civil procedure rules – Page 17 – Current Awareness

Multiple defendants, discontinuance and QOCS – Zenith PI

Posted September 27th, 2018 in appeals, civil procedure rules, costs, news by tracey

‘Cartwright v Venduct Engineering Limited [2018] EWCA Civ 1654. When a claimant with the benefit of QOCS protection discontinues a claim there should be no enforceable costs order against them unless there has been fundamental dishonesty in bringing the claim. But what is the position in a case of multiple defendants where the same claimant is eventually successful in obtaining damages from another defendant to the action?’

Zenith PI, 26th September 2018

Source: zenithpi.wordpress.com

Civil Procedure Discontinuance, QOCA and Fundamental Dishonesty – Zenith PI Blog

Posted September 19th, 2018 in civil procedure rules, costs, fraud, insurance, news by sally

‘The claimant discontinued a claim. The defendants alleged that the claim was dishonest and asked the court to determine the issue of fundamental dishonesty so the defendants could enforce their entitlement to costs.’

Zenith PI Blog, 18th September 2018

Source: zenithpi.wordpress.com

QOCS applied to whole case after defendant’s unsuccessful PI counterclaim – Litigation Futures

Posted September 18th, 2018 in civil procedure rules, costs, news, personal injuries by sally

‘An unsuccessful defendant in a road traffic claim for financial losses who made an unsuccessful counterclaim for personal injury (PI) was entitled to the protection of qualified one-way costs shifting (QOCS) for the whole case, a circuit judge has ruled.’

Litigation Futures, 18th September 2018

Source: www.litigationfutures.com

Anchoring claims to a UK subsidiary – Competition Bulletin from Blackstone Chambers

Posted September 7th, 2018 in civil procedure rules, competition, domicile, EC law, jurisdiction, news, subsidiary companies by tracey

‘The recent decision of the High Court in Vattenfall AB v Prysmian SpA [2018] EWHC 1694 (Ch) is another example of claimants being allowed to use non-addressee English subsidiaries as anchor defendants for their competition damages claims. It is also another example of the court considering but not actually having to decide the interesting legal points around attribution of liability which potentially arise in such cases.’

Competition Bulletin from Blackstone Chambers, 7th September 2018

Source: competitionbulletin.com

The QOCS regime and ‘mixed’ police claims – UK Police Law Blog

Posted August 31st, 2018 in civil procedure rules, costs, news, personal injuries, police by tracey

‘The High Court has held in Commissioner of Police of the Metropolis v Brown [2018] EWHC 2046 (Admin) that qualified one-way costs shifting (“QOCS”) protection does not apply automatically in proceedings where a claimant is advancing both a claim for damages for personal injury and a claim other than a claim for damages for personal injury (a “mixed claim”).’

UK Police Law Blog, 28th August 2018

Source: ukpolicelawblog.com

Bar Council: New open justice rule could disadvantage litigants in person – Litigation Futures

Posted August 28th, 2018 in barristers, civil procedure rules, disclosure, litigants in person, news by sally

‘A new rule putting the parties under an explicit obligation to disclose to the other side communications with the court could disadvantage litigants in person (LiPs), the Bar Council has warned.’

Litigation Futures, 24th August 2018

Source: www.litigationfutures.com

Eviction companies, conducting litigation, and defective notices – Nearly Legal

Posted August 28th, 2018 in civil procedure rules, housing, landlord & tenant, news, notification by sally

‘Ms Kassam was the assured shorthold tenant of the Gills. It appears that rent arrears accrued. After serving a section 21 notice which turned out to be defective, the Gills sought the services of a set up called “Remove a Tenant” (RaT), a trading name of Fentham Group Limited. RaT served a section 8 notice seeking possession on grounds 8, 10 and 11, as ‘agents’ for the Gills.’

Nearly Legal, 26th August 2018

Source: nearlylegal.co.uk

High Court: No duty on solicitors to alert other side to errors – Litigation Futures

Posted August 23rd, 2018 in civil procedure rules, disclosure, law firms, news, service, solicitors by sally

‘Litigation solicitors are not under a duty to alert their opponents to errors which they have not caused, the High Court has ruled.’

Litigation Futures, 23rd August 2018

Source: www.litigationfutures.com

Appeal restores restrictions on non-parties’ access to trial documents – OUT-LAW.com

Posted August 14th, 2018 in appeals, civil procedure rules, documents, news, trials by sally

‘Access to trial documents by those that are not parties to a particular case is limited to ‘records of the court’, and does not include the likes of trial bundles nor, in general, other trial documents, the Court of Appeal has confirmed.’

OUT-LAW.com, 13th August 2018

Source: www.out-law.com

Success of court disclosure reforms requires ‘cultural change’ – OUT-LAW.com

Posted August 10th, 2018 in civil procedure rules, disclosure, documents, news by sally

‘Plans to overhaul document disclosure in the courts in England and Wales have been approved by the Civil Procedure Rule Committee (CPRC).’

