Civil Procedure Rules: costs capping orders – Ministry of Justice

Posted September 15th, 2008 in civil procedure rules, consultations, costs, costs capping orders 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.”

Full consultation

Ministry of Justice, 12th September 2008

Source: www.justice.gov.uk

Civil Procedure Rules – 47th Update – The Bar Council

Posted September 2nd, 2008 in civil procedure rules, news by sally

“The latest Civil Procedure Rules (CPR) are due to come into force fully on 1 October 2008. There are changes in a large number of areas.”

Full story

The Bar Council, 2nd September 2008

Source: www.barcouncil.org.uk

Leofelis SA and Another v Lonsdale Sports Ltd and Others – Times Law Reports

Posted July 23rd, 2008 in civil procedure rules, documents, law reports by sally

Leofelis SA and Another v Lonsdale Sports Ltd and Others

Court of Appeal

“It was appropriate for economy of documentation in appeals for parties to cooperate in making the bundles as convenient as possible, even in ways which the Practice Direction to Part 52 of the Civil Procedure Rules might not allow.”

The Times, 23rd July 2008

Source: www.timesonline.co.uk

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

Review of Part 6 of the Civil Procedure Rules: Service of Documents [CP 14/07] – Ministry of Justice

Posted March 19th, 2008 in civil procedure rules, consultations, service by sally

“The post-consultation report contains a summary of responses to the consultation, a detailed response to the specific questions raised in the report and the next steps following the consultation.”

Response to consultation (PDF)

Ministry of Justice, 18th March 2008

Source: www.justice.gov.uk

Regina (George Wimpey UK Ltd) v Tewkesbury Borough Council – Times Law Reports

Posted February 25th, 2008 in appeals, civil procedure rules, jurisdiction, law reports by sally

Regina (George Wimpey UK Ltd) v Tewkesbury Borough Council

Court of Appeal

“The Court of Appeal had power to grant permission to appeal to a party who had not been in the case at first instance.”

The Times, 25th February 2008

Source: www.timesonline.co.uk

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

Martin v Triggs Turner Barton (a Firm) and Others – Times Law Reports

Posted February 5th, 2008 in civil procedure rules, disclosure, law reports by sally

Martin v Triggs Turner Barton (a Firm) and Others

“The court was entitled to make an order to ensure that specific disclosure was carried out properly.”

The Times, 5th February 2008

Source: www.timesonline.co.uk

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

George Wimpey UK Ltd v Tewkesbury Borough Council (MA Holdings Ltd, prospective appellant) – WLR Daily

Posted February 1st, 2008 in appeals, civil procedure rules, jurisdiction, law reports by sally

George Wimpey UK Ltd v Tewkesbury Borough Council (MA Holdings Ltd, prospective appellant) [2008] EWCA Civ 12; [2008] WLR (D) 23

“The Court of Appeal had jurisdiction to entertain an application by, and to grant permission to, someone who had not been a party to the proceedings in the court below, to enable them to appeal against the decision of the court below. The word “appellant” as defined in CPR Pt 52 did not exclude someone who had not been a party to the proceedings below and the rule should be interpreted in order to meet the overriding objective of enabling the court to deal with cases justly.”

WLR Daily, 31st January 2008

Source: www.lawreports.co.uk

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

Lambeth London Borough Council v Onayomake – Times Law Reports

Posted November 2nd, 2007 in civil procedure rules, landlord & tenant, law reports, negligence, solicitors by sally

Disproportionate exercise of judicial power

Lambeth London Borough Council v Onayomake

Court of Appeal

“Where a counterclaim had been made on substantial grounds in a possession action, it was a disproportionate exercise of judicial power to strike out a defence and counterclaim when the defendant’s legal representative had failed to file a check list on time.”

The Times, 2nd November 2007

Source: www.timesonline.co.uk

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

A UK Perspective on EU Civil Justice – Impact on Domestic Dispute Resolution – Speech by Sir Anthony Clarke

Posted October 25th, 2007 in civil justice, civil procedure rules, speeches by sally

A UK Perspective on EU Civil Justice – Impact on Domestic Dispute Resolution (pdf)

Speech by Sir Anthony Clarke, Master of the Rolls.

EU Civil Justice Day Conference, 25th October 2007

Source: www.judiciary.gov.uk

Southwark London Borough Council v Onayomake – WLR Daily

Posted October 23rd, 2007 in civil procedure rules, landlord & tenant, law reports, negligence, solicitors by sally

Southwark London Borough Council v Onayomake

“It was a disproportionate exercise of power to strike out a defence and counterclaim based on substantial grounds in a possession action merely because the defendant’s legal representative had failed to file a check list and had been late for the court management hearing to explain the failure.”

