civil procedure rules – Page 4

Spousal applications for reasonable financial provision under section 1 (1) (a) of the Inheritance Act 1975: Law and procedure and the judgment of Mr Justice Peel in Kaur v Estate of Karnail Singh & Ors [2023] EWHC 304 (Fam) – Becket Chambers

Posted April 11th, 2023 in chambers articles, civil procedure rules, family courts, married persons, news, wills by sally

‘It was, Mr Justice Peel concluded, “the clearest possible case” for reasonable financial provision from a deceased’s estate under section 1 (1) (a) of the Inheritance (Provision for Family and Dependants) Act 1975 (IA 1975).’

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Becket Chambers, 15th March 2023

Source: becket-chambers.co.uk

A Real Shift – Substantial Changes to CPR 44.14 – 3PB

Posted April 5th, 2023 in chambers articles, civil procedure rules, costs, damages, news, personal injuries by sally

‘Currently set off of a defendant’s costs against a claimant’s costs is precluded where it exceeds the monetary cap reflecting the total of any orders for damages and interest made in a claimant’s favour (Ho v Adelekun [2021] UKSC 43). Moreover, a defendant can only enforce their costs against damages and interest ordered in a claimant’s favour, i.e. not against a settlement made in the claimant’s favour (Cartwright v Venduct Engineering Ltd [2018] EWCA Civ 1654).’

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3PB, March 2023

Source: www.3pb.co.uk

You should have read the CPR, judge tells litigant in person – Law Society’s Gazette

Posted April 4th, 2023 in civil procedure rules, judges, limitations, litigants in person, news by sally

‘A judge has chided a litigant in person for failing to familiarise himself with the civil procedure rules and the statutes governing limitation. Effectively quashing a defamation claim brought against Pakistani newspaper publishers, a broadcaster and a journalist, Master Cook said that claimant Shah Muhammad had not consulted the Kings Bench Guide and the CPR, both available online.’

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Law Society's Gazette, 3rd April 2023

Source: www.lawgazette.co.uk

Owen v Black Horse Limited [2023] EWCA Civ 325 – No Strike Out Despite the Claimant’s Absence at Trial – Pump Court Chambers

Posted March 31st, 2023 in appeals, chambers articles, civil procedure rules, consumer credit, insurance, interpretation, legal representation, news, small claims, striking out by sally

‘The Court of Appeal has interpreted the rules for non-attendance on the small claims track in a manner consistent with rule 39.3 in finding that an absent Claimant nevertheless “appeared” at his trial, through his legal representative.’

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Pump Court Chambers, 29th March 2023

Source: www.pumpcourtchambers.com

Directors Accountability and Burdens of Proof – New Square Chambers

Posted March 30th, 2023 in chambers articles, civil procedure rules, company directors, documents, news by sally

‘In our latest article, James Saunders examines burdens of proof in claims against directors, the duty of directors to account for company assets and the ambit of CPR 32.19 notices to prove documents.’

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New Square Chambers, 13th March 2023

Source: www.newsquarechambers.co.uk

Sir Geoffrey Vos, Master of the Rolls and Head of Civil Justice, reflects on 25 years of the Civil Justice Council – Courts and Tribunals Judiciary

Posted March 21st, 2023 in Civil Justice Council, civil procedure rules, news by tracey

‘Sir Geoffrey Vos, Master of the Rolls and Head of Civil Justice, reflects on 25 years of the Civil Justice Council.’

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Courts and Tribunals Judiciary, 20th March 2023

Source: www.judiciary.uk

Split liability offer did not meet Part 36 requirements – Law Society’s Gazette

Posted March 17th, 2023 in civil procedure rules, costs, damages, holidays, news, part 36 offers by tracey

‘A claimant’s 90/10 liability offer went against both the letter and spirit of civil procedure rules on Part 36, a High Court judge has ruled.’

