‘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
‘The Supreme Court has given judgment in a high-profile appeal which raises important issues regarding the proper approach to jurisdictional challenges and the potential liability of parent companies in respect of damage caused by their subsidiaries.’
Blackstone Chambers, 12th February 2021
Source: www.blackstonechambers.com
‘Lawyers and litigants awoke this morning to the wholesale move of procedure rules to a government website described by one as “unusable”.’
Law Society's Gazette, 17th February 2021
Source: www.lawgazette.co.uk
‘Royal Dutch Shell Plc (‘RDS’) is the parent company of the Shell group of companies, incorporated in the UK. The Shell Petroleum Company of Nigeria Limited (‘SPDC’, the other Respondent) is an exploration and production company incorporated in Nigeria and is a subsidiary of RDS.’
UKSC Blog, 12th February 2021
Source: ukscblog.com
‘The High Court has sounded a new warning about “Micawber tactics” in a summary judgment in the high-profile action brought by the Duchess of Sussex (Meghan Markle) against the Mail newspaper. Lord Justice Warby, sitting as a judge in the Chancery Division, found that the duchess had a reasonable expectation of privacy when she wrote a personal letter to her father, even though she feared it might be leaked to the press.’
Law Society's Gazette, 12th February 2021
Source: www.lawgazette.co.uk
‘The fee to bring an unlimited additional claim should be £10,000, rather than the £55 the court office had advised one of the parties in bitter litigation involving two law firms, a judge has ruled.’
Litigation Futures, 10th February 2021
Source: www.litigationfutures.com
‘Legislation to give litigators certainty about the issue of Part 36 offers and interest is to be introduced this spring, the government has announced. The rule change, effective from 6 April, is one of a raft of amendments to the civil procedure rules published yesterday as statutory instruments.’
Law Society's Gazette, 2nd February 2021
Source: www.lawgazette.co.uk
‘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.’
Litigation Futures, February 2021
Source: www.litigationfutures.com
‘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.’
Local Government Lawyer, 13th January 2021
Source: www.localgovernmentlawyer.co.uk
‘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.’
Hardwicke Chambers, 8th January 2021
Source: hardwicke.co.uk
‘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.’
Becket Chambers, 3rd December 2020
Source: becket-chambers.co.uk
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