Jackson slaps down bid to introduce one-way costs-shifting in certain appeals – Litigation Futures

Posted September 16th, 2014 in appeals, civil procedure rules, costs, news by tracey

‘The Jackson reforms were not intended to give appeal courts the ad hoc power to introduce one-way costs shifting, their architect has ruled. Lord Justice Jackson said he wanted to clarify the purpose of rule 52.9A – introduced on 1 April 2013 – so as to prevent further applications along the same lines.’

Full story

Litigation Futures, 16th September 2014

Source: www.litigationfutures.com

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Practice Note: Chancery Chambers Changes 1st October 2014 – Judiciary of England and Wales

‘From 1 October 2014 the Chancery Division in London will commence using the new CE-File electronic court file and some data stored on the old IT system will be transferred to CE-File.’

Full practice note

Judiciary of England and Wales, 11th September 2014

Source: www.judiciary.gov.uk

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Wagenaar v Weekend Travel Ltd (t/a Ski Weekend) and another – WLR Daily

Wagenaar v Weekend Travel Ltd (t/a Ski Weekend) and another; [2014] EWCA Civ 1105; [2014] WLR (D) 389

‘The qualified one-way costs shifting provisions under CPR 44.13 and 44.14 were not ultra vires the general discretion of the court on the ordering of costs under section 51(1) of the Senior Courts Act 1981, and although applying to claims for damages for personal injuries brought by a claimant against a defendant, they did not apply to claims for an indemnity or contribution brought by such a defendant against a third party.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

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High Court: Commercial Agents Regulations could not override contractual choice of law – OUT-LAW.com

‘Mandatory rules governing the relationship between commercial agents and their principals in respect of the agent’s UK activities cannot override a valid jurisdiction and choice of law clause, the High Court has ruled.’

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OUT-LAW.com, 10th September 2014

Source: www.out-law.com

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Carter-Ruck granted relief from sanctions after solicitor “misread” CPR – Litigation Futures

Posted August 22nd, 2014 in case management, civil procedure rules, costs, news, solicitors, time limits by tracey

‘The High Court this week granted libel specialists Carter-Ruck relief from sanctions after an assistant solicitor “misread” the Civil Procedure Rules and was almost four months late in sending out a funding notice.’

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Litigation Futures, 22nd August 2014

Source: www.litigationfutures.com

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Claimant lawyers hit back over “cynical” part 36 offers – Litigation Futures

‘The Forum of Complex Injury Lawyers (FOCIS) has hit back after a report for the Civil Procedure Rule Committee (CPRC) recommended that part 36 should be reformed, partly to discourage claimant lawyers from making “cynical” offers.’

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Litigation Futures, 20th August 2014

Source: www.litigationfutures.com

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Rule committee backs part 36 reforms – Litigation Futures

Posted August 19th, 2014 in civil procedure rules, news, part 36 offers by tracey

‘The Civil Procedure Rule Committee (CPRC) is to consider how part 36 can be reformed – to simplify it, allow offers by counterclaiming defendants and discourage “cynical” claimant offers.’

Full story

Litigation Futures, 19th August 2014

Source: www.litigationfutures.com

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Guidance for the instruction of experts in civil claims 2014 – Civil Justice Council

‘Civil Justice Council issues new guidance on instructing experts in civil claims.’

Full guidance

Civil Justice Council, 13th August 2014

Source: www.judiciary.gov.uk

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High Court: making defendant pay 10% more for rejecting part 36 offer would add “penal element” – Litigation Futures

Posted August 13th, 2014 in civil procedure rules, costs, injunctions, news, part 36 offers, penalties by sally

‘A High Court judge has ruled that making a defendant who rejected a part 36 offer pay an additional 10% of the sum awarded for costs would introduce a “penal element” and be unjust.’

Full story

Litigation Futures, 13th August 2014

Source: www.litigationfutures.com

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Witness statements, Mitchell and CPR rules 3.9 and 32.10 – Sovereign Chambers

Posted August 7th, 2014 in civil procedure rules, evidence, news, time limits, trials, witnesses by sally

‘David Partington and Judy Dawson, barristers in the Sovereign Chambers Civil Team in Leeds, consider the civil procedural difficulties that the late service of witness statements cause for both the defaulting and innocent parties, given the interplay of, “Jackson”, Denton, and the cases dealing with sanction for late service of witness statements.’

