Proposed changes to Pre-Action Protocols – Local Government Lawyer

Posted September 29th, 2023 in civil procedure rules, local government, news, pre-action conduct by tracey

‘The Civil Justice Council has published its final report on Pre-Action Protocols. Jim Byard summarises the main recommendations and discuss the implications for practitioners.’

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Local Government Lawyer, 29th September 2023

Source: www.localgovernmentlawyer.co.uk

Experts hit out at 20-page limit on reports in intermediate track – Legal Futures

Posted September 29th, 2023 in civil procedure rules, costs, expert witnesses, limitations, news by tracey

‘Expert witnesses have made a last-minute call to scrap the rule in the new intermediate track for civil claims that limits their reports to 20 pages.’

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Legal Futures, 29th September 2023

Source: www.legalfutures.co.uk

Expert evidence – the importance of independence – Mills & Reeve

‘The rules on expert witnesses in the courts of England and Wales are governed by Part 35 of the Civil Procedure Rules. One of the fundamental principles when it comes to expert evidence is that of independence.’

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Mills & Reeve, 19th September 2023

Source: www.mills-reeve.com

When could issuing a claim form involve an abuse of process? – Mills & Reeve

Posted September 20th, 2023 in abuse of process, chambers articles, civil procedure rules, costs, news by sally

‘A party to litigation can act in abuse of process in many different circumstances. Abusing the process of the court can lead to the striking out of a claim or defence, or to other less draconian sanctions. In this article, we consider when a claimant could be found to have acted in abuse of process shortly before and when issuing proceedings.’

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Mills & Reeve, 19th September 2023

Source: www.mills-reeve.com

Denton and applications to set aside default judgments – Local Government Lawyer

‘The Court of Appeal has settled the uncertainty around whether the ruling in Denton applies to applications to set aside a default judgment, writes Alastair Cantor.’

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Local Government Lawyer, 8th September 2023

Source: www.localgovernmentlawyer.co.uk

Applications for Anti-Social Behaviour Injunctions and Gang-Related Violence Injunctions – Local Government Lawyer

‘Richard Dewsbery reports on an important recent change to the Civil Procedure Rules that affects the N16A application form.’

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Local Government Lawyer, 1st September 2023

Source: www.localgovernmentlawyer.co.uk

Contempt of court – yet more confusion and inconsistency over naming of guilty party – Transparency Project

‘This case has also revealed inconsistencies within and between a key practice direction and recently updated rules of court, and differences of approach between senior High Court judges. In these circumstances, it seems difficult to expect ordinary mortals to follow and understand the law, the key purpose of which is to prevent criminal penalties (including imprisonment) being imposed against someone in secret. It is particularly difficult because, as we discovered, the relevant rules and practice directions are not at all easy to find.’

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Transparency Project, 1st August 2023

Source: transparencyproject.org.uk

The timing of procurement challenges – Local Government Lawyer

‘Would-be challengers and defending contracting authorities need to be aware of a number of unique timing factors, and the notoriously short timeframes, for the initial stages of procurement challenges. The Altiatech judgment usefully examines some of the key risk areas, write Zachary Bourne, Lloyd Nail and Ian Tucker.’

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Local Government Lawyer, 23rd June 2023

Source: www.localgovernmentlawyer.co.uk

Court orders breakdown of medical expert fees – Law Society’s Gazette

Posted May 26th, 2023 in civil procedure rules, costs, expert witnesses, fees, hospitals, news by tracey

‘Medical reporting organisations could face more scrutiny over their costs after a court ordered a full breakdown of expert fees.’

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Law Society's Gazette, 25th May 2023

Source: www.lawgazette.co.uk

Judge throws out DeepMind NHS data action – Law Society’s Gazette

‘A representative claim on behalf of 1.6 million people whose medical records were drawn upon to help Google subsidiary DeepMind develop an app has been thrown out by the High Court because of the claimants’ differing circumstances. Ruling in Prismall v Google UK & Anor, Mrs Justice Heather Williams DBE found that the claim failed the ‘same interest’ requirement set out in the civil procedure rules.’

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Law Society's Gazette, 22nd May 2023

Source: www.lawgazette.co.uk

Google representative action on behalf of 1.6m people struck out – Legal Futures

‘The High Court has struck out a representative action brought on behalf of 1.6m people who claimed Google and DeepMind Technologies misused their medical records.’

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Legal Futures, 22nd May 2023

Source: www.legalfutures.co.uk

QOCS changes in April 2023: the practical and tactical implications for claimants and their solicitors – Gatehouse Chambers

‘In what is becoming something of a pattern, the Rules committee have come along to clear up the anomaly resulting from the decisions in the Appellate courts, this time in Cartwright v Venduct Engineering Ltd [2018] EWCA Civ 1654; [2018] 1 WLR 6137 and Ho v Adelekun [2021] UKSC 43; [2021] 1 WLR 5132.’

