civil procedure rules – Page 4 – Current Awareness

Property guardians, possession claims and appearance of a defence for CPR 55.8 – Nearly Legal

Posted August 27th, 2021 in appeals, civil procedure rules, housing, landlord & tenant, news, repossession by tracey

‘Global 100 Ltd v Kyselakova & Ors (2021) EW Misc 13 (CC). This is the judgment in an appeal to a Circuit Judge – HHJ Luba QC – from a possession order made by a District Judge at the first hearing of the possession claim. The issues involved the threshold for “circumstances where the defendant had disputed the claim on grounds that appeared to be substantial.” for the purposes of CPR 55.8, (which is of broad application to all residential possession claims) as well as putative defences to the claim.’

Nearly Legal, 25th August 2021

Source: nearlylegal.co.uk

New Judgment: CPRE Kent v Secretary of State for Communities and Local Government [2021] UKSC 36 – UKSC Blog

Posted August 2nd, 2021 in appeals, civil procedure rules, costs, judicial review, local government, news, planning, Supreme Court by sally

‘The Supreme Court has unanimously dismissed this appeal concerning whether a claimant in statutory and judicial review cases who is unsuccessful at the permission stage should be liable for the costs of multiple other parties, including respondents and interested parties.’

UKSC Blog, 30th July 2021

Source: ukscblog.com

High Court warns uncooperative parties against “litigation warfare” – Legal Futures

Posted July 30th, 2021 in civil procedure rules, construction industry, costs, disclosure, dispute resolution, news, pilot schemes by sally

‘A High Court judge has warned against “litigation warfare” as he pleaded with the parties in a construction dispute to co-operate in the face of spiralling costs.’

Legal Futures, 30th July 2021

Source: www.legalfutures.co.uk

Removal and substitution of Personal Representatives under s 50 Administration of Justice Act 1985 – Radcliffe Chambers

Posted July 28th, 2021 in chambers articles, civil procedure rules, evidence, executors, jurisdiction, news by sally

‘Nathan Wells examines judicial guidance on the appropriate procedure for issuing and hearing claims for the removal/substitution of personal representatives and the preparation of evidence in such claims.’

Radcliffe Chambers, 21st July 2021

Source: radcliffechambers.com

Committed to committal – Nearly Legal

Posted July 13th, 2021 in civil procedure rules, committals, contempt of court, coronavirus, harassment, landlord & tenant, news, sentencing, service by tracey

‘Gunn & Launders v Khan (2020) EWCA Civ 1905. This was an appeal by the landlord, Saakib Khan, of an order sentencing him to six months imprisonment for contempt of court for breach of an injunction. The injunction (still just about interim on the date of breach, as will become clear) was to prevent Saakib Khan from evicting or attempting to evict the tenant and from interfering with his quiet enjoyment of the property and from threatening him with violence or harassing, pestering, or intimidating him.’

Nearly Legal, 8th July 2021

Source: nearlylegal.co.uk

Appeal judges back higher costs where claimant has died – Law Society’s Gazette

Posted July 13th, 2021 in civil procedure rules, costs, executors, news, personal injuries, pre-action conduct by tracey

‘The Court of Appeal has found in favour of claimants with a ruling that the more lucrative costs regime should apply where someone dies before their case concludes.’

Law Society's Gazette, 12th July 2021

Source: www.lawgazette.co.uk

Court of Appeal boosts claimant PI solicitors with fixed-costs ruling – Legal Futures

Posted July 9th, 2021 in civil procedure rules, costs, news, part 36 offers, personal injuries, solicitors by michael

‘The Court of Appeal has handed a boost to claimant personal injury (PI) solicitors by applying the more generous fixed costs regime for cases where the claimant in a low-value matter dies.’

Legal Futures, 9th July 2021

Source: www.legalfutures.co.uk

Court of Appeal makes no order for costs after allowing appeal by mother against Court of Protection order discharging her as party to proceedings – Local Government Lawyer

Posted July 6th, 2021 in appeals, civil procedure rules, costs, Court of Protection, families, local government, news by sally

‘The Court of Appeal has made no order for costs in a case where it allowed a mother’s appeal against an order made in the Court of Protection discharging her as a party to proceedings concerning her highly vulnerable 19-year-old daughter.’

