Case of conflicting CPR provisions “highlight concerns over fixed costs extension” – Litigation Futures

‘A recent ruling caused by “shoddy” drafting of the CPR highlights the importance of any extension of fixed costs being accompanied by “a well-drafted and fully integrated set of procedural rules”, a costs specialist has warned.’

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Litigation Futures, 23rd February 2017

Source: www.litigationfutures.com

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A Final Costs Order is Just That – Zenith PI Blog

Posted February 23rd, 2017 in civil procedure rules, costs, news by sally

‘CPR r.3.1(7) gives the court a general power to vary or revoke an order, but does this extend to a final order?’

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Zenith PI Blog, 23rd February 2017

Source: www.zenithpi.wordpress.com

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The Electronic Divorce Filing Pilot: An opportunity missed or a new horizon opening up? – Family Law Week

‘Stuart Clark, Associate, and David Hodson, Partner, both of The International Family Law Group LLP, describe what is known, and ask some questions, of the MoJ’s latest initiative to facilitate an online divorce system.’

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Family Law Week, 7th February 2017

Source: www.familylawweek.co.uk

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Subrogation to the Unpaid Vendor’s Lien- what is the procedure for obtaining an order for sale? – Hardwicke Chambers

Posted February 7th, 2017 in civil procedure rules, mortgages, news, sale of land, substitution by sally

‘A recent decision by Master Matthews in Menalou v Bank of Cyprus UK Limited [2016] EWHC 2656 (Ch), in a characteristically detailed and interesting judgment, reaffirms the author’s long-held view that the appropriate procedure for the a claimant, claiming to be subrogated to the unpaid vendor’s lien, to use is to apply for an order for sale and vesting/appointment orders under s90 Law of Property Act 1925. Section 90 reads as follows:

“90.— Realisation of equitable charges by the court.

(1) Where an order for sale is made by the court in reference to an equitable mortgage on land (not secured by a legal term of years absolute or by a charge by way of legal mortgage) the court may, in favour of a purchaser, make a vesting order conveying the land or may appoint a person to convey the land or create and vest in the mortgagee a legal term of years absolute to enable him to carry out the sale, as the case may require, in like manner as if the mortgage had been created by deed by way of legal mortgage pursuant to this Act, but without prejudice to any incumbrance having priority to the equitable mortgage unless the incumbrancer consents to the sale…”’

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Hardwicke Chambers, 5th January 2017

Source: www.hardwicke.co.uk

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Brightside Group Ltd (formerly Brightside Group plc) and others v RSM UK Audit LLP and another – WLR Daily

Posted February 6th, 2017 in civil procedure rules, dismissal, news, solicitors by sally

Brightside Group Ltd (formerly Brightside Group plc) and others v RSM UK Audit LLP and another [2017] EWHC 6 (Comm)

‘The claimants issued a claim form on 26 April 2016, arguably just before the expiry of the relevant limitation periods. As a result of the claimants’ failure immediately to serve the claim form, the defendants’ solicitors gave notice under CPR r 7.7 requiring the claimants to serve or discontinue by Friday, 10 June. On that day, in compliance with CPR r 7.5(1), the claim form was left at the relevant place, namely the defendants’ solicitors, they having been authorised to accept service. The defendants applied for dismissal of the claim pursuant to r 7.7(3) on the ground that there had been neither service nor discontinuance by 10 June, since, by CPR r 6.14, the claim form was deemed to have been served on Tuesday, 14 June, namely the second business day after completion of the relevant step under rule 7.5(1).’

WLR Daily, February 2017

Source: www.iclr.co.uk

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Fixed Costs Apply in PAD Applications for Claims Which Leave The EL/PL Portal: Sharp v Leeds City Council [2017] EWCA Civ 33 – Zenith PI Blog

‘The Court of Appeal considered a “short but important point of interpretation of the Civil Procedure Rules” concerning the costs of pre-action disclosure (“PAD”) applications in cases which started, but no longer continue, under the EL/PL Protocol.’

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Zenith PI Blog, 2nd February 2017

Source: www.zenithpi.wordpress.com

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Post-portal PAD applications subject to fixed fees, Court of Appeal rules – Litigation Futures

Posted February 2nd, 2017 in appeals, civil procedure rules, fees, news, personal injuries by tracey

‘Applications for pre-action disclosure (PAD) in cases that leave the personal injury portals are still subject to fixed costs, the Court of Appeal has ruled.’

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Litigation Futures, 1st February 2017

Source: www.litigationfutures.com

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Councils fail in bid to challenge decision over third runway at Heathrow – Local Government Lawyer

Posted January 31st, 2017 in airports, civil procedure rules, local government, news, planning, pollution by sally

‘A High Court judge has rejected a judicial review challenge brought by four local authorities over the Transport Secretary’s decision to back a third runway at Heathrow Airport.’

