Category: civil procedure rules

Hoist UK Ltd v Reid Lifting Ltd; [2010] EWHC 1922 (Ch); [2010] WLR (D) 215

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Hoist UK Ltd v Reid Lifting Ltd – WLR Daily

Posted August 3rd, 2010 in civil procedure rules, costs, law reports by sally

“CPR r 38.5(3) should be construed as meaning that discontinuance did not affect any proceedings to deal with any question of costs, whether or not such proceedings had already been commenced at the date of discontinuance.”

WLR Daily, 30th July 2010

Leo Pharma A/S and another v Sandoz Ltd; [2010] EWHC 1911 (Pat); [2010] WLR (D) 214

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Leo Pharma A/S and another v Sandoz Ltd – WLR Daily

Posted August 3rd, 2010 in civil procedure rules, law reports by sally

“A sealed court order which had been drawn up and agreed by the parties at the request of the court could not be corrected under the slip rule contained in CPR 40.12(1) unless it had an unintended effect which was inconsistent with the intention of the court.”

WLR Daily, 30th July 2010

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Contract law does not bind ‘Part 36’ offers to settle, rules Court of Appeal – OUT-LAW.com

Posted July 3rd, 2010 in appeals, civil procedure rules, contracts, news, part 36 offers by sally

“An offer to settle court proceedings that is made under Part 36 of the Civil Procedure Rules in England and Wales can still be accepted after it has been rejected, unless a formal withdrawal has been made, the Court of Appeal has ruled.”

Gibbon v Manchester City Council; L G Blower Specialist Bricklayer Ltd; Reeves and another [2010] EWCA Civ 726; [2010] WLR (D) 161

OUT-LAW.com, 2nd July 2010

Source: www.out-law.com

Gibbon v Manchester City Council; L G Blower Specialist Bricklayer Ltd; Reeves and another – WLR Daily

Posted June 29th, 2010 in appeals, civil procedure rules, costs, law reports, part 36 offers by sally

“Although basic concepts of offer and acceptance clearly underpinned CPR Pt 36 it should not be understood as incorporating all the rules of law governing the formation of contracts; rather it should be read and understood according to its terms without importing other rules derived from the general law, save where that was clearly intended.”

WLR Daily, 28th June 2010

Roberts v Gill & Co [2010] UKSC 22; [2010] WLR (D) 130

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Roberts v Gill & Co – WLR Daily

Posted May 24th, 2010 in civil procedure rules, derivative claims, law reports, limitations, Supreme Court, wills by sally

“A beneficiary under a will who had commenced proceedings against solicitors he alleged had acted negligently in connection with the estate could not, after the relevant limitation period had expired, amend his claim so as to also claim on behalf of the estate by way of a derivative action.”

WLR Daily, 21st May 2010

Bilta (UK) Ltd (in liquidation) v Nazir and others [2010] EWHC 1086 (Ch); [2010] WLR (D) 129

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Bilta (UK) Ltd (in liquidation) v Nazir and others – WLR Daily

Posted May 20th, 2010 in arbitration, civil procedure rules, law reports, stay of proceedings, time limits by sally

“An application for a stay of legal proceedings made under s 9 of the Arbitration Act 1996 was not subject to the procedural rules contained in CPR Pt 11 for challenging the jurisdiction of the court. An application for an extension of time to serve the defence was not a step in the proceedings to answer the substantive claim and the defendant was not debarred from seeking a stay by s 9(3) of the Act.”

WLR Daily, 19th May 2010

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Lord Woolf raps solicitors for CPR failings – Law Society’s Gazette

Posted October 22nd, 2009 in civil procedure rules, legal profession, news by sally

“Lord Woolf has blamed lawyers, the judiciary and government for blunting the impact of his 10-year-old reforms to the Civil Procedure Rules (CPR).”

Bank of Tokyo-Mitsubishi UFJ Ltd and another v Baskan Gida Sanayi Ve Pazarlama AS and others [2009] EWHC 1696 (Ch); [2009] WLR (D) 242

Law Society’s Gazette, 22nd October 2009

Source: www.lawgazette.co.uk

Bank of Tokyo-Mitsubishi UFJ Ltd and another v Baskan Gida Sanayi Ve Pazarlama AS and others – WLR Daily

Posted July 16th, 2009 in civil procedure rules, costs, law reports by sally

“There was no general principle that where an otherwise successful party had put forward a dishonest case in relation to an issue in the litigation, the general rule in CPR r 44.3(2)(a) that costs should follow the event should be displaced.”

WLR Daily, 15th July 2009

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Civil justice system: why we are doing well but can do better – The Times

Posted June 11th, 2009 in civil justice, civil procedure rules, costs, news by sally

“Ten years ago I took on the task of looking at how we could reform our slow and costly civil justice system. The resulting proposals were enshrined in new civil procedure rules (CPR). They were intended to transform, and I believe did transform, the legal system. The object was to create a new way of conducting civil litigation in England and Wales.”

