Category: civil procedure rules

Court lets late solicitors off hook – but don’t expect more ‘indulgence’ – Law Society’s Gazette

Posted October 8th, 2021 in civil procedure rules, documents, news, service, solicitors, time limits by tracey

‘ The High Court has shown a rare act of mercy to lawyers who filed documents late without checking to see if their opponents would accept email service. In Citysprint UK Ltd v Barts Health NHS Trust Mr Justice Fraser stressed that the particular circumstances were unusual and that his ruling should not be interpreted as the court being “indulgent” to failures of compliance.’

Full Story

Law Society's Gazette, 7th October 2021

Source: www.lawgazette.co.uk

Supreme Court backs claimants in QOCS set-off ruling – Legal Futures

Posted October 7th, 2021 in accidents, civil procedure rules, costs, news, personal injuries, road traffic, set-off, Supreme Court by sally

‘The Supreme Court has held that defendants cannot set off opposing costs orders in cases covered by qualified one-way costs shifting (QOCS), in what has been hailed as a significant win for claimants.’

Full Story

Legal Futures, 6th October 2021

Source: www.legalfutures.co.uk

Judge lambasts government lawyers who ignored court rules – Law Society’s Gazette

Posted October 1st, 2021 in civil procedure rules, coronavirus, disclosure, expert witnesses, government departments, judicial review, news, public procurement by tracey

‘The Department of Health and Social Care has been publicly censured by the courts for repeatedly failing to comply with civil procedure rules on disclosure protocol in a case brought by a campaign group.’

Full Story

Law Society's Gazette, 1st October 2021

Source: www.lawgazette.co.uk

Cancelling a debt moratorium – some issues – Nearly Legal

Posted September 15th, 2021 in civil procedure rules, debts, housing, landlord & tenant, mental health, news, repossession by tracey

‘Axnoller Events Ltd v Brake & Anor (mental health crisis moratorium) (2021) EWHC 2308 (Ch). I’m not going into any detail on the background to this judgment. It forms part of what has been by any measure truly epic litigation, which has yet to culminate in a possession trial on one property and an eviction trial on another property (with the parties’ roles reversed). If you have several days to spare, the many and varied previous judgments are worth a read, not least as offering intermittent lessons in how not to litigate. However, this is the first judgment dealing with debt moratoria and applications (or claims) to cancel a moratorium under the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 so it is of considerable interest.’

Full Story

Nearly Legal, 12th September 2021

Source: nearlylegal.co.uk

Mastercard? That’ll do nicely! Do you need to issue a new claim if your amendment might be statute barred? – Practical Law: Construction Blog

Posted September 14th, 2021 in amendments, civil procedure rules, construction industry, limitations, news by tracey

‘It is no coincidence that construction cases play a prominent role in many of the leading decisions concerning limitation. It is the nature of our work that problems have a tendency to emerge some time after the work was completed and, more than occasionally, new problems come to light after proceedings have commenced.’

Full Story

Practical Law: Construction Blog, 7th September 2021

Source: constructionblog.practicallaw.com

Service of documents in civil proceedings: A lesson in getting it right – Local Government Lawyer

Posted September 13th, 2021 in case management, civil procedure rules, documents, news, service, time limits by tracey

‘Lynsey Oakdene and Kathryn Vickers highlight a recent judicial review case in which the claim form was set aside because it was served late and the court declined to exercise its case management powers.’

Full Story

Local Government Lawyer, 11th September 2021

Source: www.localgovernmentlawyer.co.uk

Property guardians, possession claims and appearance of a defence for CPR 55.8 – Nearly Legal

Posted August 27th, 2021 in appeals, civil procedure rules, housing, landlord & tenant, news, repossession by tracey

‘Global 100 Ltd v Kyselakova & Ors (2021) EW Misc 13 (CC). This is the judgment in an appeal to a Circuit Judge – HHJ Luba QC – from a possession order made by a District Judge at the first hearing of the possession claim. The issues involved the threshold for “circumstances where the defendant had disputed the claim on grounds that appeared to be substantial.” for the purposes of CPR 55.8, (which is of broad application to all residential possession claims) as well as putative defences to the claim.’

Full Story

Nearly Legal, 25th August 2021

Source: nearlylegal.co.uk

New Judgment: CPRE Kent v Secretary of State for Communities and Local Government [2021] UKSC 36 – UKSC Blog

Posted August 2nd, 2021 in appeals, civil procedure rules, costs, judicial review, local government, news, planning, Supreme Court by sally

‘The Supreme Court has unanimously dismissed this appeal concerning whether a claimant in statutory and judicial review cases who is unsuccessful at the permission stage should be liable for the costs of multiple other parties, including respondents and interested parties.’

Full Story

UKSC Blog, 30th July 2021

Source: ukscblog.com

High Court warns uncooperative parties against “litigation warfare” – Legal Futures

Posted July 30th, 2021 in civil procedure rules, construction industry, costs, disclosure, dispute resolution, news, pilot schemes by sally

‘A High Court judge has warned against “litigation warfare” as he pleaded with the parties in a construction dispute to co-operate in the face of spiralling costs.’

Full Story

Legal Futures, 30th July 2021

Source: www.legalfutures.co.uk

Removal and substitution of Personal Representatives under s 50 Administration of Justice Act 1985 – Radcliffe Chambers

Posted July 28th, 2021 in chambers articles, civil procedure rules, evidence, executors, jurisdiction, news by sally

‘Nathan Wells examines judicial guidance on the appropriate procedure for issuing and hearing claims for the removal/substitution of personal representatives and the preparation of evidence in such claims.’