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Law Society's Gazette, 16th March 2023

Source: www.lawgazette.co.uk

Appeal notices and the electronic working pilot – Law Society’s Gazette

Posted March 6th, 2023 in appeals, civil procedure rules, electronic filing, news, pilot schemes, practice directions by sally

‘The important procedural question raised in Microsoft Ireland Operations Limited v JJH Enterprises Limited [2022] EWCA Civ 1509 was this: where an appellant’s notice (AN) is filed with the Court of Appeal electronically in accordance with the Electronic Working Pilot Scheme (introduced by PD51O), should the AN be filed by 4.30pm on the last day of the permitted period, or could it be filed at any time up to midnight on that day?’

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Law Society's Gazette, 3rd March 2023

Source: www.lawgazette.co.uk

Costs protection still in place for last-minute discontinuance, rules CoA – Law Society’s Gazette

Posted January 19th, 2023 in civil procedure rules, costs, news, personal injuries, striking out by tracey

‘A claimant who discontinued his personal injury case on the morning of trial should still be entitled to costs protection, the Court of Appeal has ruled.’

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Law Society’s Gazette, 18th January 2023

Source: www.lawgazette.co.uk

Participation of vulnerable parties in civil litigation: split trials and stays (AXX v. Zajac) – Exchange Chambers

Posted January 9th, 2023 in accidents, case management, causation, chambers articles, civil justice, civil procedure rules, compensation, damages, mental health, news, personal injuries, practice directions, psychiatric damage by sally

‘AXX (A protected party by his litigation friend XRE) v. Zajac [2022] EWHC 2463 is the first reported case in the High Court (KBD) concerning the ‘new’ CPR Practice Direction 1A which requires the court to take all proportionate measures to address any impediment to a party’s participation in proceedings caused by their ‘vulnerability’. Master McCloud granted an application made on behalf of the Claimant (who was a protected party due to a psychotic condition which had arisen after his accident) for a trial of causation as a preliminary issue on the basis that, if successful at that stage, the Claimant could seek interim funding for treatment to address his psychiatric symptoms and allow him to participate fully in the subsequent quantum trial. The Master also refused an application from the Defendant for an ‘unless’ order (whereby the claim would be stayed unless the Claimant cooperated with examinations to be performed by the Defendant’s instructed medical experts) because of concerns about the Claimant’s capacity to consent to examination. This decision illustrates the important role that PD1A has in shaping case management decisions to protect the interests of parties with vulnerabilities.’

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Exchange Chambers, 22nd December 2022

Source: www.exchangechambers.co.uk

Judge warns solicitors over witness statement compliance certificates – Legal Futures

Posted January 5th, 2023 in civil procedure rules, evidence, news, practice directions, solicitors, witnesses by sally

‘The High Court has issued a stark warning to solicitors who sign a certificate of compliance on non-compliant witness statements so their clients can have their day in court.’

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Legal Futures, 4th January 2023

Source: www.legalfutures.co.uk

Pseudonymous claimant debarred from proceedings – Law Society’s Gazette

Posted November 28th, 2022 in anonymity, civil procedure rules, copyright, costs, cryptocurrencies, internet, news by tracey

‘The operator and publisher of a website is not entitled to participate in court proceedings under the pseudonym “Cøbra” – even with legal representation, the High Court has ruled. In Wright v Persons Unknown, Costs Judge Rowley agreed to bar “Cøbra” from costs proceedings arising from a copyright case unless it identifies itself and provides an address.’

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Law Society's Gazette, 25th November 2022

Source: www.lawgazette.co.uk

MoJ makes late U-turn on how to extend fixed costs – Law Society’s Gazette

Posted November 14th, 2022 in civil procedure rules, costs, Ministry of Justice, news by tracey

‘The government appears to have significantly altered its plans for implementing the fixed recoverable costs extension just weeks before the rules need to be signed off.’

