‘A committee of High Court judges, joined by a leading QC and City solicitor, has revealed its recommendations for faster trials of commercial disputes.’
Litigation Futures, 15th May 2015
Source: www.litigationfutures.com
‘The Senior Costs Judge, Master Gordon-Saker, has been overruled by the High Court after he denied a claimant who made a successful part 36 offer in detailed assessment proceedings the additional 10% uplift to which he was entitled.’
Litigation Futures, 11th May 2015
Source: www.litigationfutures.com
Regina (Nicolson) v Tottenham Magistrates’ Court: [2015] EWHC 1252 (Admin); [2015] WLR (D) 204
‘Before being empowered to make an order under regulation 34(7) of the Council Tax (Administration and Enforcement) Regulations 1992 for costs reasonably incurred by a local authority in council tax enforcement proceedings, the magistrates’ court had to have made a proper judicial determination of what costs had been reasonably incurred by the applicant in obtaining the liability order, that determination being based on proper and sufficient material provided by the applicant.’
WLR Daily, 6th May 2015
Source: www.iclr.co.uk
‘CPR 63.20 (2) requires those bringing claims in the Intellectual Property Enterprise Court (“IPEC”) including the small claims track to state whether they have complied with paragraph 7.1(1) and Annex A (paragraph 2) of the Practice Direction (Pre-Action Conduct). If they don’t the defendant has an extra 28 days in which to file his or her defence under CPR 63.22 (3). But if you actually turn to the Practice Direction – Pre-Action Conduct you will find that the old paragraph 7 and Annex A aren’t there any more.’
NIPC Law, 6th May 2015
Source: www.nipclaw.blogspot.co.uk
‘April has seen a great deal of discussion on costs and budgeting. Here is a review of what else we have been writing about this month.’
Zenith PI, 6th May 2015
Source: www.zenithpi.wordpress.com
‘A High Court judge has hit out at the “documentary carpet bombing” he faced in a negligence claim before him and warned litigants of the costs consequences that such behaviour can trigger.’
Litigation Futures, 7th May 2015
Source: www.litigationfutures.com
‘A High Court judge has upheld a decision refusing relief from sanctions because the solicitors involved were “serial offenders” in breaking the rules during the case.’
Litigation Futures, 30th April 2015
Source: www.litigationfutures.com
‘In order for a non-party to be “directly affected” by a judgment or order for the purpose of CPR r 40.9, it was necessary that some interest capable of recognition by the law was materially and adversely affected by the judgment or order or would be materially and adversely affected by the enforcement of the judgment or order.’
WLR Daily, 17th April 2015
Source: www.iclr.co.uk
‘A specially constituted fivemember Court of Appeal handed down judgment last week in the case of R v Hunter & Others [2015] EWCA Crim 631. The court heard a number of appeals concerning the circumstances in which a good character direction should be given and the extent of such a direction.’
Full story (PDF)
Zenith Chambers, 20th April 2015
Source: www.zenithchambers.co.uk
‘The master of the rolls has called for further simplification of the Civil Procedure Rules to reduce delays in the justice system.’
Law Society’s Gazette, 23rd April 2015
Source: www.lawgazette.co.uk
‘Since the introduction of the Civil Procedure Rules, the standard basis of assessment of costs in civil litigation has required costs to be proportionate to the matters in issue as well as reasonably incurred and proportionate in amount.’
Zenith PI Blog, 20th April 2015
Source: www.zenithpi.wordpress.com
‘The new rule on fundamental dishonesty in personal injury actions, which comes into force today under section 57 of the Criminal Justice and Courts Act 2015, brings with it “a lot of potential for satellite litigation”, a leading defence lawyer has warned.’
Litigation Futures, 13th April 2015
Source: www.litigationfutures.com
‘A cautionary tale on how, when things go badly wrong, it is, by and large, better not to take active steps to make them worse.’
Nearly Legal, 8th April 2015
Source: www.nearlylegal.co.uk
‘A claim for misuse of private information should be categorised as a tort for the purposes of service of proceedings out of the jurisdiction.’
WLR Daily, 18th March 2015
Source: www.iclr.co.uk
‘CPR r 3.3(5) did not apply to orders made under rule 6.5(1) of the Insolvency Rules 1986. Therefore an order under rule 6.5(1) did not have to state that the debtor could apply to have it set aside, varied or stayed.’
WLR Daily, 1st April 2015
Source: www.iclr.co.uk
‘Part 36 of the Civil Procedure Rules encourages parties to settle their disputes. It does this by imposing sanctions if one party turns down an offer to settle but then doesn’t get a better result at trial. The rules are complex, so Andrew Mitchell takes a closer look at the latest changes to Part 36.’
Park Square Barristers, 1st April 2015
Source: www.parksquarebarristers.co.uk
PF (Nigeria) v Secretary of State for the Home Department [2015] EWCA Civ 251; [2015] WLR (D) 149
‘Where a decision of the First-tier or Upper Tribunal was not unanimous and the votes of the tribunal members were equally divided, the power conferred on the presiding member of the tribunal to provide the casting vote was not to be exercised irrespective of the nature and extent of the disagreement between the tribunal members. Disagreement as to the applicable law might in general justify the exercise of the casting vote, but not disagreement on fundamental primary factual issues.’
WLR Daily, 25th March 2015
Source: www.iclr.co.uk
‘“You can’t get blood out of a stone”. “There’s no point in throwing good money after bad”. Many will have found themselves using clichés when advising a claimant where the defendant’s ability to meet any future award is very much in doubt. In professional negligence claims the normal expectation is that the defendant will have professional indemnity insurance cover that will meet any claim, but how can one be sure? And even if there is cover can one find out the level of that cover?’
Hardwicke Chambers, 24th March 2015
Source: www.hardwicke.co.uk
Heron Bros Ltd v Central Bedfordshire Council [2015] EWHC 604 (TCC); [2015] WLR (D) 137
‘The term “service in accordance with rules of court” in regulation 47F(5) of the Public Contracts Regulations 2006, as amended, meant that valid service was achieved when the relevant step for service of a claim form, set out in CPR r 7.5(1), was completed within the seven-day time limit prescribed by regulation 47F(1).’
WLR Daily, 20th March 2015
Source: www.iclr.co.uk
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