Local Government Lawyer, 5th July 2021

Source: www.localgovernmentlawyer.co.uk

Judge’s surprise at firm’s failure to ensure “basic compliance” with CPR – Legal Futures

Posted June 29th, 2021 in civil procedure rules, expert witnesses, law firms, news by sally

‘A High Court judge has expressed her surprise at a London law firm’s failure to ensure “basic levels of compliance” with the Civil Procedure Rules by a client and its experts.’

Legal Futures, 29th June 2021

Source: www.legalfutures.co.uk

Judge refuses plea from litigant in person for free hard copy bundle – Law Society’s Gazette

Posted June 25th, 2021 in budgets, civil procedure rules, documents, housing, legal representation, litigants in person, news, repossession by tracey

‘The High Court has ruled out giving a litigant in person a free hard copy of the bundle prepared for two forthcoming trials, with the judge noting that parties do not necessarily need to have equal resources.’

Law Society's Gazette, 24th June 2021

Source: www.lawgazette.co.uk

Mediation – Don’t panic in the Pandemic – be prepared – 4-5 Gray’s Inn Square

Posted June 24th, 2021 in chambers articles, civil justice, civil procedure rules, coronavirus, dispute resolution, news by sally

‘The coronavirus pandemic and the current and continuing lockdown imposed by government has led to a number of consequences for the resolution of commercial disputes, and the administration of justice. First is where trials are being adjourned to uncertain dates, currently unable to take place due to the inability or unwillingness of people to attend court. Second is what is going to happen when the lockdown is eased or lifted, and disputes, which have been building up in the normal course, enter the system creating a backlog. Judges are understandably concerned that the courts and arbitral tribunals could face and potentially be overwhelmed by a wave of commercial cases. A number of these disputes will have arisen due to the parties’ inability to honour their contractual obligations due to the lockdown with complicated issues of law as to the remedies available.’

4-5 Gray's Inn Square, 21st June 2021

Source: www.4-5.co.uk

TCC debars Defendant during trial from relying on its three technical expert reports following numerous breaches of CPR Part 35 – Henderson Chambers

Posted June 24th, 2021 in chambers articles, civil procedure rules, evidence, expert witnesses, news by sally

‘The Claimant made an application on day 7 of a TCC trial to debar the Defendant from relying on any of its three technical expert reports and to debar those experts from giving evidence at the trial.’

Henderson Chambers, 4th June 2021

Source: www.hendersonchambers.co.uk

Claimant has £200k costs paid despite winning only £10 damages – Law Society’s Gazette

Posted June 23rd, 2021 in civil procedure rules, costs, damages, news, part 36 offers by sally

‘A High Court judge has found that the county court was entitled to order costs in favour of a claimant who secured nominal damages of £10 at trial.’

Law Society's Gazette, 21st June 2021

Source: www.lawgazette.co.uk

Court upholds validity of £1 part 36 offer by party awarded £10 – Litigation Futures

Posted June 23rd, 2021 in civil procedure rules, costs, damages, news, part 36 offers by sally

‘The High Court has upheld a decision that a party that made a part 36 offer of £1 and received nominal damages of £10 was entitled to the usual costs consequences of beating their offer.’

Litigation Futures, 21st June 2021

Source: www.litigationfutures.com

Individuals and the court process: Proposed changes to CPR 45 in light of recent amendments to the overriding objective – St Philips Barristers

Posted June 14th, 2021 in chambers articles, civil procedure rules, courts, news, practice directions, witnesses by sally

‘Benjamin Clayton discusses proposed amendments to CPR 45, in the context of the recent update pertaining to vulnerable witnesses. Such changes not only take greater account of individual differences, but also put to bed long standing arguments between claimants and defendants.’

St Philips Barristers, 4th June 2021

Source: st-philips.com

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

Posted June 3rd, 2021 in civil procedure rules, evidence, expert witnesses, news, pre-action conduct by sally

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

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

Posted May 14th, 2021 in accidents, chambers articles, civil procedure rules, compensation, damages, news, part 36 offers, personal injuries, road traffic by sally

‘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?’

St Philips Barristers, 13th May 2021

Source: st-philips.com

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

Posted April 30th, 2021 in accidents, civil procedure rules, compensation, damages, litigants in person, news, personal injuries, small claims by tracey

‘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.’

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

Posted April 23rd, 2021 in accidents, civil procedure rules, compensation, damages, executors, news, part 36 offers, personal injuries by sally

‘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.’

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.’

Litigation Futures, 21st April 2021

Source: www.litigationfutures.com

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