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Local Government Lawyer, 30th January 2017

Source: www.localgovernmentlawyer.co.uk

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Aarhus Convention update: Government still ignoring private nuisance claims – UK Human Rights Blog

Posted January 27th, 2017 in civil procedure rules, costs, judicial review, news, nuisance, planning by sally

‘In November 2016, the Government responded in rather disappointing terms (here) to a consultation about amending its costs rules in civil cases to reflect the requirements of the Aarhus Convention.’

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UK Human Rights Blog, 26th January 2017

Source: www.ukhumanrightsblog.com

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The Law Commission Report: Enforcement of Family Financial Orders – Enforcement or Variation? – Family Law Week

‘Joseph Rainer, barrister, Queen Elizabeth Building, analyses the implications of the Law Commission’s report Enforcement of Family Financial Orders.’

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Family Law Week, 19th January 2017

Source: www.familylawweek.co.uk

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Proportionality – opening a can of worms – Litigation Futures

Posted January 18th, 2017 in civil procedure rules, costs, news, proportionality by sally

‘In his final report, Lord Justice Jackson said: “Disproportionate costs do not become proportionate because they were necessary. In my view, that disproportionate element of the costs cannot be saved, even if the individual items within it were both reasonable and necessary”.’

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Litigation Futures, 17th January 2017

Source: www.litigationfutures.com

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Claim form served late but dismissal application rejected – Law Society’s Gazette

Posted January 12th, 2017 in civil procedure rules, delay, news, service by tracey

‘The High Court has dismissed a defendant firm’s attempt to have a claim thrown out after a key form was served late. Mr Justice Andrew Baker said London firm Rosling King, representing a broker in an insurance dispute, had served the claim form after the required deadline in June last year.’

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Law Society’s Gazette, 11th January 2017

Source: www.lawgazette.co.uk

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Applications to appeal patent rulings should no longer be given easy passage – Litigation Futures

Posted December 21st, 2016 in appeals, civil procedure rules, courts, news, patents by tracey

‘The principle outlined in the White Book that the Court of Appeal should more readily grant permission to appeal in patent cases no longer holds good, it ruled last week.’

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litigation Futures, 20th December 2016

Source: www.litgationfutures.com

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Time to comply – New Law Journal

Posted December 20th, 2016 in case management, civil procedure rules, damages, delay, news by sally

‘Julia Messervy-Whiting & Sofia Lobosco outline the importance of compliance with court orders, directions and CPR.’

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New Law Journal, 19th December 2016

Source: www.newlawjournal.co.uk

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Incurred costs do not need to be contested at first CMC, rule committee says – Litigation Futures

Posted December 19th, 2016 in case management, civil procedure rules, costs, news by sally

‘The cost budgeting rules are to be amended to make it clear that the case management hearing is not the forum to debate incurred costs.’

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Litigation Futures, 16th December 2016

Source: www.litigationfutures.com

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Hot-tubbing report sparks rule committee decision to take wider look at expert evidence – Litigation Futures

Posted November 30th, 2016 in civil procedure rules, evidence, expert witnesses, news, reports by tracey

‘The Civil Procedure Rule Committee (CRPC) is to look into the provision of expert evidence in court as it considers the recommendations of a recent report into concurrent evidence, known as hot-tubbing.’

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Litigation Futures, 28th November 2016

Source: www.litigationfutures.com

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Breathing space for PI lawyers? Reforms unlikely to have impact until 2018 – Legal Futures

Posted November 21st, 2016 in civil procedure rules, news, personal injuries, small claims by sally

‘The government has indicated that its plans for personal injury reform will not become law for well over a year.’

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Legal Futures, 21st November 2016

Source: www.legalfutures.co.uk

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CA upholds refusal to grant relief to solicitors who served witness statements late – Litigation Futures

Posted November 15th, 2016 in appeals, civil procedure rules, law firms, news, sanctions, solicitors, time limits, witnesses by tracey

‘Solicitors who served witness statements two months late cannot call any witnesses at trial after the Court of Appeal upheld the first instance judge’s decision to refuse relief from sanctions.’

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Litigation futures, 14th November 2016

Source: www.litigationfutures.com

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CA ruling on fixed fees to have ‘substantial’ effect – Law Society’s Gazette

Posted November 14th, 2016 in civil procedure rules, costs, damages, fees, insurance, news, personal injuries by tracey

‘The Court of Appeal delivered some good news to claimants last week with a ruling on the level of fees that apply to cases listed for disposal, in a decision that Lord Justice Briggs said would have a “substantial” cumulative effect.’

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Law Society’s Gazette, 14th November 2016

Source: www.lawgazette.co.uk

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Cardiff v Lee: Permission needed to enforce a suspended possession order – Hardwicke Chambers

‘Last week, the Court of Appeal handed down judgment in the case of Cardiff County Council v Lee (Flowers) [2016] EWCA Civ 1034, confirming that all landlords, whether social or private, are required to seek the permission of the County Court under CPR r83.2 in order to obtain a warrant of possession for breach of a suspended possession order.’

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Hardwicke Chambers, 26th November 2016

Source: www.hardwicke.co.uk

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