Category: civil procedure rules

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’.”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

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

Changes to Civil Procedure Rules and court costs made in April 2013 – OUT-LAW.com

Posted May 20th, 2013 in case management, civil procedure rules, costs, damages, expert witnesses, fees, news, proportionality, small claims, solicitors by sally

“From 1 April 2013 a number of changes to the Civil Procedure Rules (CPRs) governing court action in England and Wales took effect. This is a summary of those changes.”

Full story

OUT-LAW.com, May 2013

Source: www.out-law.com

Obtaining cost orders against solicitors – 4 New Square

Posted May 15th, 2013 in civil procedure rules, costs, dispute resolution, insurance, news, part 36 offers, personal injuries, solicitors by sally

“Dispute Resolution analysis: When can solicitors who failed to obtain ATE insurance, become parties
to the litigation for the purpose of cost orders? Stephen Innes, barrister at 4 New Square Chambers
looks at the Court of Appeal’s decision in Heron v TNT.”

Full story (PDF)

4 New Square, 14th May 2013

Source: www.4newsquare.com

Being civil – NearlyLegal

Posted May 15th, 2013 in civil procedure rules, injunctions, landlord & tenant, news, service charges, striking out by sally

“Morshead Mansions has been involved in a quite astonishing amount of litigation. Bailii throws up 13 hits, cases in the LVT, Lands Tribunal, High Court and Court of Appeal. It’s really must be the most awful burden on all those involved. And now, there is another case to add to the list, Di Marco v Morshead Mansions Ltd [2013] EWHC 1068 (Ch).”

Full story

NearlyLegal, 14th May 2013

Source: www.nearlylegal.co.uk

Court of Appeal issues strong warning of costs sanctions for lengthy skeleton arguments – Litigation Futures

Posted May 8th, 2013 in advocacy, civil procedure rules, costs, news, practice directions, skeleton arguments, summary judgments by sally

“The Court of Appeal has hit out at lengthy and complex skeleton arguments, describing them as the ‘bane’ of commercial litigation and warning that failing to comply with the practice directions on them will result in costs sanctions.”

Full story

Litigation Futures, 8th May 2013

Source: www.litigationfutures.com

Costs budgeting: Proportionality is trumps – New Law Journal

Posted May 7th, 2013 in budgets, civil procedure rules, costs, judiciary, news, proportionality by sally

“‘The budgeting of multi-track litigation is the most important of costs reforms that lawyers should prepare for’ advises Professor Dominic Regan, the leading expert in civil litigation (‘Not the end of the story?’). So, how should we—judges and professional civil litigators— ‘prepare’ now that the Jackson reforms are a reality? The short answer is CPD Training: Chapter 40 and Recommendations 89 and 90 of the Jackson Report (Review of Civil Litigation Costs: Final Report, December 2009).”

Full story

New Law Journal, 2nd May 2013

Source: www.newlawjournal.co.uk

Success Fees and ATE Premiums in the Patents County Court: Henderson v All Around the World Recordings Ltd – NIPC Law

Posted May 7th, 2013 in civil procedure rules, costs, county courts, fees, insurance, news, patents by sally

“As I mentioned in “Intellectual Property Litigation – the Funding Options” 10 April 2013, it was possible until the 31 March 2013 for a litigant to enter an agreement with his or her solicitors and counsel known as a conditional fee agreement (‘CFA’) whereby the lawyers would look to the other side for payment not only of their assessed costs but also of an uplift known as a success fee and the premium for insurance against their own and the other side’s costs in case of failure known as after-the-event (‘ATE’) insurance if they won the case or obtained a satisfactory settlement. As I also mentioned in that article, it is still possible to enter a CFA but any success fee and ATE insurance premium must now be paid by the successful party – usually out of any damages or accountable profits he or she may receive.”

Full story

NIPC Law, 4th May 2013

Source: www.nipclaw.blogspot.co.uk

Jackson Masterclass: The new regime – New Law Journal

Posted May 7th, 2013 in civil procedure rules, disclosure, news, proportionality by sally

“It is understandable that so much attention has been directed at the recent costs and funding changes. However, the reach of Jackson is far greater. Any step or process has an inevitable cost attached to it and now is the time to look at how the disclosure process will change under the new regime.”

Full story

New Law Journal, 2nd May 2013

Source: www.newlawjournal.co.uk

An introduction to qualified one way costs shifting: New CPR 44.13-17 – Hardwicke Chambers

Posted May 1st, 2013 in appeals, civil procedure rules, costs, damages, fees, news by sally

“In ‘part-payment’ for the loss of recoverability of the CFA success fee, Lord Justice Jackson gave Claimants a 10% uplift on general damages, which was enacted in rather peculiar fashion by the Court of Appeal in Simmons v Castle by means that can only be described as ‘judicial legislating’.”

Full story

Hardwicke Chambers, 19th April 2013

Source: www.hardwicke.co.uk

Mediation and alternative dispute resolution – OUP Blog

Posted April 30th, 2013 in arbitration, civil procedure rules, dispute resolution, news, proportionality by sally

“Why compromise? Increasingly in civil litigation there are no winners — not even the lawyers, following the review and implementation of Sir Rupert Jackson’s report into costs. The question is rapidly being re-phrased as ‘Why litigate?'”

Full story

OUP Blog, 27th April 2013

Source: www.blog.oup.com

A brighter future? – New Law Journal

Posted April 30th, 2013 in case management, civil procedure rules, disclosure, electronic filing, news by sally

“As of 1 April 2013, standard disclosure is no longer the default provision in most multi-track cases. With disclosure often being the most expensive and time consuming part of the litigation process, this should be welcome news to litigants and solicitors alike. The recent decision in West African Gas Pipeline Company Limited v Willbros Global Holdings Inc. [2012] EWHC 396 (TCC) highlighted the significant issues encountered in the disclosure process, especially in high value claims involving e-disclosure. The new rules aim to tackle these problems by introducing stricter case management in the disclosure process.”

Full story

New Law Journal, 26th April 2013

Source: www.newlawjournal.co.uk