civil procedure rules – Page 24 – Current Awareness

A Stitch in Time Saves Nine – Hardwicke Chambers

Posted May 16th, 2017 in amendments, civil justice, civil procedure rules, news, time limits by sally

‘In the well-known case of Cobbold v London Borough of Greenwich (LTL 24/5/2001) Gibson LJ said:

‘The overriding objective (of the CPR) is that the court should deal with cases justly. That includes, so far as is practicable, ensuring that each case is dealt with not only expeditiously but also fairly. Amendments in general ought to be allowed so that the real dispute between the parties can be adjudicated upon provided that any prejudice to the other party or parties caused by the amendment can be compensated in costs, and the public interest in the efficient administration of justice is not significantly harmed…’.’

Hardwicke Chambers, 11th April 2017

Source: www.hardwicke.co.uk

Civil procedure: Unreasonable conduct and costs – Law Society’s Gazette

Posted May 15th, 2017 in appeals, civil procedure rules, costs, news, small claims by sally

‘It is trite that a court will carefully scrutinise the parties’ behaviour when assessing costs in civil disputes. There is now a rich body of case law which provides judicial guidance on the courts’ general approach in assessing unreasonable behaviour when considering whether to make adverse costs orders. Further judicial guidance on assessing unreasonable behaviour has recently been given by the Court of Appeal in Dammermann v Lanyon Bowdler LLP [2017] EWCA Civ 269. In that case the court provided important guidance on the ‘unreasonable behaviour’ test for ordering costs in the small claims court.’

Law Society’s Gazette, 15th May 2017

Source: www.lawgazette.co.uk

High Court upholds decision to disapply QOCS in ‘mixed’ claim – Litigation Futures

Posted May 9th, 2017 in civil procedure rules, costs, news, personal injuries by sally

‘The High Court has upheld a ruling that disapplied qualified one-way costs-shifting (QOCS) under the little-used exception relating to “mixed” claims, and in what is said to be the first case of its type, where the personal injury (PI) element was found to be a relatively minor part of the wider claim.’

Litigation Futures, 9th May 2017

Source: www.litigationfutures.com

CA offers pointers on when costs should be awarded in small claims court – Litigation Futures

Posted April 19th, 2017 in appeals, civil procedure rules, costs, judges, news, small claims by sally

‘The “unreasonable conduct” test for ordering costs in the small claims court is similar to that for wasted costs, the Court of Appeal has ruled, but said it would not want litigants to be “too easily deterred” by the risk of an adverse costs award.’

Litigation Futures, 18th April 2017

Source: www.litigationfutures.com

Primeview Developments Ltd v Ahmed – Arden Chambers

Posted April 6th, 2017 in agreements, civil procedure rules, landlord & tenant, news, service charges, tribunals by sally

‘The Upper Tribunal (Lands Chamber) has held that it is was not unreasonable conduct for the purposes of r.13(1)(b), Tribunal Procedure Rules, for a landlord to seek to rely on an agreement that service charges were payable, even if that agreement was subsequently determined to be void. Nor did the landlord’s failure to mediate amount to unreasonable conduct in circumstances where the prospects of a reaching an agreement were slight and the costs of mediation likely to be disproportionate. It also held that orders pursuant to s.20C, Landlord and Tenant Act 1985, should not treat participating leaseholders differently from one another on the basis of their involvement in proceedings. The focus should be on the landlord’s degree of success regardless of each individual leaseholder’s involvement.’

Arden Chambers, 3rd March 2017

Source: www.ardenchambers.com

Rule 16.3(7) – Statement of under value to be included in the claim form? – 4 KBW

Posted April 6th, 2017 in civil procedure rules, claims management, damages, defamation, documents, news, terrorism, valuation by sally

‘Sir David Eady J delivered a judgment on 30 March in the case of Mohamed Ali Harrath v Stand for Peace Limited and Samuel Westrop [2017] EWHC 653 (QB) (available here) in which he held that a claimant is entitled to recover damages that exceed the statement of value included in the claim form.’

4 KBW, 30th March 2017

Source: www.4kbw.net

The more things change, the more they stay the same – Hardwicke Chambers

Posted April 5th, 2017 in abuse of process, civil procedure rules, construction industry, courts, dispute resolution, enforcement, judges, mistake, news, summary judgments by sally

‘Every time we think the courts might have given defendants in adjudication enforcement proceedings slightly more latitude in raising their dissatisfaction with an adjudicator’s decision, the court brings us back down to earth with a bump and reminds us that, in fact, no matter how hard done by our clients feel, they will have to “pay now and argue later”, save in the rarest of cases.’

Hardwicke Chambers, 27th March 2017

Source: www.hardwicke.co.uk

Rule committee backs moves to increase take-up of expert ‘hot-tubbing’ – Litigation Futures

Posted April 5th, 2017 in case management, Civil Justice Council, civil procedure rules, evidence, expert witnesses, news, reports by sally

‘Expert witnesses giving concurrent evidence – or ‘hot-tubbing’ – should be the default position in the Mercantile Court and Technology and Construction Court (TCC), the Civil Procedure Rule Committee (CPRC) has suggested.’

