Judge throws out expert evidence during trial in excoriating ruling – Litigation Futures

‘The High Court has excluded three expert witness statements during the trial after ruling that their opinions appeared “directly influenced” by the instructing party.’

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Litigation Futures, 2nd June 2021

Source: www.litigationfutures.com

Part 36 Offers : Children and Protected Parties Wormald -v- Ahmed [2021] EWHC 973 (QB) – St Philips Barristers

‘In claims concerning a child or a protected party, acceptance of a Part 36 offer is subject to the approval process under Part 21. Consequently, the accepted Part 36 offer is not deemed binding until the court approves the same. What would happen if the offeror wishes to withdraw the Part 36 offer during the period between acceptance and approval due to a material change in circumstances such as the death of a protected party?’

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St Philips Barristers, 13th May 2021

Source: st-philips.com

The 64-page guide for litigants in person bringing ‘simple’ whiplash claims – Legal Futures

‘A 64-page users’ guide aimed at litigants in person who have to navigate the “straightforward” Official Injury Claim (OIC) portal for whiplash claims was published yesterday.’

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Legal Futures, 30th April 2021

Source: www.legalfutures.co.uk

Defendant can resile from part 36 offer accepted before protected party’s death – Litigation Futures

‘It would be unjust for a defendant to be bound by the acceptance of a six-year-old part 36 offer on behalf of a protected party just hours before their death, the High Court has indicated.’

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Litigation Futures, 22nd April 2021

Source: www.litigationfutures.com

Trainee’s lockdown-induced error leads to claim’s failure – Litigation Futures

Posted April 21st, 2021 in civil procedure rules, claims management, news, service, solicitors, time limits by tracey

‘There was nothing in the CPR that could make good a mistake by a trainee solicitor in not serving a claim form in time, even though it was down to the disruption of Covid, the High Court has ruled.’

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Litigation Futures, 21st April 2021

Source: www.litigationfutures.com

Budget variation application failed promptness test, master rules – Litigation Futures

Posted April 15th, 2021 in budgets, civil procedure rules, costs, drafting, negligence, news by sally

‘A High Court master has sent out a strong message on the need to seek budget variations promptly after refusing a bid to increase two claimants’ budgets by £1.3m.’

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Litigation Futures, 13th April 2021

Source: www.litigationfutures.com

‘Informed consent’ fees dispute set for Court of Appeal showdown – Law Society’s Gazette

‘Afees dispute in a personal injury claim with the potential to affect thousands of similar cases is set to be contested in the Court of Appeal.’

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Law Society's Gazette, 24th March 2021

Source: www.lawgazette.co.uk

Ministry of Justice to consult on judicial review reforms including power to suspend quashing orders, removal of ‘Cart judgments’, and procedural changes – Local Government Lawyer

‘The Ministry of Justice has launched a consultation on giving the courts the power to suspend quashing orders, removing so-called “Cart judgments”, and introducing a series of changes to civil procedure rules, following recommendations by the Independent Review of Administrative Law (IRAL) led by Lord Faulks QC.’

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Local Government Lawyer, 19th March 2021

Source: www.localgovernmentlawyer.co.uk

Online court may need only one procedure rule, says Briggs – Law Society’s Gazette

Posted March 19th, 2021 in bills, civil procedure rules, internet, judges, news, remote hearings by sally

‘Legislation this year could introduce radically simplified procedure rules for the proposed online civil court, Supreme Court justice Lord Briggs has revealed. Addressing a Cyprus conference on civil procedure rules, Lord Briggs said the online court – whether for civil, family or tribunal cases – might have only one rule: “Do what it says in the electronic form.”’

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Law Society's Gazette, 17th March 2021

Source: www.lawgazette.co.uk

Court can order solicitor to attend wasted costs cross-examination – Litigation Futures

Posted March 12th, 2021 in civil procedure rules, costs, courts, cross-examination, news, solicitors by sally

‘The court has the power to require a solicitor to attend court for cross-examination in respect of a wasted costs application, a High Court judge has ruled.’

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Litigation Futures, 11th March 2021

Source: www.litigationfutures.com

A Spate of Strike Outs: A Review of the Law on Res Judicata – Ropewalk Personal Injury Blog

‘During January 2021 the Court of Appeal handed down three judgments on appeals relating to strike out applications under CPR 3.4(2)(b): Allsop v Banner Jones Ltd [2021] EWCA Civ 7, PricewaterhouseCoopers LLP v BTI 2014 LLC [2021] EWCA Civ 9 and Tinkler v Ferguson [2021] EWCA Civ 18.’

