Category: civil procedure rules

Part 82: The worrying new rules of the Secret Court – UK Human Rights Blog

Posted July 15th, 2013 in civil procedure rules, closed material, inquiries, interpretation, news, parliament by sally

“While MPs were dreaming of the imminent long summer break and a possible pay hike, in mid-June the Government produced the draft amendments to the Civil Procedure Rules (‘CPR’) necessary to bring Part 2 of the Justice and Security Act 2013 (‘JSA’) into force. Many – including JUSTICE – consider the Act’s introduction of closed material procedures (‘CMP’) into civil proceedings unfair, unnecessary and unjustified.”

Full story

UK Human Rights Blog, 12th July 2013

Source: www.ukhumanrightsblog.com

San Vicente and another v Secretary of State for Communities and Local Government and others – WLR Daily

Posted July 9th, 2013 in amendments, appeals, civil procedure rules, law reports, planning, time limits by sally

San Vicente and another v Secretary of State for Communities and Local Government and others [2013] EWCA Civ 817; [2013] WLR (D) 267

“An application for permission to amend the grounds of an application under section 288 of the Town and Country Planning Act 1990 which had been made after the expiry of the six-week period allowed by section 288(3) for the institution of section 288 proceedings was governed by CPR r 17.1(2), not by CPR r 17.4.”

WLR Daily, 5th July 2013

Source: www.iclr.co.uk

Getting active! – New Law Journal

Posted July 3rd, 2013 in budgets, case management, civil procedure rules, costs, electronic filing, internet, news by sally

“HH Simon Brown QC continues his exclusive NLJ online series on costs management post-Jackson.”

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New Law Journal, 2nd July 2013

Source: www.newlawjournal.co.uk

Regina (Secretary of State for Foreign and Commonwealth Affairs) v Assistant Deputy Coroner for Inner North London – WLR Daily

Posted July 2nd, 2013 in civil procedure rules, inquests, judicial review, law reports, news, public interest immunity by sally

Regina (Secretary of State for Foreign and Commonwealth Affairs) v Assistant Deputy Coroner for Inner North London [2013] EWHC 1786 (Admin); [2013] WLR (D) 261

“It was a matter for the court in the exercise of its case management powers, having regard to the overriding objective to deal with cases justly, whether persons directly affected by judicial review proceedings should be joined as interested parties.”

WLR Daily, 27th June 2013

Source: www.iclr.co.uk

Specialist courts under microscope on costs budgeting – Law Society’s Gazette

Posted July 2nd, 2013 in budgets, case management, civil procedure rules, consultations, costs, courts, news by sally

“Exempting mandatory costs budgeting for claims in excess of £2m may be ‘unnecessary and inappropriate’, a newly established sub-group of the Civil Procedure Rule committee has suggested.”

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Law Society’s Gazette, 1st July 2013

Source: www.lawgazette.co.uk

Judges look again at £2m claims exemption – Law Society’s Gazette

Posted June 27th, 2013 in budgets, civil procedure rules, consultations, costs, news by sally

“Exempting mandatory costs budgeting for claims in excess of £2m may be ‘unnecessary and inappropriate’, a newly established sub-group of the Civil Procedure Rule committee has suggested.”

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Law Society’s Gazette, 26th June 2013

Source: www.lawgazette.co.uk

Will Article 6 come to the rescue after the legal aid reforms? – UK Human Rights Blog

Posted June 27th, 2013 in civil procedure rules, consumer credit, human rights, interpreters, legal aid, legal representation, litigants in person, news by sally

“The absence of legal representation for defendants to an action for debt who contended they could not speak English resulted in the High Court granting an application that the trial be adjourned for a second time. The judgment is a good example of the interaction of Article 6 ECHR (right to a fair trial) with the Civil Procedure Rules (CPR).”

Full story

UK Human Rights Blog, 26th June 2013

Source: www.ukhumanrightsblog.com

Hills Contractors and Construction Ltd v Struth and another – WLR Daily

Posted June 24th, 2013 in civil procedure rules, documents, law reports, service, solicitors by sally

Hills Contractors and Construction Ltd v Struth and another [2013] EWHC 1693 (QB); [2013] WLR (D) 246

“A photocopy of a sealed claim form sent with a letter to the defendants’ solicitors for the purposes of document exchange was not proper service of the claim form for the purposes of CPR r 6.3(b).”

WLR Daily, 17th June 2013

Source: www.iclr.co.uk

A heavy cost? – New Law Journal

Posted June 18th, 2013 in civil procedure rules, costs, families, news by sally

“David Burrows reviews how LASPO has changed the funding landscape of family litigation.”

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New Law Journal, 17th June 2013

Source: www.newlawjournal.co.uk

In re Atrium Training Services Ltd; Smailes and another v McNally and others; In re Connor Williams Ltd; Smailes and another v McNally and others – WLR Daily

Posted June 13th, 2013 in civil procedure rules, disclosure, law reports, liquidators, time limits by sally

In re Atrium Training Services Ltd; Smailes and another v McNally and others; In re Connor Williams Ltd; Smailes and another v McNally and others [2013] EWHC 1562 (Ch); [2013] WLR (D) 225

“The court must exercise its discretion when considering an application for an extension of time for compliance with a deadline stipulated in a court order by simply having regard to the overriding objective of the court to deal with cases justly pursuant to CPR r 1.1(1), notwithstanding that CPR r 1.1(2) had been amended to include the enforcement of compliance with court orders.”