OUT-LAW.com, 8th August 2018

Source: www.out-law.com

Appeal judges take master to task for handing boxes of documents to non-party – Litigation Futures

Posted August 9th, 2018 in civil procedure rules, disclosure, documents, injunctions, jurisdiction, news, third parties by tracey

‘The Court of Appeal has strongly criticised a Queen’s Bench Master who allowed six boxes of court documents to be removed from the High Court by a non-party without notifying the defendant.’

Litigation Futures, 9th August 2018

Source: www.litigationfutures.com

Caroline Wood discusses costs, Qowcs and multiple defendants – Park Square Barristers

Posted August 6th, 2018 in civil procedure rules, costs, enforcement, news, personal injuries by sally

‘This was a noise induced hearing loss claim where the claimant had issued against 6 Defendants. On 12 December 2016, the claimant compromised its claim against D4 – D6. That compromise was in the form of a Tomlin order. It ordered that all further proceedings in respect of the claims against D4- D6 were stayed, except for the purposes of carrying out the agreed terms of settlement, which were set out in a separate schedule.’

Park Square Barristers, 24th July 2018

Source: www.parksquarebarristers.co.uk

Rule committee signs off disclosure pilot rules – Litigation Futures

Posted August 1st, 2018 in civil procedure rules, disclosure, news, pilot schemes by sally

‘The Civil Procedure Rule Committee has given its final approval to the two-year disclosure pilot scheme for cases in the Business & Property Courts.’

Litigation Futures, 1st August 2018

Source: www.litigationfutures.com

Applying to commit for breach of a child arrangements order – Family Law

Posted July 19th, 2018 in child arrangements orders, civil procedure rules, contact orders, family courts, news by tracey

‘Family analysis: Sarah Keily, partner at Thomson Snell & Passmore in Tunbridge Wells, discusses the decision in CH v CT [2018] EWHC 1310 (Fam), [2018] All ER (D) 03 (Jul), which illustrates the need to strictly comply with the relevant procedural requirements when seeking a committal order following a breach of a child arrangements order.’

Family Law, 19th July 2018

Source: www.familylaw.co.uk

UK government launches consultation on open justice – OUT-LAW.com

Posted July 17th, 2018 in civil justice, civil procedure rules, consultations, disclosure, injunctions, news by tracey

‘The UK government is seeking to clarify the rules governing when litigation should be heard in private, in a bid to safeguard the principles of open justice.’

OUT-LAW.com, 16th July 2018

Source: www.out-law.com

Lawyers could be forced to share notes of hearings with litigants in person – Litigation Futures

Posted July 17th, 2018 in civil procedure rules, consultations, disclosure, litigants in person, news by tracey

‘A new rule giving judges the power to order lawyers to share notes of hearings with litigants in person is being proposed by the Ministry of Justice (MoJ). Another new rule would put the parties under an explicit obligation to disclose to the other side communications with the court.’

Litigation Futures, 17th July 2018

Source: www.litigationfutures.com

Good and bad news for Civil Liability Bill opponents – Legal Futures

Posted July 9th, 2018 in bills, civil procedure rules, electronic filing, litigants in person, news, personal injuries by sally

‘There was good and bad news from Parliament yesterday for opponents of the Civil Liability Bill as its consideration by MPs was delayed but chances of it being amended receded.’

Legal Futures, 6th July 2018

Source: www.legalfutures.co.uk

Enforcement and the powers of the family court: VS v RE [2018] EWFC 30 – Family Law Week

Posted July 5th, 2018 in charging orders, civil procedure rules, drafting, enforcement, family courts, jurisdiction, news by tracey

‘Michael Horton, barrister at Coram Chambers explains the jurisdiction of the family court in relation to enforcement proceedings and highlights considerations which impact on the drafting of recitals to consent orders.’

Family Law Week, 4th July 2018

Source: www.familylawweek.co.uk

Court of Appeal cracks down on misconduct in detailed assessment in “watershed ruling” – Litigation Futures

Posted June 22nd, 2018 in civil procedure rules, costs, news, personal injuries, solicitors by tracey

‘The Court of Appeal has handed down what one of the lawyers involved has described as a “watershed” ruling on the conduct of detailed assessment proceedings, which saw a successful claimant lose half of her profit costs for claiming a higher hourly rate than she was entitled to.’

Litigation Futures, 22nd June 2018

Source: www.litigationfutures.com

If it’s in the bundle, it’s in evidence – Hardwicke Chambers

Posted June 18th, 2018 in civil procedure rules, documents, evidence, interpretation, news by sally

‘A recent trial in the County Court in Central London has confirmed that any document in the trial bundle is in evidence, irrespective of whether it is adduced to a witness statement.’

Hardwicke Chambers, 10th May 2018

Source: www.hardwicke.co.uk

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