‘Benjamin Clayton discusses proposed amendments to CPR 45, in the context of the recent update pertaining to vulnerable witnesses. Such changes not only take greater account of individual differences, but also put to bed long standing arguments between claimants and defendants.’
St Philips Barristers, 4th June 2021
Source: st-philips.com
‘The High Court has excluded three expert witness statements during the trial after ruling that their opinions appeared “directly influenced” by the instructing party.’
Litigation Futures, 2nd June 2021
Source: www.litigationfutures.com
‘In claims concerning a child or a protected party, acceptance of a Part 36 offer is subject to the approval process under Part 21. Consequently, the accepted Part 36 offer is not deemed binding until the court approves the same. What would happen if the offeror wishes to withdraw the Part 36 offer during the period between acceptance and approval due to a material change in circumstances such as the death of a protected party?’
St Philips Barristers, 13th May 2021
Source: st-philips.com
‘A 64-page users’ guide aimed at litigants in person who have to navigate the “straightforward” Official Injury Claim (OIC) portal for whiplash claims was published yesterday.’
Legal Futures, 30th April 2021
Source: www.legalfutures.co.uk
‘It would be unjust for a defendant to be bound by the acceptance of a six-year-old part 36 offer on behalf of a protected party just hours before their death, the High Court has indicated.’
Litigation Futures, 22nd April 2021
Source: www.litigationfutures.com
‘There was nothing in the CPR that could make good a mistake by a trainee solicitor in not serving a claim form in time, even though it was down to the disruption of Covid, the High Court has ruled.’
Litigation Futures, 21st April 2021
Source: www.litigationfutures.com
‘A High Court master has sent out a strong message on the need to seek budget variations promptly after refusing a bid to increase two claimants’ budgets by £1.3m.’
Litigation Futures, 13th April 2021
Source: www.litigationfutures.com
‘The Ministry of Justice has launched a consultation on giving the courts the power to suspend quashing orders, removing so-called “Cart judgments”, and introducing a series of changes to civil procedure rules, following recommendations by the Independent Review of Administrative Law (IRAL) led by Lord Faulks QC.’
Local Government Lawyer, 19th March 2021
Source: www.localgovernmentlawyer.co.uk
‘Legislation this year could introduce radically simplified procedure rules for the proposed online civil court, Supreme Court justice Lord Briggs has revealed. Addressing a Cyprus conference on civil procedure rules, Lord Briggs said the online court – whether for civil, family or tribunal cases – might have only one rule: “Do what it says in the electronic form.”’
Law Society's Gazette, 17th March 2021
Source: www.lawgazette.co.uk
‘The court has the power to require a solicitor to attend court for cross-examination in respect of a wasted costs application, a High Court judge has ruled.’
Litigation Futures, 11th March 2021
Source: www.litigationfutures.com
‘During January 2021 the Court of Appeal handed down three judgments on appeals relating to strike out applications under CPR 3.4(2)(b): Allsop v Banner Jones Ltd [2021] EWCA Civ 7, PricewaterhouseCoopers LLP v BTI 2014 LLC [2021] EWCA Civ 9 and Tinkler v Ferguson [2021] EWCA Civ 18.’
Ropewalk Personal Injury Blog, 25th February 2021
Source: www.ropewalk.co.uk
‘Details of the new SCT RTA Protocol[1] (“the Protocol”) which sits alongside the new whiplash tariff, as set out in The Whiplash Injury Regulations 2021 (“the Whiplash Regulations”) were announced at the end of February. They will come into force, alongside the accompanying changes to the Civil Procedure Rules, on 31 May 2021.’
12 King's Bench Walk, 3rd March 2021
Source: www.12kbw.co.uk
‘From 6 April 2021, a new regime for witness statements in the Business and Property Courts will come into force. Practice Direction 57AC will introduce significantly tighter requirements that will apply to all trial witness statements signed on or after 6 April 2021, including those in claims that have already been issued.’
3 Hare Court, February 2021
‘The courts are increasingly referring to PD 27A and the necessity for compliance.’
3PB, 26th February 2021
Source: www.3pb.co.uk
‘The new Practice Direction 57AC (Witness evidence at trial) is set to significantly alter the approach taken to witness statements in the Business and Property Courts (B&PCs) by introducing new rules to deal with “the phenomenon over-long, over-lawyered trial witness statements” (paragraph 10 of the Factual Witness Evidence in Trials before the Business & Property Courts: Implementation Report of the Witness Evidence Working Group (31 July 2020) (Implementation Report). It will apply in the B&PCs to witness statements signed on or after 6 April 2021 in both new and existing proceedings (paragraph 1.1, PD 57AC. Note that certain types of proceedings are excluded unless the court directs otherwise: see paragraph 1.3).’
Hardwicke Chambers, 4th March 2021
Source: hardwicke.co.uk
‘If you are unlucky enough to have a car crash after 31 May 2021 and suffer whiplash injuries, you will face a very different approach to the valuation of and means of obtaining your damages. The new tariff regulations – The Whiplash Injury Regulations 2021 – will reduce general damages significantly, from the potential £4,080 for a 12-month whiplash injury under the Judicial College Guidelines to a fixed £1,320 under the tariff scheme.’
No. 5 Chambers, 1st March 2021
Source: www.no5.com
‘The government has confirmed that legislation paving the way for whiplash reforms will come into force from 31 May. Newly-published draft statutory instruments have also finally indicated the tariff levels at which damages will be set for soft tissue injuries suffered in road traffic accidents.’
Law Society's Gazette, 26th February 2021
Source: www.lawgazette.co.uk
‘As Foxton J observed in Integral Petroleum SA v Petrogat FZE [2020] EWHC 558 (Comm) at [26], applications for committal for contempt of court have become an increasingly common feature of High Court litigation, particularly in the Business and Property Courts.’
Guildhall Chambers, 12th February 2021
Source: www.guildhallchambers.co.uk
‘The Civil Procedure Rule Committee has approved new Practice Direction PD57AC which seeks to promote and enforce best practice on the preparation of witness statements.’
Courts and Tribunals Judiciary, 18th February 2021
Source: www.judiciary.gov.uk
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