Category: civil procedure rules

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

Posted August 3rd, 2007 in banking, case management, civil procedure rules, compensation, financial regulation, fraud, insurance, maladministration, special report by sally

“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

Case track limits and the claims process for personal injury claims – Department for Constitutional Affairs

Posted April 20th, 2007 in civil justice, civil procedure rules, consultations, personal injuries by sally

“The first part of this paper reviews and makes proposals on the case management track limits for civil claims found in Part 26.6 of the Civil Procedure Rules. The second part considers how the claims process for personal injury cases could be streamlined to become more efficient and cost effective.”

Case track limits and the claims process for personal injury claims CP 8/07, 20th April 2007

Source: www.dca.gov.uk