Full story

Sovereign Chambers, 16th July 2014

Source: www.sovereignchambers.co.uk

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Supreme Court agrees to hear case on eviction and disability discrimination – Local Government Lawyer

‘The Supreme Court has issued a last-minute order to prevent the eviction of a disabled social housing tenant.’

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Local Government Lawyer, 6th August 2014

Source: www.localgovernmentlawyer.co.uk

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Arguably Serious – Aster Communities Ltd v Akerman-Livingstone – NearlyLegal

‘Aster Communities Ltd (formerly Flourish homes Ltd) v Akerman-Livingstone [2014] EWCA Civ 1081 (30 July 2014) is an extraordinary decision that will – if allowed to stand – have a significant impact on the day-to-day management of possession claims in the county court.’

Full story

NearlyLegal, 5th August 2014

Source: www.nearlylegal.co.uk

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IG Index Ltd v Cloete – WLR Daily

IG Index Ltd v Cloete [2014] EWCA Civ 1128; [2014] WLR (D) 360

‘CPR r 31.22 applied to restrict the use of documents disclosed pursuant to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 and, their replacement, the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

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Browning v Information Commissioner and Another – WLR Daily

Browning v Information Commissioner and Another [2014] EWCA Civ 1050;  [2014] WLR (D) 346

‘The First-tier Tribunal (General Regulatory Chamber) Rules 2009 permitted the tribunal when hearing an appeal against a decision of the Information Commissioner to adopt a closed material procedure in which a party and his legal representatives were excluded from the hearing or part of it.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk

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Ballinger and another v Mercer Ltd and another – WLR Daily

Ballinger and another v Mercer Ltd and another; [2014] EWCA Civ 996; [2014] WLR (D) 335

‘Where a claimant applied to introduce a new claim by amendment under CPR r 17.4, and the defendant could show a prima facie defence of limitation, the burden was on the claimant to show that the defence was not reasonably arguable. Amendments seeking to add or substitute a new cause of action would only be permitted if they arose out of the same or substantially the same facts as were already in issue on the existing claims.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

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Cary v Commissioner of Police of the Metropolis (Equality and Human Rights Commission intervening) – WLR Daily

Cary v Commissioner of Police of the Metropolis (Equality and Human Rights Commission intervening) [2014] EWCA Civ 987; [2014] WLR (D) 320

‘The Court of Appeal gave guidance as to the procedure for the appointment of assessors in discrimination cases under the Equality Act 2010.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

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Court of Appeal warns of consequences for overly long bundles and skeletons – Litigation Futures

Posted July 15th, 2014 in appeals, case management, civil procedure rules, costs, courts, news by tracey

‘The Court of Appeal has hit out forcefully at unnecessarily long bundles and skeleton arguments that are anything but.’

Full story

Litigation Futures, 15th July 2014

Source: www.litigationfutures.com

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Recalibrating Mitchell – New Law Journal

Posted July 14th, 2014 in civil procedure rules, costs, news, sanctions by sally

‘Dominic Regan provides a guide to the post-Mitchell three-step test.’

Full story

New Law Journal, 11th July 2014

Source: www.newlawjournal.co.uk

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Mitchell: conjoined appeals – Law Society’s Gazette

‘Practitioners will be conscious of the ridiculous practice that ensued in the lower courts following the ‘guidance’ dispensed by the Court of Appeal in Mitchell v News Group Newspapers [2013] EWCA Civ 1537 as to the operation and application of rule 3.9 of the Civil Procedure Rules – Relief from Sanction.’

Full story

Law Society’s Gazette, 14th July 2014

Source: www.lawgazette.co.uk

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Expert welcomes Court of Appeal’s “more nuanced approach” to granting relief from ‘Mitchell’ sanctions – OUT-LAW.com

Posted July 8th, 2014 in appeals, civil procedure rules, courts, news, proportionality, sanctions by tracey

‘Courts should be much more ready to grant relief from sanctions for failure to comply with court orders, practice directions and rules after the Court of Appeal found that the current approach had been “misunderstood and is being misapplied by some courts”, an expert has said.’

Full story

OUT-LAW.com, 8th July 2014

Source: www.out-law.com

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