‘Vulnerability’ added to overriding objective and costs rules – Litigation Futures

‘Taking account of the vulnerability of parties and witnesses is to be added to the overriding objective as well as the factors used to determine the proportionality of costs.’

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Litigation Futures, February 2021

Source: www.litigationfutures.com

Court of Appeal rules on whether VAT is payable on top of caps on costs in Aarhus Convention claims – Local Government Lawyer

Posted January 14th, 2021 in airports, civil procedure rules, costs, news, statutory interpretation, treaties, VAT by tracey

‘The caps set out in the Civil Procedure Rules on the costs payable by losing parties in Aarhus Convention claims are inclusive of VAT, the Court of Appeal has ruled as part of the third Heathrow runway litigation.’

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Local Government Lawyer, 13th January 2021

Source: www.localgovernmentlawyer.co.uk

HMRC v IGE USA Investments Ltd [2020] EWHC 1716 (Ch) – the role of statements of case and Lists of Issues for Disclosure in applications to vary an order for Extended Disclosure under the Disclosure Pilot Scheme – Hardwicke Chambers

‘Whilst Standard Disclosure (under CPR 31) remains in force, the Disclosure Pilot has provided a more flexible menu of disclosure options for the majority of cases in the Business and Property Courts. There is a degree of overlap between CPR 31 and the Pilot Scheme, but there are some significant divergences. One of those is paragraph 18 of the Pilot Scheme, which allows variations of pre-existing orders for Extended Disclosure. The scope of the court’s jurisdiction under paragraph 18 of the Disclosure Pilot was central to this appeal.’

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Hardwicke Chambers, 8th January 2021

Source: hardwicke.co.uk

Cost Budgets: Not Necessarily for Life, Maybe Just For Christmas – CPR Rule 3.15A – Becket Chambers

Posted December 7th, 2020 in chambers articles, civil procedure rules, costs, news by sally

‘The Covid-19 pandemic has dominated the legal landscape throughout 2020 with many changes being made to the way professionals work as well as the rules they are subject to. There have been many amendments and additions made to the Civil Procedure Rules as a result of the pandemic, however they are not the only such changes that have been made.’

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Becket Chambers, 3rd December 2020

Source: becket-chambers.co.uk

Increase guideline hourly rates by 35% pending CJC review, judge says – Litigation Futures

Posted December 4th, 2020 in civil procedure rules, costs, fees, judges, news, solicitors by sally

‘The guideline hourly rates (GHR) should be increased to take account of inflation while they are being reviewed, meaning an increase of 35%, the High Court ruled this week.’

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Litigation Futures, 3rd December 2020

Source: www.litigationfutures.com

When must an unsuccessful litigant accept “No” for an answer? Court of Appeal hands down latest ruling in long-running planning battle – Local Government Lawyer

Posted December 3rd, 2020 in appeals, civil procedure rules, local government, news, planning by tracey

‘A planning dispute that has been the subject of nine court hearings must be brought to an end, the Court of Appeal has said.’

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Local Government Lawyer, 3rd December 2020

Source: www.localgovernmentlawyer.co.uk

The Cautionary tale of the postman, the application for relief and not enough money? Diriye v Bojaj [2020] EWCA Civ 1400 – Park Square Barristers

‘This credit hire appeal case was heard in the Court Of Appeal on 15 October 2020 with judgment being handed down on 4 November. It was heard by Lord Justice Coulson who gave the leading judgment, Lady Justice Davies and Lady Justice Rose agreeing.’

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Park Square Barristers, 13th November 2020

Source: www.parksquarebarristers.co.uk

Diriye v Bojaj [2020] EWCA Civ 1400: ‘Signed For’ deliveries and deemed service – Littleton Chambers

‘In Diriye v Bojaj [2020] EWCA Civ 1400, the Court of Appeal handed down an important judgment clarifying the scope of the deemed service provisions in CPR 6.26 in the context of signed for deliveries. The Court held that a “Signed For 1st Class” delivery would still be deemed served “on the second day after it was posted” in accordance with CPR 6.26, regardless of the date on which it was actually signed for and received.’

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Littleton Chambers, 11th November 2020

Source: littletonchambers.com

A Costly Lesson? A discussion of the decision in Belsner v Cam Legal Services Limited [2020] EWHC 2755 (QB) – Parklane Plowden Chambers

‘Lavender J has held that solicitors cannot rely upon CPR 46.9(2) to recover more from a client than could have been recovered between parties in the proceedings, unless they can show that the client provided informed consent. The decision potentially has far-reaching consequences for the use of conditional fee agreements (“CFAs”).’

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Parklane Plowden Chambers, 20th November 2020

Source: www.parklaneplowden.co.uk

‘Signed For 1st Class’ service is first-class post, CA rules – Litigation Futures

Posted November 23rd, 2020 in appeals, civil procedure rules, documents, news, postal service, service, solicitors by sally

‘The Royal Mail service ‘Signed For 1st Class’ is first-class post or equivalent for the purposes of the deemed service provisions of the CPR, the Court of Appeal has ruled.’