Litigation Futures, 4th April 2017

Source: www.litigationfutures.com

Part 36 penalties aimed at conduct, not just compensation, says appeal court – Litigation Futures

Posted April 4th, 2017 in appeals, civil procedure rules, compensation, news, part 36 offers by sally

‘A community-led recycling organisation has submitted a complaint to the Competition and Markets Authority claiming that a county council’s contract with an incinerator company breaks competition law.’

Litigation Futures, 3rd April 2016

Source: www.litigationfutures.com

Merrix v Heart of England NHS Foundation Trust – Litigation Futures

Posted March 24th, 2017 in budgets, civil procedure rules, costs, news by sally

‘The issue of costs budgets continues to occupy court time with The Honourable Mrs Justice Carr DBE the latest, and most senior, judge to give consideration to what, if any, weight an approved costs budget had when the bill of costs was the subject of a detailed assessment.’

Litigation Futures, 22nd March 2017

Source: www.litigationfutures.com

Civil procedure: discontinuing an arbitration claim – Law Society’s Gazette

Posted March 13th, 2017 in arbitration, civil procedure rules, claims management, dismissal, documents, enforcement, news, setting aside, undertakings by sally

‘What happens if a party to arbitral proceedings decides to commence an arbitration claim in the High Court (CPR part 62) but subsequently files and serves a notice of discontinuance? Will the claim be automatically discontinued with the usual cost consequences? And what approach will the court take if the other side decides to apply to have the notice set aside? These issues were considered in National Iranian Oil Company v (1) Crescent Petroleum Company International Ltd (2) Crescent Gas Corporation Lid [2016] EWHC 1900 (Comm).’

Law Society’s Gazette, 13th March 2017

Source: www.lawgazette.co.uk

New costs cap regime in force for environmental cases – OUT-LAW.com

Posted March 6th, 2017 in civil procedure rules, costs, costs capping orders, courts, EC law, environmental protection, judicial review, legislation, local government, news, planning, proportionality, treaties by sally

‘Courts in England and Wales have new powers to change the maximum cost liabilities that those challenging environmental decisions of public bodies’ through judicial review could be exposed to under new rules that are now in force.’

OUT-LAW.com, 3rd March 2017

Source: www.out-law.com

Judge calls for ‘procedural co-ordination’ in development of legal costs law – OUT-LAW.com

Posted March 2nd, 2017 in budgets, civil procedure rules, costs, news, pre-action conduct by sally

‘It will be important for judges to take a co-ordinated approach as the case law around legal costs and cost budgeting develops, a High Court judge has said.’

OUT-LAW.com, 2nd March 2017

Source: www.out-law.com

The Importance of Costs Budgets – Merrix v Heart of England NHS Trust [2017] EWHC 346 (QB) – Zenith PI Blog

Posted March 2nd, 2017 in budgets, civil procedure rules, costs, news by sally

‘The Appellant had succeeded against the Respondent in a clinical negligence claim but when the matter came before District Judge Lumb for a detailed assessment of her costs, he was asked to determine as a preliminary issues whether his discretion on costs was fettered by the cots budgeting regime. The case had settled in advance of the trial with the inevitable consequence that the Appellant’s costs were significantly less than those which had been budgeted for and approved pursuant to a previous costs management order made under CPR 3.15(2).’

Zenith PI Blog, 1st March 2017

Source: www.zenithpi.wordpress.com

Civil procedure update: new rules – make sure you know what’s coming! – Zenith PI Blog

Posted February 28th, 2017 in budgets, civil procedure rules, costs, fees, news, sanctions, trials by sally

‘On 3rd February 2017 the Civil Procedure (Amendment) Rules 2017 were made. The majority of these rules will come into force on 6th April 2017.’

Zenith PI, 28th February 2017

Source: www.zenithpi.wordpress.com

High Court: costs budget DOES trump detailed assessment – Litigation Futures

Posted February 27th, 2017 in appeals, budgets, civil procedure rules, costs, judges, judgments, news, stay of proceedings by sally

‘An approved or agreed budget will bind the parties at detailed assessment unless there is good reason not to, the High Court has ruled in a decision that is almost certain to go to the Court of Appeal.’

Litigation Futures, 24th February 2017

Source: www.litigationfutures.com

HRA Claims and Concurrent Care Proceedings: Third Party Costs Orders, Statutory Charge Guidance and an Invitation to the Lord Chancellor – Family Law Week

Posted February 27th, 2017 in children, civil procedure rules, costs, damages, family courts, human rights, immunity, legal aid, local government, lord chancellor, news, regulations, statutory duty, third parties by sally

‘Ben Mansfield, barrister of The 36 Group, examines the judgment of Mr Justice Keehan in H (A Minor) v Northamptonshire County Council and the Legal Aid Agency [2017] EWHC 282 (Fam).’

Family Law Week, 23rd February 2017

Source: www.familylawweek.co.uk

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

Posted February 24th, 2017 in civil procedure rules, costs, legislative drafting, news, part 36 offers, road traffic by sally

‘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.’

Litigation Futures, 23rd February 2017

Source: www.litigationfutures.com

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?’

Zenith PI Blog, 23rd February 2017

Source: www.zenithpi.wordpress.com

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

Posted February 8th, 2017 in civil procedure rules, divorce, documents, EC law, electronic filing, family courts, news, pilot schemes, practice directions by sally

‘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.’

Family Law Week, 7th February 2017

Source: www.familylawweek.co.uk

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