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Gatehouse Chambers, 16th March 2023

Source: gatehouselaw.co.uk

Excalibur & Keswick Groundworks Ltd v McDonald – 3PB

Posted April 11th, 2023 in chambers articles, civil procedure rules, costs, news, personal injuries by sally

‘In Excalibur & Keswick Groundworks Ltd v McDonald [2023] EWCA Civ 18, the Court of Appeal has confirmed the difficulty of removing QOCS protection from a claimant who discontinues at the last moment. This follows previous decisions in the same spirit, such as Mabb v English [2017] EWHC 3616 (QB).’

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3PB, March 2023

Source: www.3pb.co.uk

QOCS and obstructing “the just disposal of proceedings” under CPR 44.15(c) in Excalibur and Keswick Groundworks v McDonald [2023] EWCA Civ 18 – 39 Essex Chambers

Posted April 11th, 2023 in chambers articles, civil procedure rules, costs, news, personal injuries by sally

‘It is a frustrating scenario which will be familiar to many defendant personal injury practitioners. A claimant moments before a trial begins, decides to file a notice to discontinue. The defendant, who has spent years building the defence at significant cost and expense, is unable to recover its legal costs because the claimant is protected under the Qualified One Way Costs Shifting (“QOCS”) regime. Is a defendant able to set aside this notice of discontinuance on the basis that the Claimant’s last-minute conduct has “obstructed the just disposal of proceedings” and thereby remove QOCS protection under CPR 44.15(c)? This issue came before the Court of Appeal in the recent case of Excalibur and Keswick Groundworks Limited v Keswick [2023] EWCA Civ 18.’

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39 Essex Chambers, 29th March 2023

Source: www.39essex.com

Spousal applications for reasonable financial provision under section 1 (1) (a) of the Inheritance Act 1975: Law and procedure and the judgment of Mr Justice Peel in Kaur v Estate of Karnail Singh & Ors [2023] EWHC 304 (Fam) – Becket Chambers

‘It was, Mr Justice Peel concluded, “the clearest possible case” for reasonable financial provision from a deceased’s estate under section 1 (1) (a) of the Inheritance (Provision for Family and Dependants) Act 1975 (IA 1975).’

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Becket Chambers, 15th March 2023

Source: becket-chambers.co.uk

A Real Shift – Substantial Changes to CPR 44.14 – 3PB

‘Currently set off of a defendant’s costs against a claimant’s costs is precluded where it exceeds the monetary cap reflecting the total of any orders for damages and interest made in a claimant’s favour (Ho v Adelekun [2021] UKSC 43). Moreover, a defendant can only enforce their costs against damages and interest ordered in a claimant’s favour, i.e. not against a settlement made in the claimant’s favour (Cartwright v Venduct Engineering Ltd [2018] EWCA Civ 1654).’

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3PB, March 2023

Source: www.3pb.co.uk

You should have read the CPR, judge tells litigant in person – Law Society’s Gazette

Posted April 4th, 2023 in civil procedure rules, judges, limitations, litigants in person, news by sally

‘A judge has chided a litigant in person for failing to familiarise himself with the civil procedure rules and the statutes governing limitation. Effectively quashing a defamation claim brought against Pakistani newspaper publishers, a broadcaster and a journalist, Master Cook said that claimant Shah Muhammad had not consulted the Kings Bench Guide and the CPR, both available online.’

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Law Society's Gazette, 3rd April 2023

Source: www.lawgazette.co.uk

Owen v Black Horse Limited [2023] EWCA Civ 325 – No Strike Out Despite the Claimant’s Absence at Trial – Pump Court Chambers

‘The Court of Appeal has interpreted the rules for non-attendance on the small claims track in a manner consistent with rule 39.3 in finding that an absent Claimant nevertheless “appeared” at his trial, through his legal representative.’

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Pump Court Chambers, 29th March 2023

Source: www.pumpcourtchambers.com

Directors Accountability and Burdens of Proof – New Square Chambers

‘In our latest article, James Saunders examines burdens of proof in claims against directors, the duty of directors to account for company assets and the ambit of CPR 32.19 notices to prove documents.’

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New Square Chambers, 13th March 2023

Source: www.newsquarechambers.co.uk

Sir Geoffrey Vos, Master of the Rolls and Head of Civil Justice, reflects on 25 years of the Civil Justice Council – Courts and Tribunals Judiciary

Posted March 21st, 2023 in Civil Justice Council, civil procedure rules, news by tracey

‘Sir Geoffrey Vos, Master of the Rolls and Head of Civil Justice, reflects on 25 years of the Civil Justice Council.’

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Courts and Tribunals Judiciary, 20th March 2023

Source: www.judiciary.uk