WLR Daily, 22nd October 2007

Source: www.lawreports.co.uk

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

Tasarruf Mevduati Sigorta Fonu v. Demirel and Another – Times Law Reports

Posted August 24th, 2007 in civil procedure rules, law reports, service out of jurisdiction by sally

Foreign judgment claim

Tasarruf Mevduati Sigorta Fonu v. Demirel and Another

Court of Appeal

“A claimant did not have to establish that a defendant had assets within the jurisdiction in order to obtain permission to serve a claim out of the jurisdiction to enforce a foreign judgment.”

The Times, 24th August 2007

Source: www.timesonline.co.uk

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

Courts taking a firmer hand to stop weak cases dragging on – The Times

“Judges are increasingly willing to step in to stop another expensive disaster such as BCCI or Equitable Life.”

Full story

The Times, 2nd August 2007

Source: www.timesonline.co.uk

Tasarruf Mevduati Sigorta Fonu v Demirel and another [2007] EWCA Civ 799 – WLR Daily

Posted July 31st, 2007 in civil procedure rules, law reports, service out of jurisdiction by michael

Tasarruf Mevduati Sigorta Fonu v Demirel and another [2007] EWCA Civ 799

The court had power under CPR r 6.20(9) to permit service outside the jurisdiction of a claim to enforce a foreign judgment where the defendant, who lived abroad, had no assets in the jurisdiction. Ordinarily it would not be just to permit service outside the jurisdiction unless there was a real prospect of a legitimate benefit to the claimant from the English proceedings.”

WLR Daily, July 30th 2007

Source: www.lawreports.co.uk

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

White v. Greensand Homes Ltd. and Another – Times Law Reports

Posted July 19th, 2007 in civil procedure rules, law reports by sally

Withdrawing mistaken admission

White v. Greensand Homes Ltd. and Another

Court of Appeal 

“The court was able to apply the overriding objective of the Civil Procedure Rules to allow a defendant to amend his defence and withdraw his admission made by mistake.”

The Times, 19th July 2007

Source: www.timesonline.co.uk  

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

Review of Part 6 of the Civil Procedure Rules: service of documents – Ministry of Justice

Posted July 9th, 2007 in civil procedure rules, consultations, service by sally

“This consultation paper seeks views on proposals to simplify the rules in Part 6 of the Civil Procedure Rules 1998 on service of documents within the jurisdiction and for service out of the jurisdiction.”

 Review of  Part 6 of the Civil Procedure Rules: service of documents

Ministry of Justice, 9th July 2007 

Source: www.justice.gov.uk

White v. Greensand Homes Ltd. and another – WLR Daily

Posted July 2nd, 2007 in civil procedure rules, law reports, pleadings by sally

White v. Greensand Homes Ltd. and another [2007] EWCA Civ 643

“A defendant, who has made a mistaken admission that he had been the designer of a building in pre action protocol correspondence which he repeated in his defence filed in proceedings, could not withdraw the admission without the court’s permission. In considering whether to grant permission the court had to have regard to the question of any prejudice to either party arising from either the grant or refusal of such an application.”

WLR Daily, 28th June 2007

Source: www.lawreports.co.uk

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

Companies Act 2006 – Derivative Claims – Ministry of Justice

Posted June 8th, 2007 in civil procedure rules, company law, consultations by sally

“The Companies Act 2006 (“the Act”), which received Royal Assent on 8 November 2006, has, amongst other things, made changes to the substantive law on derivative claims. In order to support the changes it has been necessary to amend the rules of court.”

Companes Act 2006 – derivative claims

Source: www.justice.gov.uk

Dunwoody Sports Marketing v. Prescott – Times Law Reports

Posted May 25th, 2007 in civil procedure rules, law reports, substitution by sally

Substitution of party

Dunwoody Sports Marketing v. Prescott

Court of Appeal

“The court had power to order substitution of a new party for an existing party or joinder of a party to an action after judgment had been given.”

The Times, 25th May 2007

Source: www.timesonline.co.uk

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

Dunwoody Sports Marketing v. Prescott – WLR Daily

Posted May 18th, 2007 in civil procedure rules, law reports, substitution by sally

Dunwoody Sports Marketing v. Prescott [2007] EWCA Civ 461 

“The power to order substitution of a new party for an existing party to an action under CPR r 19.2 continued after judgment had been given.”

WLR Daily, 17th May 2007

Source: www.lawreports.co.uk

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

Marcan Shipping (London) Ltd. v. Candida Corpn and another – WLR Daily

Posted May 18th, 2007 in civil procedure rules, law reports by sally

Marcan Shipping (London) Ltd. v. Candida Corpn and another [2007] EWCA Civ 463

“The sanction embodied in an “unless” order in traditional form took effect without the need for any further order if the party to whom it was addressed failed to comply with it in any material respect. Unless the party in default had applied for relief, or the court itself decided for some exceptional reason that it should act of its own initiative, the question whether the sanction ought to apply did not arise.”

WLR Daily, 17th May 2007

Source: www.lawreports.co.uk