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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High Court: No relief from sanctions for “serial offenders” – Litigation Futures

Posted May 1st, 2015 in civil procedure rules, disclosure, law firms, news, time limits by tracey

‘A High Court judge has upheld a decision refusing relief from sanctions because the solicitors involved were “serial offenders” in breaking the rules during the case.’

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Litigation Futures, 30th April 2015

Source: www.litigationfutures.com

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Abdelmamoud v The Egyptian Association in Great Britain Ltd and others – WLR Daily

Posted April 30th, 2015 in civil procedure rules, law reports, setting aside by sally

Abdelmamoud v The Egyptian Association in Great Britain Ltd and others [2015] EWHC 1013 (Ch); [2015] WLR (D) 175

‘In order for a non-party to be “directly affected” by a judgment or order for the purpose of CPR r 40.9, it was necessary that some interest capable of recognition by the law was materially and adversely affected by the judgment or order or would be materially and adversely affected by the enforcement of the judgment or order.’

WLR Daily, 17th April 2015

Source: www.iclr.co.uk

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Curbing the Good Character Direction – Zenith Chambers

Posted April 29th, 2015 in appeals, civil procedure rules, crime, good character, juries, news by sally

‘A specially constituted fivemember Court of Appeal handed down judgment last week in the case of R v Hunter & Others [2015] EWCA Crim 631. The court heard a number of appeals concerning the circumstances in which a good character direction should be given and the extent of such a direction.’

Full story (PDF)

Zenith Chambers, 20th April 2015

Source: www.zenithchambers.co.uk

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Dyson: ‘we must simplify Civil Procedure Rules’ – Law Society’s Gazette

‘The master of the rolls has called for further simplification of the Civil Procedure Rules to reduce delays in the justice system.’

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Law Society’s Gazette, 23rd April 2015

Source: www.lawgazette.co.uk

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Costs Management, Proportionality and How the Courts Will Approach Costs Incurred Across the 2013 Divide – Zenith PI Blog

Posted April 21st, 2015 in budgets, case management, civil procedure rules, costs, news, proportionality by sally

‘Since the introduction of the Civil Procedure Rules, the standard basis of assessment of costs in civil litigation has required costs to be proportionate to the matters in issue as well as reasonably incurred and proportionate in amount.’

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Zenith PI Blog, 20th April 2015

Source: www.zenithpi.wordpress.com

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Satellite litigation warning as new fundamental dishonesty rule comes into force – Litigation Futures

‘The new rule on fundamental dishonesty in personal injury actions, which comes into force today under section 57 of the Criminal Justice and Courts Act 2015, brings with it “a lot of potential for satellite litigation”, a leading defence lawyer has warned.’

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Litigation Futures, 13th April 2015

Source: www.litigationfutures.com

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Well I wouldn’t start from here – Nearly Legal

‘A cautionary tale on how, when things go badly wrong, it is, by and large, better not to take active steps to make them worse.’

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Nearly Legal, 8th April 2015

Source: www.nearlylegal.co.uk

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Vidal-Hall v Google Inc (Information Commissioner intervening) – WLR Daily

Vidal-Hall v Google Inc (Information Commissioner intervening) [2015] EWCA Civ 311; [2015] WLR (D) 156

‘A claim for misuse of private information should be categorised as a tort for the purposes of service of proceedings out of the jurisdiction.’

WLR Daily, 18th March 2015

Source: www.iclr.co.uk

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Clarke and another v Cognita Schools Ltd (trading as Hydesville Tower School) – WLR Daily

Clarke and another v Cognita Schools Ltd (trading as Hydesville Tower School) [2015] EWHC 932 (Ch); [2015] WLR (D) 164

‘CPR r 3.3(5) did not apply to orders made under rule 6.5(1) of the Insolvency Rules 1986. Therefore an order under rule 6.5(1) did not have to state that the debtor could apply to have it set aside, varied or stayed.’

WLR Daily, 1st April 2015

Source: www.iclr.co.uk

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