WLR Daily, 7th June 2013

Source: www.iclr.co.uk

Group Seven Ltd v Allied Investment Corpn Ltd and others – WLR Daily

Posted June 13th, 2013 in civil procedure rules, company law, debts, injunctions, law reports, shareholders by sally

Group Seven Ltd v Allied Investment Corpn Ltd and others [2013] EWHC 1509 (Ch); [2013] WLR (D) 224

“A company which had a sole director, who also owned all its shares, did not hold or control its assets in accordance with that sole director and shareholder’s ‘direct or indirect instructions’ within the meaning of paragraph 6 of the standard form freezing order in the Civil Procedure Rules.”

WLR Daily, 6th June 2013

Source: www.iclr.co.uk

Avoiding Jackson’s sharp teeth: a practical view from the Bar – Littleton Chambers

Posted June 10th, 2013 in civil procedure rules, news, time limits by sally

“In his monthly column, James Bickford Smith considers recent decisions in which courts have taken a strict approach to compliance with the CPR following Jackson implementation, and offers some practical suggestions on how best to limit the risks of falling foul of the developing approach.”

Full story

Littleton Chambers, 5th June 2013

Source: www.littletonchambers.com

Blowing the Budget – an early warning – Zenith Chambers

Posted June 4th, 2013 in budgets, case management, civil procedure rules, costs, news by sally

“The Costs Management Rules, now set out at Section II of CPR 3, will apply to the majority of multi-track cases issued on or after 1st April 2013.”

Full story (PDF)

Zenith Chambers, 30th May 2013

Source: www.zenithchambers.co.uk

Parties that fail to comply with court rules will be likely to face ‘severe sanctions’, says judge – OUT-LAW.com

Posted May 31st, 2013 in civil procedure rules, courts, news, sanctions by sally

“Courts are taking an increasingly tough stance on non-compliance with the Civil Procedure Rules (CPR), an expert has said, following comments by a High Court judge that parties that do not comply with court rules and practice directions will be likely to face ‘severe sanctions’.”

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OUT-LAW.com, 31st May 2013

Source: www.out-law.com

Vince v Wyatt: the FPR 2010 strikes back? – Family Law Week

Posted May 30th, 2013 in appeals, civil procedure rules, family courts, news, striking out by sally

“Sian Cox, barrister, Harcourt Chambers analyses the court’s power to strike out in family proceedings and considers in the light of the Court of Appeal judgment in Vince v Wyatt, the circumstances in which such applications may succeed.”

Full story

Family Law Week, 29th May 2013

Source: www.familylawweek.co.uk

High Court: failure to comply with rules likely to result in “severe sanctions” – Litigation Futures

Posted May 29th, 2013 in civil procedure rules, news, practice directions, sanctions by sally

“The High Court has issued a fresh warning that it will take a ‘very much stricter view’ of the failure to comply with directions in the post-Jackson world.”

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Litigation Futures, 29th May 2013

Source: www.litigationfutures.com

Part 36: Dominic Regan’s cut out & keep survival guide – New Law Journal

Posted May 23rd, 2013 in civil procedure rules, news, part 36 offers, time limits by sally

“Dominic Regan’s exclusive Pt 36 survival guide.”

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New Law Journal, 22nd May 2013

Source: www.newjournal.co.uk

High Court bares post-Jackson teeth with stricter approach to relief from sanctions – Litigation Futures

Posted May 23rd, 2013 in civil procedure rules, courts, news, service, time limits by sally

“The High Court has sent the first sign of a hardened stance against missed deadlines since the new Civil Procedure Rules (CPR) came into force.”

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Litigation Futures, 23rd May 2013

Source: www.litigationfutures.com

Interflora Inc and another v Marks and Spencer plc and another – WLR Daily

Posted May 21st, 2013 in civil procedure rules, evidence, law reports, reports by sally

Interflora Inc and another v Marks and Spencer plc and another [2013] EWHC 936 (Ch); [2013] WLR (D) 183

“CPR Pt 35 controlled the giving of evidence by experts as so defined and did not control the admission of other types of evidence which might be described as expert evidence.”

WLR Daily, 15th April 2013

Source: www.iclr.co.uk

Committal Applications in financial remedy proceedings: when, how and why to make one – Zenith Chambers

Posted May 21st, 2013 in civil procedure rules, committals, contempt of court, debts, detention, financial provision, news by sally

“An order made in family proceedings for the payment of money can be enforced by judgement summons, and, if the statutory criteria are satisfied, an order made committing the judgement debtor to prison for up to 6 weeks. Given that in all likelihood only half of this time will be served, and that the time served doesn’t actually produce any cash for the creditor, the obvious question for the person seeking to
enforce the order is ‘what is the point?’. In fact, the Court of Appeal said as much in the case of Mubarak in 2000; ‘I doubt whether experienced specialist practitioners will think that it has sufficient value for money to be worth its initiation.'”

Full story (PDF)

Zenith Chambers, 16th May 2013

Source: www.zenithchambers.co.uk