The Times, 11th June 2009

Roult v North West Strategic Health Authority

Roult v North West Strategic Health Authority – Times Law Reports

Posted June 8th, 2009 in civil procedure rules, law reports, personal injuries by sally

Court of Appeal

“There was no power in the context of personal injury litigation to vary the terms of a settlement where there had been an unforeseen event which destroyed the assumption on which the settlement was made.”

The Times, 8th June 2009

Civil Procedure Rules: 10 years of change – Law Society’s Gazette

Posted May 29th, 2009 in civil procedure rules, news by sally

“If you are a civil litigator able to remember serving a writ on behalf of a plaintiff, as well as the days of pleadings, interrogatories, further and better particulars, affidavits and discovery, then you are, shall we say, of a certain vintage. For solicitors who have entered practice in the past decade, these terms are relics of the days before claimants and claim forms, statements of case, requests for further information, witness statements and disclosure.But 10 years on from the implementation of the Civil Procedure Rules, have the reforms laboured over by Lord Woolf provided much more than a change in terminology?”

Roult (by his mother and litigation friend) v North West Strategic Health Authority [2009] EWCA Civ 444; [2009] WLR (D) 164

Law Society’s Gazette, 28th May 2009

Source: www.lawgazette.co.uk

Roult (by his mother and litigation friend) v North West Strategic Health Authority – WLR Daily

Posted May 26th, 2009 in civil procedure rules, law reports, personal injuries by sally

“There was no power pursuant to CPR r 3.1 in the context of personal injury litigation to vary the terms of a settlement where there had been an unforseen event which destroyed the assumption on which the settlement was made.”

WLR Daily, 21st May 2009

Emerald Supplies Ltd v British Airways plc [2009] EWHC 741 (Ch); [2009] WLR (D) 136

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Emerald Supplies Ltd v British Airways plc – WLR Daily

Posted April 14th, 2009 in civil procedure rules, class actions, competition, law reports by sally

“The court had no jurisdiction to make a representation order under CPR r 19.6 where the criteria for inclusion in the class depended on the outcome of the action itself.”

WLR Daily, 9th April 2009

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Have the Woolf reforms worked? – The Times

Posted April 9th, 2009 in civil justice, civil procedure rules, news by sally

“The changes made ten years ago have been a disaster for the civil justice system and need a radical rethink.”

The Times, 9th April 2009

Bovale Ltd v Secretary of State for Communities and Local Government and Another

Bovale Ltd v Secretary of State for Communities and Local Government and Another – Times Law Reports

Posted March 23rd, 2009 in civil procedure rules, judgments, law reports, practice directions by sally

Court of Appeal

“While a judge had no power to alter the Civil Procedure Rules or vary any practice direction, either by a judgment or purported practice direction, he did have an inherent jurisdiction to include procedural directions of a general application where there was a gap in the rules or in the practice directions.”

The Times, 23rd March 2009

Bovale Ltd v Secretary of State for Communities and Local Government and another [2009] EWCA Civ 171; [2009] WLR (D) 94

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Bovale Ltd v Secretary of State for Communities and Local Government and another – WLR Daily

Posted March 13th, 2009 in civil procedure rules, judgments, law reports, practice directions by sally

“A judge had no power to alter the Civil Procedure Rules either by a judgment or practice direction or to vary or alter any practice direction which was binding on the court to which it was directed. Where there was a gap in the Rules or practice directions pending the giving of a practice direction, a judge had inherent jurisdiction to include procedural directions of general application in his judgment.”

WLR Daily, 12th March 2009

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Civil Procedure Rules: Cost Capping Orders Response Paper – Ministry of Justice

Posted February 23rd, 2009 in civil procedure rules, costs, costs capping orders, news by sally

“A consultation being conducted on behalf of the Civil Procedure Rule Committee on proposals to amend part 44 of the Civil Procedure Rules by inserting rules on costs capping orders. The consultation also proposes amendments to the Costs Practice Direction to provide guidance on costs capping. The proposals are drawn from current case law and so do not propose new policy.”

Raja v Van Hoogstraten (No 9)

Ministry of Justice, 23rd February 2009

Source: www.justice.gov.uk

Raja v Van Hoogstraten (No 9) – Times Law Reports

Posted February 4th, 2009 in civil procedure rules, law reports, sequestration, setting aside by sally

Court of Appeal

“Since the introduction of the Civil Procedure Rules, applications for the setting aside of orders made without notice were governed by rule 23.10, and determined by the court exercising the discretion given by that rule in accordance with the overriding objective to do justice.”

The Times, 4th February 2009