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Law Society's Gazette, 11th November 2022

Source: www.lawgazette.co.uk

MoJ makes late U-turn on how to extend fixed costs – Law Society’s Gazette

Posted November 11th, 2022 in civil procedure rules, consultations, costs, Ministry of Justice, news by tracey

‘The government appears to have significantly altered its plans for implementing the fixed recoverable costs extension just weeks before the rules need to be signed off.’

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Law Society’s Gazette, 11th November 2022

Source: www.lawgazette.co.uk

Rule makers to give ‘early notice’ of fixed costs rules – Law Society’s Gazette

Posted November 7th, 2022 in civil justice, civil procedure rules, costs, news by tracey

‘The final procedural rules for next April’s extension of fixed recoverable costs to civil claims worth up to £100,000 will be made public as soon as possible, Lord Justice Birss said last week.’

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Law Society’s Gazette, 7th November 2022

Source: www.lawgazette.co.uk

Vulnerable parties and civil proceedings – Family Law

Posted October 31st, 2022 in civil justice, civil procedure rules, news, witnesses by tracey

‘The internet is replete with humorous courtroom exchanges – genuine or apocryphal – between hapless lawyers and intelligent, sarcastic witnesses but the reality is that advocates come prepared with plenty of experience and usually know what they are going to ask. In contrast, most parties and witnesses in civil claims have probably never been inside a court and their “preparation” for the experience itself may have involved watching multiple episodes of Kavanagh QC or similar, largely unrealistic, courtroom dramas.’

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Family Law, 28th October 2022

Source: www.familylaw.co.uk

Losing litigant in mixed claim avoids immediate costs order – Law Society’s Gazette

Posted October 31st, 2022 in civil procedure rules, costs, damages, news, personal injuries by tracey

‘A litigant with a mixed claim will not have to pay costs immediately for one part of their claim which has been thrown out already. In Achille v Lawn Tennis Association Services Ltd the Court of Appeal agreed that it was premature for the costs order to be enforced now against claimant Richard Achille. Instead the court should wait until the conclusion of proceedings to decide what costs should follow.’

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Law Society’s Gazette, 28th October 2022

Source: www.lawgazette.co.uk

Contracting out of fixed costs in low value personal injury claims – Guildhall Chambers

Posted October 24th, 2022 in accidents, appeals, chambers articles, civil procedure rules, costs, news, part 36 offers, personal injuries by sally

‘In a low value personal injury claim, what is the proper interpretation of the phrase, “such costs to be the subject of detailed assessment if not agreed”? If the parties have agreed such a provision within a consent order compromising the claim, have they effectively ‘contracted out of’ the fixed costs regime that would otherwise be applicable to an ex-Protocol claim? The Court of Appeal considered these questions in this decision.’

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Guildhall Chambers, 13th October 2022

Source: www.guildhallchambers.co.uk

High Court ruling a warning to lawyers who ‘shoehorn’ claimants into class actions – OUT-LAW.com

Posted July 29th, 2022 in case management, civil procedure rules, class actions, damages, government departments, law firms, news, noise, personal injuries, solicitors by sally

‘Lawyers must take note of a court’s refusal to allow multiple claimants with widely differing claims to use a single claim form, a legal expert has warned.’

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OUT-LAW.com, 27th July 2022

Source: www.pinsentmasons.com

Unreasonable refusal to engage with ADR – Law Society’s Gazette

Posted July 29th, 2022 in civil procedure rules, costs, dispute resolution, indemnities, law firms, negligence, news by sally

‘In Richards & Anor v Speechly Bircham LLP & Anor (Consequential Matters) [2022] EWHC 1512 (Comm) HHJ Russen QC (sitting as a judge of the High Court) considered, inter alia, the most appropriate costs order to be imposed on the unsuccessful defendant law firm for refusing to consider and engage in mediation. He concluded, wrongly in my view, that a failure to mediate did not justify an order for costs on an indemnity basis.’

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Law Society's Gazette, 22nd July 2022

Source: www.lawgazette.co.uk