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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full text

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.’

Full Story

Blackstone Chambers, 12th February 2021

Source: www.blackstonechambers.com

Litigants baffled as civil procedure rules move to new site – Law Society’s Gazette

‘Lawyers and litigants awoke this morning to the wholesale move of procedure rules to a government website described by one as “unusable”.’

Full Story

Law Society's Gazette, 17th February 2021

Source: www.lawgazette.co.uk

New Judgment: Okpabi & Ors v Royal Dutch Shell Plc & Anor [2021] UKSC 3 – UKSC Blog

‘Royal Dutch Shell Plc (‘RDS’) is the parent company of the Shell group of companies, incorporated in the UK. The Shell Petroleum Company of Nigeria Limited (‘SPDC’, the other Respondent) is an exploration and production company incorporated in Nigeria and is a subsidiary of RDS.’

Full Story

UKSC Blog, 12th February 2021

Source: ukscblog.com

Markle judgment warns against ‘Micawber’ tactics – Law Society’s Gazette

‘The High Court has sounded a new warning about “Micawber tactics” in a summary judgment in the high-profile action brought by the Duchess of Sussex (Meghan Markle) against the Mail newspaper. Lord Justice Warby, sitting as a judge in the Chancery Division, found that the duchess had a reasonable expectation of privacy when she wrote a personal letter to her father, even though she feared it might be leaked to the press.’

Full Story

Law Society's Gazette, 12th February 2021

Source: www.lawgazette.co.uk

The £55 court fee that should have been £10,000 – Litigation Futures

‘The fee to bring an unlimited additional claim should be £10,000, rather than the £55 the court office had advised one of the parties in bitter litigation involving two law firms, a judge has ruled.’

Full Story

Litigation Futures, 10th February 2021

Source: www.litigationfutures.com

New rules promise clarity on issue of interest in Part 36 offers – Law Society’s Gazette

Posted February 4th, 2021 in amendments, civil procedure rules, interest, news, part 36 offers by sally

‘Legislation to give litigators certainty about the issue of Part 36 offers and interest is to be introduced this spring, the government has announced. The rule change, effective from 6 April, is one of a raft of amendments to the civil procedure rules published yesterday as statutory instruments.’

Full Story

Law Society's Gazette, 2nd February 2021

Source: www.lawgazette.co.uk

‘Vulnerability’ added to overriding objective and costs rules – Litigation Futures

‘Taking account of the vulnerability of parties and witnesses is to be added to the overriding objective as well as the factors used to determine the proportionality of costs.’

Full Story

Litigation Futures, February 2021

Source: www.litigationfutures.com

Court of Appeal rules on whether VAT is payable on top of caps on costs in Aarhus Convention claims – Local Government Lawyer

Posted January 14th, 2021 in airports, civil procedure rules, costs, news, statutory interpretation, treaties, VAT by tracey

‘The caps set out in the Civil Procedure Rules on the costs payable by losing parties in Aarhus Convention claims are inclusive of VAT, the Court of Appeal has ruled as part of the third Heathrow runway litigation.’

Full Story

Local Government Lawyer, 13th January 2021

Source: www.localgovernmentlawyer.co.uk

HMRC v IGE USA Investments Ltd [2020] EWHC 1716 (Ch) – the role of statements of case and Lists of Issues for Disclosure in applications to vary an order for Extended Disclosure under the Disclosure Pilot Scheme – Hardwicke Chambers

‘Whilst Standard Disclosure (under CPR 31) remains in force, the Disclosure Pilot has provided a more flexible menu of disclosure options for the majority of cases in the Business and Property Courts. There is a degree of overlap between CPR 31 and the Pilot Scheme, but there are some significant divergences. One of those is paragraph 18 of the Pilot Scheme, which allows variations of pre-existing orders for Extended Disclosure. The scope of the court’s jurisdiction under paragraph 18 of the Disclosure Pilot was central to this appeal.’

Full Story

Hardwicke Chambers, 8th January 2021

Source: hardwicke.co.uk

Cost Budgets: Not Necessarily for Life, Maybe Just For Christmas – CPR Rule 3.15A – Becket Chambers

Posted December 7th, 2020 in chambers articles, civil procedure rules, costs, news by sally

‘The Covid-19 pandemic has dominated the legal landscape throughout 2020 with many changes being made to the way professionals work as well as the rules they are subject to. There have been many amendments and additions made to the Civil Procedure Rules as a result of the pandemic, however they are not the only such changes that have been made.’

Full Story

Becket Chambers, 3rd December 2020

Source: becket-chambers.co.uk

Increase guideline hourly rates by 35% pending CJC review, judge says – Litigation Futures

Posted December 4th, 2020 in civil procedure rules, costs, fees, judges, news, solicitors by sally

‘The guideline hourly rates (GHR) should be increased to take account of inflation while they are being reviewed, meaning an increase of 35%, the High Court ruled this week.’

Full Story

Litigation Futures, 3rd December 2020

Source: www.litigationfutures.com

When must an unsuccessful litigant accept “No” for an answer? Court of Appeal hands down latest ruling in long-running planning battle – Local Government Lawyer

Posted December 3rd, 2020 in appeals, civil procedure rules, local government, news, planning by tracey

‘A planning dispute that has been the subject of nine court hearings must be brought to an end, the Court of Appeal has said.’

Full Story

Local Government Lawyer, 3rd December 2020

Source: www.localgovernmentlawyer.co.uk

The Cautionary tale of the postman, the application for relief and not enough money? Diriye v Bojaj [2020] EWCA Civ 1400 – Park Square Barristers

‘This credit hire appeal case was heard in the Court Of Appeal on 15 October 2020 with judgment being handed down on 4 November. It was heard by Lord Justice Coulson who gave the leading judgment, Lady Justice Davies and Lady Justice Rose agreeing.’

Full Story

Park Square Barristers, 13th November 2020

Source: www.parksquarebarristers.co.uk

Diriye v Bojaj [2020] EWCA Civ 1400: ‘Signed For’ deliveries and deemed service – Littleton Chambers

‘In Diriye v Bojaj [2020] EWCA Civ 1400, the Court of Appeal handed down an important judgment clarifying the scope of the deemed service provisions in CPR 6.26 in the context of signed for deliveries. The Court held that a “Signed For 1st Class” delivery would still be deemed served “on the second day after it was posted” in accordance with CPR 6.26, regardless of the date on which it was actually signed for and received.’

Full Story

Littleton Chambers, 11th November 2020

Source: littletonchambers.com

A Costly Lesson? A discussion of the decision in Belsner v Cam Legal Services Limited [2020] EWHC 2755 (QB) – Parklane Plowden Chambers

‘Lavender J has held that solicitors cannot rely upon CPR 46.9(2) to recover more from a client than could have been recovered between parties in the proceedings, unless they can show that the client provided informed consent. The decision potentially has far-reaching consequences for the use of conditional fee agreements (“CFAs”).’

Full Story

Parklane Plowden Chambers, 20th November 2020

Source: www.parklaneplowden.co.uk

‘Signed For 1st Class’ service is first-class post, CA rules – Litigation Futures

Posted November 23rd, 2020 in appeals, civil procedure rules, documents, news, postal service, service, solicitors by sally

‘The Royal Mail service ‘Signed For 1st Class’ is first-class post or equivalent for the purposes of the deemed service provisions of the CPR, the Court of Appeal has ruled.’

Full Story

Litigation Futures, 23rd November 2020

Source: www.litigationfutures.com