Tanir v Tanir [2015] EWHC 3363 (QB); [2015] WLR (D) 508
‘CPR r 13.2 was in mandatory terms, so that where it was far from certain that the court had served on the defendant a claim form by post in accordance with CPR r 6.18(1), judgment in default had to be set aside.’
WLR Daily, 7th December 2015
Source: www.iclr.co.uk
‘The Court of Appeal would not lightly interfere with a case management decision and would support robust and fair case management decisions by first instance judges to strike out, or to decline to strike out, claims under CPR r 3.4(2)(c). In a case in which the balance was a “fine” one, an appellate court should respect the balance struck by the first instance judge.’
WLR Daily, 8th December 2015
Source: www.iclr.co.uk
‘A part 36 offer made by a defendant with a counterclaim is not “automatically to be regarded as a claimant’s offer”, the High Court has ruled.’
Litigation Futures, 7th December 2015
Source: www.litigationfutures.com
‘The common law defence of tender before claim is a defence that, before the claimant commenced court proceedings, the defendant had unconditionally offered the amount due to the claimant.’
Law Society’s Gazette, 30th November 2015
Source: www.lawgazette.co.uk
‘In his monthly column, James Bickford Smith discusses the High Court’s decision in The Dorchester Group Limited t/a The Dorchester Collection v Kier Construction Limited [2015] EWHC 3051 (TCC) concerning an open offer of settlement.’
Littleton Chambers, 11th November 2015
Source: www.littletonchambers.com
‘A regular issue that is being raised at MOJ Stage 3 hearings, particularly since the introduction of the 13th edition of the JC Guidelines: can parties make new offers in their Part B forms and benefit from the cost consequences of Part 36.29 for beating/matching them? This article aims to set out the relevant rules and paragraphs to determine this issue.’
Park Square Barristers, 6th November 2015
Source: www.parksquarebarristers.co.uk
‘This was a Court of Appeal hearing on an appeal on costs. The original case was the landlord’s claim for rent arrears of some £6,000 and interest. The landlord also claimed for physical damage to the property by the tenant amounting to some £20,000 and consequential loss of rent. The tenant agreed some £6,000 in rent arrears, but denied the property damage. The tenant counterclaimed for failure to repair the property and breach of quiet enjoyment. The tenant also challenged the landlord’s identity as landlord and the interest rate claimed.’
Nearly Legal, 9th November 2015
Source: www.nearlylegal.co.uk
‘Clarise Properties Ltd v Rees [2015] EWCA Civ 1118 (Lawtel/Westlaw only from what I can see) is an interesting* permission to appeal decision. It appears that devolution has caused an odd little difference in the test for permission to appeal from the UT(LC) depending on whether the case started in England or Wales.’
Nearly Legal, 5th November 2015
Source: www.nearlylegal.co.uk
‘A claimant found to have brought a bogus personal injury claim – but then cleared of fraud in the Crown Court – can only face civil contempt proceedings if there is new evidence, the High Court has ruled.’
Litigation Futures, 4th November 2015
Source: www.litigationfutures.com
‘A party cannot use part of an open offer made during litigation as an admission by their opponent, the High Court has ruled.’
Litigation Futures, 27th October 2015
Source: www.litigationfutures.com
‘Lord Justice Jackson has called for the recently extended exemption for insolvency cases from the impact of his reforms to come to an end, describing recoverability as “an instrument of oppression, which is liable to crush defendants who have a good defence”.’
Litigation Futures, 20th October 2015
Source: www.litigationfutures.com
‘Lord Justice Jackson has urged the government to ditch one of the final exemptions to his civil justice reforms.’
Law Society’s Gazette, 19th October 2015
Source: www.lawgazette.co.uk
‘The Court of Appeal in Alpha Rocks Solicitors v Benjamin Oluwadare Alade [2015] EWCA Civ 685 dealt with the issue of when it was appropriate to strike out a claim on the grounds that the claimant has abused the process of the court.’
Law Society’s Gazette, 19th October 2015
Source: www.lawgazette.co.uk
‘Mishcon de Reya has failed in its bid to overturn the grant of relief from sanctions made in favour of claimants who are suing the London law firm for professional negligence but failed to serve their funding notice in time.’
Litigation Futures, 13th October 2015
Source: www.litigationfutures.com
‘The High Court has overturned a ruling that found a defendant had agreed a Part 36 offer to settle.’
Law Society’s Gazette, 13th October 2015
Source: www.lawgazette.co.uk
‘This case note discusses the power of a judge of the Intellectual Property Enterprise Court to make an extended civil restraint order under para 3.2 (1) (b).’
NIPC Law, 12th Ocotber 2015
Source: www.nipclaw.blogspot.co.uk
‘Today, on the 1st October 2015, when we are supposed to be celebrating the brave new world of the Competition Act 1998 (“CA”) as amended by the Consumer Rights Act 2015 (“CRA”), cartelists and other competition law infringers up and down the land must be rubbing their hands in glee at the transitional provisions contained in Rule 119 of the Competition Appeal Tribunal Rules 2015 (“the 2015 CAT Rules” or the “New Rules”).’
Competition Bulletin from Blackstone Chambers, 1st October 2015
Source: www.competitionbulletin.com
‘A and M, aged 12 and 4 respectively, brought claims in damages for personal injuries and consequential losses sustained in a road traffic accident on the 31st July 2013. Agreement was reached with the insurers for the Defendant for both general damages and special damages through the usual minor injury claim portal process. Naturally, that agreement was subject to the ultimate approval of the Court pursuant to Part 21 CPR. DJ Lumb at the County Court Sitting at Birmingham was able to provisionally approve awards of £2115 and £2065 respectively on 14th August 2015. In addition, the Defendant agreed to pay the fixed recoverable costs calculated in accordance with CPR Part 45. The case had progressed in the standard way up until this point.’
Zenith PI Blog, 29th September 2015
Source: www.zenithpi.wordpress.com
‘The fact that competition over success fees has not developed, as Lord Justice Jackson hoped it would, is down to both consumer ignorance and solicitors’ reluctance to do it, according to the judge who last month cast doubt on the widespread personal injury charging model.’
Litigation Futures, 22nd September 2015
Source: www.litigationfutures.com
‘A party that accidentally omitted an important page from its trial bundle has failed in its attempt to persuade the judge to reconsider his ruling. The claimant in Absolute Lofts as West London Ltd v Artisan Home Improvements Ltd & Anor (No2) [2015] EWHC 2632 (IPEC) made the application the day after His Honour Judge Hacon handed down his decision.’
Litigation Futures, 18th September 2015
Source: www.litigationfutures.com
© Inner Temple Library 2024