Full Story

Radcliffe Chambers, 21st July 2021

Source: radcliffechambers.com

Committed to committal – Nearly Legal

Posted July 13th, 2021 in civil procedure rules, committals, contempt of court, coronavirus, harassment, landlord & tenant, news, sentencing, service by tracey

‘Gunn & Launders v Khan (2020) EWCA Civ 1905. This was an appeal by the landlord, Saakib Khan, of an order sentencing him to six months imprisonment for contempt of court for breach of an injunction. The injunction (still just about interim on the date of breach, as will become clear) was to prevent Saakib Khan from evicting or attempting to evict the tenant and from interfering with his quiet enjoyment of the property and from threatening him with violence or harassing, pestering, or intimidating him.’

Full Story

Nearly Legal, 8th July 2021

Source: nearlylegal.co.uk

Appeal judges back higher costs where claimant has died – Law Society’s Gazette

Posted July 13th, 2021 in civil procedure rules, costs, executors, news, personal injuries, pre-action conduct by tracey

‘The Court of Appeal has found in favour of claimants with a ruling that the more lucrative costs regime should apply where someone dies before their case concludes.’

Full Story

Law Society's Gazette, 12th July 2021

Source: www.lawgazette.co.uk

Court of Appeal boosts claimant PI solicitors with fixed-costs ruling – Legal Futures

Posted July 9th, 2021 in civil procedure rules, costs, news, part 36 offers, personal injuries, solicitors by michael

‘The Court of Appeal has handed a boost to claimant personal injury (PI) solicitors by applying the more generous fixed costs regime for cases where the claimant in a low-value matter dies.’

Full Story

Legal Futures, 9th July 2021

Source: www.legalfutures.co.uk

Court of Appeal makes no order for costs after allowing appeal by mother against Court of Protection order discharging her as party to proceedings – Local Government Lawyer

Posted July 6th, 2021 in appeals, civil procedure rules, costs, Court of Protection, families, local government, news by sally

‘The Court of Appeal has made no order for costs in a case where it allowed a mother’s appeal against an order made in the Court of Protection discharging her as a party to proceedings concerning her highly vulnerable 19-year-old daughter.’

Full Story

Local Government Lawyer, 5th July 2021

Source: www.localgovernmentlawyer.co.uk

Judge’s surprise at firm’s failure to ensure “basic compliance” with CPR – Legal Futures

Posted June 29th, 2021 in civil procedure rules, expert witnesses, law firms, news by sally

‘A High Court judge has expressed her surprise at a London law firm’s failure to ensure “basic levels of compliance” with the Civil Procedure Rules by a client and its experts.’

Full Story

Legal Futures, 29th June 2021

Source: www.legalfutures.co.uk

Judge refuses plea from litigant in person for free hard copy bundle – Law Society’s Gazette

Posted June 25th, 2021 in budgets, civil procedure rules, documents, housing, legal representation, litigants in person, news, repossession by tracey

‘The High Court has ruled out giving a litigant in person a free hard copy of the bundle prepared for two forthcoming trials, with the judge noting that parties do not necessarily need to have equal resources.’

Full Story

Law Society's Gazette, 24th June 2021

Source: www.lawgazette.co.uk

Mediation – Don’t panic in the Pandemic – be prepared – 4-5 Gray’s Inn Square

Posted June 24th, 2021 in chambers articles, civil justice, civil procedure rules, coronavirus, dispute resolution, news by sally

‘The coronavirus pandemic and the current and continuing lockdown imposed by government has led to a number of consequences for the resolution of commercial disputes, and the administration of justice. First is where trials are being adjourned to uncertain dates, currently unable to take place due to the inability or unwillingness of people to attend court. Second is what is going to happen when the lockdown is eased or lifted, and disputes, which have been building up in the normal course, enter the system creating a backlog. Judges are understandably concerned that the courts and arbitral tribunals could face and potentially be overwhelmed by a wave of commercial cases. A number of these disputes will have arisen due to the parties’ inability to honour their contractual obligations due to the lockdown with complicated issues of law as to the remedies available.’

Full Story

4-5 Gray's Inn Square, 21st June 2021

Source: www.4-5.co.uk

TCC debars Defendant during trial from relying on its three technical expert reports following numerous breaches of CPR Part 35 – Henderson Chambers

Posted June 24th, 2021 in chambers articles, civil procedure rules, evidence, expert witnesses, news by sally

‘The Claimant made an application on day 7 of a TCC trial to debar the Defendant from relying on any of its three technical expert reports and to debar those experts from giving evidence at the trial.’

Full Story

Henderson Chambers, 4th June 2021

Source: www.hendersonchambers.co.uk

Claimant has £200k costs paid despite winning only £10 damages – Law Society’s Gazette

Posted June 23rd, 2021 in civil procedure rules, costs, damages, news, part 36 offers by sally

‘A High Court judge has found that the county court was entitled to order costs in favour of a claimant who secured nominal damages of £10 at trial.’

Full Story

Law Society's Gazette, 21st June 2021

Source: www.lawgazette.co.uk

Court upholds validity of £1 part 36 offer by party awarded £10 – Litigation Futures

Posted June 23rd, 2021 in civil procedure rules, costs, damages, news, part 36 offers by sally

‘The High Court has upheld a decision that a party that made a part 36 offer of £1 and received nominal damages of £10 was entitled to the usual costs consequences of beating their offer.’

Full Story

Litigation Futures, 21st June 2021

Source: www.litigationfutures.com