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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Caution: Slippery Claimant – Park Square Barristers

Posted November 9th, 2016 in appeals, civil procedure rules, costs, news, personal injuries by sally

‘Holly Clegg considers: If a Judge finds the Claimant’s evidence to be incredible, should the Defendant necessarily seek a finding of fundamental dishonesty? Not unless such a finding is clearly sustainable on the evidence, according to the case of Meadows v La Tasca Restaurants Limited.’

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Park Square Barristers, 7th November 2016

Source: www.parksquarebarristers.co.uk

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Litigants in Person, Costs Budgeting and McKenzie Friends: A Practical View from the Bar – Littleton Chambers

Posted November 9th, 2016 in budgets, civil procedure rules, costs, McKenzie friends, news by sally

‘In his monthly column, James Bickford Smith discusses two important decisions concerning respectively the applicability of costs budgeting rules to litigants in person and the court’s approach to attempts to control a litigant’s choice of McKenzie friends.’

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Littleton Chambers, 7th November 2016

Source: www.littletonchambers.com

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Exemplary Damages in the Tort of Deceit – Park Square Barristers

Posted November 9th, 2016 in civil procedure rules, costs, damages, deceit, fraud, insurance, news by sally

‘On the 1st November 2016 at Manchester County Court Toby Coupe, instructed by Toby Evans (Partner, Keoghs LLP) and Richard Harvey (Senior Claims Handler, Zurich Insurance PLC) to act on behalf of Zurich Insurance PLC (‘Zurich’), obtained an order that the Claimants and the Second Defendant do pay Zurich £5,000 in exemplary damages and £16,844.04 in indemnity costs, such costs to be enforceable to the full extent of the Order pursuant to CPR 44.16 (1), on the basis that the claims had been found to be fundamentally dishonest.’

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Park Square Barristers, 2nd November 2016

Source: www.parksquarebarristers.co.uk

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Thum v Thum – WLR Daily

Posted November 8th, 2016 in civil procedure rules, delay, divorce, EC law, law reports, regulations, service by sally

Thum v Thum [2016] EWHC 2634 (Fam)

‘Having issued a divorce petition in the English courts on 26 October 2015 the wife made no attempt to serve the husband until, on 19 January 2016, she sent the papers to the relevant court office for service out of the jurisdiction. A typographical error contained within the details of the husband’s address caused effective service to be further delayed until 27 February 2016. The husband, having issued his own German divorce petition on 19 January 2016, applied to dismiss or stay the wife’s petition on the ground that she had failed “subsequently [to] take the steps required of her to effect service upon the respondent” in accordance with article 16 of Council Regulation (EC) No 2201/2003 (“Brussels II revised”).’

WLR Daily, 21st October 2016

Source: www.iclr.co.uk

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Court “does not have to accept” parties’ agreement not to budget – Litigation Futures

Posted November 8th, 2016 in appeals, budgets, civil procedure rules, competition, costs, news, tribunals by sally

‘A High Court judge has made it clear that the court is not required to go along with parties who agree to dispense with costs management.’

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Litigation Futures, 7th November 2016

Source: www.litigationfutures.com

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Cost benefit analysis – New Law Journal

Posted October 31st, 2016 in civil procedure rules, costs, news, wasted costs orders by sally

‘Costs orders: who pays & when, asks Kerry Underwood.’

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New Law Journal, 20th October 2016

Source: www.newlawjournal.co.uk

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Kazakhstan Kagazy plc and others v Zhunus and others – WLR Daily

Posted October 31st, 2016 in civil procedure rules, contribution, fraud, freezing injunctions, law reports by sally

Kazakhstan Kagazy plc and others v Zhunus and others [2016] EWCA Civ 1036

‘The claimants were a group of companies. The first and second defendants had been, respectively, the chairman of the board and the chief executive officer of the first and second claimants. The third defendant had been the finance director of the second claimant. The claimants issued proceedings alleging, inter alia, that the defendants had dishonestly caused the claimant companies to enter into transactions in which large sums of money were paid to entities owned or controlled by the defendants and which had caused the claimants to incur substantial financial losses. All three defendants served defences denying fraud and dishonesty or that they had personally benefitted from the transactions. Subsequently, the first defendant reached a settlement of the claim against him with the claimants. The second and third defendants applied for permission pursuant to CPR r 20.6(2)(b) to bring a contribution claim against the first defendant, no such claim having been filed and served when they served their defence. The second defendant further sought a worldwide freezing order against the first defendant. The judge refused the applications, holding that (i) the claim for contribution was bound to fail because the draft contribution notice sought to be relied upon by the second and third defendants did not advance a case of actual fraud or wrongdoing by the first defendant and, following the their settlement agreement with the first defendant, no such case was being advanced by the claimants which the second and third defendants could adopt as an alternative to their primary position that they had acted honestly; and (ii) the court could only grant a freezing injunction once the applicant had an accrued cause of action, which, in the context of a claim for contribution, was once the contribution notice had been filed and served under CPR r 20.6(2).’

WLR Daily, 26th October 2016

Source: www.iclr.co.uk

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Departing Jackson – New Law Journal

Posted October 31st, 2016 in budgets, case management, civil procedure rules, costs, news by sally

‘Francis Kendall reports on a positive result for costs budgeting.’

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New Law Journal, 18th October 2016

Source: www.newlawjournal.co.uk

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High Court rejects security for costs application in face of £5m ATE policy – Litigation Futures

Posted October 25th, 2016 in civil procedure rules, costs, insurance, news by michael

‘The High Court has accepted after-the-event (ATE) insurance cover of £5m as sufficient to dismiss an application for security for costs.’

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Litigation Futures, 24th October 2016

Source: www. litigationfutures.com

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High Court bids to minimise delay in bitter costs dispute between solicitors – Litigation Futures

Posted October 25th, 2016 in civil procedure rules, costs, delay, law firms, news, solicitors by michael

‘A High Court master has rejected an application from a Leicestershire solicitor for trial of a preliminary issue in a costs claim involving another law firm, citing the “high degree of personal animosity between the parties”.’

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Litigation Futures, 18th October 2016

Source: www.litigationfutures.com

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