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Ropewalk Personal Injury Blog, 25th February 2021

Source: www.ropewalk.co.uk

The New SCT RTA Protocol & Whiplash Regulations – 12 King’s Bench Walk

‘Details of the new SCT RTA Protocol[1] (“the Protocol”) which sits alongside the new whiplash tariff, as set out in The Whiplash Injury Regulations 2021 (“the Whiplash Regulations”) were announced at the end of February. They will come into force, alongside the accompanying changes to the Civil Procedure Rules, on 31 May 2021.’

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12 King's Bench Walk, 3rd March 2021

Source: www.12kbw.co.uk

New Requirements for Witness Statements – 3 Hare Court

‘From 6 April 2021, a new regime for witness statements in the Business and Property Courts will come into force. Practice Direction 57AC will introduce significantly tighter requirements that will apply to all trial witness statements signed on or after 6 April 2021, including those in claims that have already been issued.’

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3 Hare Court, February 2021

Source: 3xuhxi1g279p1z966c3knla6-wpengine.netdna-ssl.com

Practice Direction 27A and its application to financial proceedings – 3PB

‘The courts are increasingly referring to PD 27A and the necessity for compliance.’

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3PB, 26th February 2021

Source: www.3pb.co.uk

A new approach to witness statements in the Business and Property Courts: the new Practice Direction 57AC – Hardwicke Chambers

‘The new Practice Direction 57AC (Witness evidence at trial) is set to significantly alter the approach taken to witness statements in the Business and Property Courts (B&PCs) by introducing new rules to deal with “the phenomenon over-long, over-lawyered trial witness statements” (paragraph 10 of the Factual Witness Evidence in Trials before the Business & Property Courts: Implementation Report of the Witness Evidence Working Group (31 July 2020) (Implementation Report). It will apply in the B&PCs to witness statements signed on or after 6 April 2021 in both new and existing proceedings (paragraph 1.1, PD 57AC. Note that certain types of proceedings are excluded unless the court directs otherwise: see paragraph 1.3).’

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Hardwicke Chambers, 4th March 2021

Source: hardwicke.co.uk

A lesson in how not to write a Pre-Action Protocol (or change the CPR more generally) – No. 5 Chambers

‘If you are unlucky enough to have a car crash after 31 May 2021 and suffer whiplash injuries, you will face a very different approach to the valuation of and means of obtaining your damages. The new tariff regulations – The Whiplash Injury Regulations 2021 – will reduce general damages significantly, from the potential £4,080 for a 12-month whiplash injury under the Judicial College Guidelines to a fixed £1,320 under the tariff scheme.’

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No. 5 Chambers, 1st March 2021

Source: www.no5.com

Government reveals long-awaited whiplash rules and tariffs – Law Society’s Gazette

‘The government has confirmed that legislation paving the way for whiplash reforms will come into force from 31 May. Newly-published draft statutory instruments have also finally indicated the tariff levels at which damages will be set for soft tissue injuries suffered in road traffic accidents.’

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Law Society's Gazette, 26th February 2021

Source: www.lawgazette.co.uk

Committal for contempt: CPR Part 81 and recent cases – Guildhall Chambers

Posted February 19th, 2021 in chambers articles, civil procedure rules, contempt of court, news by sally

‘As Foxton J observed in Integral Petroleum SA v Petrogat FZE [2020] EWHC 558 (Comm) at [26], applications for committal for contempt of court have become an increasingly common feature of High Court litigation, particularly in the Business and Property Courts.’

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Guildhall Chambers, 12th February 2021

Source: www.guildhallchambers.co.uk

New witness statements Practice Direction approved – Courts and Tribunals Judiciary

Posted February 19th, 2021 in civil procedure rules, evidence, practice directions, press releases, witnesses by tracey

‘The Civil Procedure Rule Committee has approved new Practice Direction PD57AC which seeks to promote and enforce best practice on the preparation of witness statements.’

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Courts and Tribunals Judiciary, 18th February 2021

Source: www.judiciary.gov.uk

Okpabi & others v Royal Dutch Shell Plc and another – Blackstone Chambers

‘The Supreme Court has given judgment in a high-profile appeal which raises important issues regarding the proper approach to jurisdictional challenges and the potential liability of parent companies in respect of damage caused by their subsidiaries.’

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Blackstone Chambers, 12th February 2021

Source: www.blackstonechambers.com