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Litigation Futures, 23rd November 2020

Source: www.litigationfutures.com

Who has jurisdiction and under what circumstances? – Falcon Chambers

‘This paper deals with one of life’s big questions: “why are we here?”, albeit the “here” refers to one or more of the County Court, the First Tier Tribunal and the Upper Tribunal (Lands Chamber), and sometimes two of them at the same time.’

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Falcon Chambers, 2nd November 2020

Source: www.falcon-chambers.com

Service out of the jurisdiction after 31 December 2020: the end of service out without permission? – EU Relations Law

Posted November 18th, 2020 in brexit, civil procedure rules, EC law, news, service out of jurisdiction by sally

‘Until 31 December 2020, if the English court has jurisdiction to hear a claim under the Brussels Regulation (recast), the claimant does not need permission to serve the claim form out of the UK (CPR rule 6.33(2)).’

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EU Relations Law, 17th November 2020

Source: eurelationslaw.com

Setting aside judgment for non-attendance: not necessarily what you may expect – Hardwicke Chambers

Posted November 10th, 2020 in adjournment, civil procedure rules, default judgments, news by sally

‘In Fatima v Family Channel Ltd & Anor [2020] EWCA Civ 824, the Court of Appeal addressed an important point of principle engaging the right to a fair trial: the interplay between an unsuccessful application to adjourn a trial under CPR Part 3.1(2)(b) and a subsequent application under CPR Part 39.3 to set aside a judgment against a non-attending party. The decision clarifies whether the judge considering the Part 39.3 application is bound by the trial judge’s findings of fact, or is entitled to draw his own conclusions on the same evidence and material before the court.’

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Hardwicke Chambers, 7th October 2020

Source: hardwicke.co.uk

Do Practice Directions make perfect? – Hardwicke Chambers

Posted November 10th, 2020 in civil procedure rules, insolvency, news, practice directions, remote hearings by sally

‘By way of introduction to this topic it is worth recalling that by the time the Insolvency (England and Wales) Rules 2016 (“IR 2016”) came into force in April 2017 the Practice Direction on Insolvency Proceedings (“IPD”) had still not been updated to take account of the reforms introduced by IR 2016. Nor had it been updated to take account of the Electronic Working Pilot Scheme in CPR Practice Direction 51O (“EWPS”). In fact, there followed a significant period during which the IPD and IR 2016 were not compatible. The delay was at least in part caused by the reforms to the court system in England and Wales that resulted in the creation of the Business and Property Courts (“B&PC”). A new Practice Direction to govern the procedure in the B&PC came into effect in October 2017 and although subsequently supplemented by other changes, it was not until 25 April 2020 that a revised IPD, compatible with IR 2016, was finally released and even this was quickly superseded by a more definitively revised IPD on 4 July 2018. However, there were some significant anomalies with regard to the intermeshing of these various procedural rules and practice directions, not least in the area of out-of-court appointments of administrators.’

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Hardwicke Chambers, 7th October 2020

Source: hardwicke.co.uk

New Developments in Cost Budgeting – 4 New Square

Posted October 29th, 2020 in budgets, civil procedure rules, costs, news, practice directions by sally

‘Ben Williams QC, Rob Marven QC and Benjie Fowler consider the changes to cost budgeting introduced in October 2020.’

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4 New Square, 7th October 2020

Source: www.4newsquare.com

Belsner v Cam Legal Services Ltd – Hailsham Chambers

‘In Belsner v Cam Legal Services Ltd [2020] EWHC 2755, Lavender J (“the Judge”) has held that a client (“C”) did not give informed consent to the recovery from her of a sum by her solicitors (“solicitor”) over and above the costs recovered from the defendant in litigation (“D”). As a result, the solicitors were limited to the fixed costs which they recovered from D.’

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Hailsham Chambers, 23rd October 2020

Source: www.hailshamchambers.com

Possession Proceedings: Where are they now? – Tanfield Chambers

‘When the stay on possession proceedings first came into force on 27 March 2020, it appeared to be a straight-forward (albeit blunt) tool to help the Courts manage the effects of the Coronavirus.’

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Tanfield Chambers, 5th October 2020

Source: www.tanfieldchambers.co.uk

Court orders costs repayment after client did not consent to deduction – Law Society’s Gazette

‘Fee-recovery lawyers say millions of clients could stand to benefit from a court judgment which reduced legal fees deducted from compensation.’

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Law Society's Gazette, 19th October 2020

Source: www.lawgazette.co.uk

Falling over backwards, if at all: The “slip” rule and its application – Becket Chambers

Posted October 19th, 2020 in chambers articles, civil procedure rules, judgments, news by sally

‘Every now and then, a court may make an “error” when giving judgment and making an order. There are circumstances where the judgment or order can be amended without giving notice to the other side and without the need for another hearing, but parties must be careful to ensure any amendments reflect the original intention of the court at the time the judgment and the order were given.’

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Becket Chambers, 13th October 2020

Source: becket-chambers.co.uk

Amendments to Costs Budgeting Rules Coming into Force on 1st October 2020 – St John’s Chambers

‘As of 1st October 2020 several amendments to the costs budgeting rules and the related Practice Direction came into force.’

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St John's Chambers, 2nd October 2020

Source: www.stjohnschambers.co.uk