a successful part 36 offer in detailed assessment proceedings the additional 10% uplift to which he was entitled.’

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Litigation Futures, 11th May 2015

Source: www.litigationfutures.com

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Regina (Nicolson) v Tottenham Magistrates’ Court – WLR Daily

Regina (Nicolson) v Tottenham Magistrates’ Court: [2015] EWHC 1252 (Admin); [2015] WLR (D) 204

‘Before being empowered to make an order under regulation 34(7) of the Council Tax (Administration and Enforcement) Regulations 1992 for costs reasonably incurred by a local authority in council tax enforcement proceedings, the magistrates’ court had to have made a proper judicial determination of what costs had been reasonably incurred by the applicant in obtaining the liability order, that determination being based on proper and sufficient material provided by the applicant.’

WLR Daily, 6th May 2015

Source: www.iclr.co.uk

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What to do about the new Practice Direction – Pre-Action Conduct – NIPC Law

‘CPR 63.20 (2) requires those bringing claims in the Intellectual Property Enterprise Court (“IPEC”) including the small claims track to state whether they have complied with paragraph 7.1(1) and Annex A (paragraph 2) of the Practice Direction (Pre-Action Conduct). If they don’t the defendant has an extra 28 days in which to file his or her defence under CPR 63.22 (3). But if you actually turn to the Practice Direction – Pre-Action Conduct you will find that the old paragraph 7 and Annex A aren’t there any more.’

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NIPC Law, 6th May 2015

Source: www.nipclaw.blogspot.co.uk

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Monthly Roundup – Costs and Budgeting – Zenith PI

‘April has seen a great deal of discussion on costs and budgeting. Here is a review of what else we have been writing about this month.’

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Zenith PI, 6th May 2015

Source: www.zenithpi.wordpress.com

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High Court refuses 100% success fee because trial had not started – Litigation Futures

‘The High Court has refused to allow a personal injury claimant a 100% success fee on the grounds that a trial had not started before the case was settled, even though a hearing had begun.’

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Litigation Futures, 8th May 2015

Source: www.litigationfutures.com

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Judge fires costs warning in face of “documentary carpet bombing” – Litigation Futures

Posted May 7th, 2015 in civil procedure rules, costs, disclosure, documents, news by sally

‘A High Court judge has hit out at the “documentary carpet bombing” he faced in a negligence claim before him and warned litigants of the costs consequences that such behaviour can trigger.’

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Litigation Futures, 7th May 2015

Source: www.litigationfutures.com

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