Amy Rumble discusses the Court of Appeal’s recent interpretation of the Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims – Parklane Plowden Chambers

Posted November 28th, 2019 in news, personal injuries, pre-action conduct, small claims by sally

‘The Judgment in Wickes Building Supplies Ltd v William Gerarde Blair [2019] EWCA CIV 1934 focused on the procedure to be followed if a claimant seeks to rely on evidence served out of time when following the stage 3 procedure.’

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Parklane Plowden Chambers, 21st November 2019

Source: www.parklaneplowden.co.uk

The Importance of Pre-Action Decisions in Employee Competition Litigation – Littleton Chambers

‘Employee competition litigation typically starts with the discovery of some perceived threat to a business: perhaps the theft or removal of confidential documentation or information; the co-ordinated departure of key employees; or evidence of breaches of post termination covenants. Decisions have to be taken, often under time pressure, about how best to respond to that threat: is a without notice application justified? Is pre-action correspondence appropriate, and if so in what terms? What if any undertakings should be sought? These critical early decisions can have a significant impact on the future conduct of any litigation, including issues of costs and interim relief.’

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Littleton Chambers, 21st November 2019

Source: www.littletonchambers.com

Late evidence does not mean automatic protocol exit – Litigation Futures

Posted November 15th, 2019 in appeals, civil procedure rules, costs, damages, employment, evidence, news, pre-action conduct by tracey

‘A circuit judge was wrong to find that an employer’s liability claim automatically exited the pre-action protocol because the defendent challenged the late service of evidence at the stage 3 hearing, the Court of Appeal has ruled.’

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Litigation Futures, 14th November 2019

Source: www.litigationfutures.com

Appeal court allows contempt proceedings based on pre-action witness statements – Law Society’s Gazette

‘The Court of Appeal has allowed a holiday company to bring contempt proceedings against two holiday-makers based on statements made before proceedings were even issued.’

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Law Society's Gazette, 14th November 2019

Source: www.lawgazette.co.uk

PAP witness statements “can be grounds for contempt” – Litigation Futures

Posted November 12th, 2019 in civil procedure rules, contempt of court, news, pre-action conduct, witnesses by sally

‘A witness statement verified by a statement of truth made by a prospective claimant before the commencement of proceedings can give rise to contempt, the Court of Appeal has ruled.’

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Litigation Futures, 11th November 2019

Source: www.litigationfutures.com

Cafcass backs renewed focus on pre-proceedings work in public law children cases – but rejects direct role – Local Government Lawyer

‘Cafcass has said it supports a renewed focus on pre-proceedings work and managing risk in public law children cases, with more emphasis on gaining and recording the wishes and feelings of children at that stage.’

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Local Government Lawyer, 9th October 2019

Source: www.localgovernmentlawyer.co.uk

Withdrawal of Pre-Action Admissions – Judges Should Resist the Temptation to Conduct a Mini-Trial – Zenith PI Blog

Posted August 22nd, 2019 in local government, news, personal injuries, pre-action conduct by sally

‘The defendant local authority appealed against a master’s refusal of permission to withdraw a pre-action admission made by its insurer.’

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Zenith PI Blog, 21st August 2019

Source: zenithpi.wordpress.com

Parents launch legal action to stop Catholic school academy plan – The Guardian

‘Parents at a Catholic primary school have launched legal action in an attempt to halt academisation after the local bishop said he wanted all Catholic schools in the diocese to convert and join a multi-academy trust (Mat).’

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The Guardian, 9th July 2019

Source: www.theguardian.com

Fixed fees can apply to claim which settled for £42k, court rules – Law Society’s Gazette

‘The courts have made clear they will be prepared to apply fixed costs to cases which have long since breached the £25,000 limit. Two judgments that have emerged over the past week show examples of judges considering fixed recoverable costs where the personal injury claims had exited the pre-action protocol.’

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Law Society's Gazette, 24th April 2019

Source: www.lawgazette.co.uk

Appeal refused over claimant who issued just to recover costs – Litigation Futures

Posted January 10th, 2019 in appeals, costs, news, part 36 offers, pre-action conduct by sally

‘The Court of Appeal has refused permission to appeal a High Court decision that found a claimant was entitled to issue his claim solely in pursuit of costs.’

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Litigation Futures, 9th January 2019

Source: www.litigationfutures.com

Judge criticises City solicitor for giving witness statement to journalist – Litigation Futures

‘A High Court judge has strongly criticised a City partner who gave a journalist a copy of a witness statement made in support of an application for pre-action disclosure.’

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Litigation Futures, 13th November 2018

Source: www.litigationfutures.com

Stayin’ Alive – Claim Form Success For Claimant In The Court Of Appeal – Zenith PI

‘In Grant v Dawn Meats (UK) [2018] EWCA Civ 2212, the Court of Appeal held that an order staying the matter also stayed the Claimant’s obligation to serve the claim form.
That being the case, the Claimant was not out of time for serving the claim form when he did so within the four month period following the expiry of the stay.’

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Zenith PI, 22nd October 2018

Source: zenithpi.wordpress.com

Impecunious credit hire claimants ordered to provide pre-action disclosure – Litigation Futures

‘Impecunious road traffic accident claimants who benefit from the rule allowing them to claim full credit hire costs must provide pre-action disclosure of financial records, a circuit judge has ruled.’

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Litigation Futures, 22nd October 2018

Source: www.litigationfutures.com

High Court: Judge has no power to order solicitor to hand over client file – Litigation Futures

‘Judges do not have power to order a solicitor to give a former client copies of documents which are the property of the solicitor, the High Court has ruled.’

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Litigation Futures, 1st October 2018

Source: www.litigationfutures.com

Fixed costs only where pre-action protocol not followed – Zenith PI

‘An unreasonable failure to follow the Pre-Action Protocol for Low Value Personal Injury.’

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Zenith PI, 1st May 2018

Source: zenithpi.wordpress.com

Costs challenge: judge blocks historic files disclosure – Law Society’s Gazette

Posted March 29th, 2018 in costs, disclosure, documents, law firms, news, pre-action conduct by tracey

‘A judge has refused to hand over historic case documents to a former client claiming to be overcharged by a law firm in the latest blow to costs recovery claims.’

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Law Society's Gazette, 28th March 2018

Source: www.lawgazette.co.uk

Pre-action disclosure of insurance policies – Law Society’s Gazette

‘Peel Port Shareholder Finance Company Ltd v Dornoch Ltd [2017] EWHC 876 (TCC) serves as a reminder of the court’s approach to the rules on pre-action disclosure and the Third Parties (Rights against Insurers) Act 2010 (the 2010 act).’

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Law Society's Gazette, 8th January 2018

Source: www.lawgazette.co.uk

Solicitors, Statements of Truth and CNFS: Liverpool Victoria Insurance Company Limited v Yavuz and Otheres [2017] EWHC 3088 QB – Zenith PI Blog

‘In Liverpool Victoria Insurance Company Ltd v Yavuz and others, Warby J found that the parties to a crash-for-cash conspiracy were guilty of contempt of court.’

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Zenith PI Blog, 12th December 2017

Source: zenithpi.wordpress.com

Returning to the new Pre-Action Protocol for Construction and Engineering Disputes – Hardwicke Chambers

Posted November 24th, 2017 in construction industry, news, pre-action conduct by sally

‘Construction analysis: One year after the second edition of the Pre-Action Protocol for Construction and Engineering Disputes (the Protocol) came into force, David Pliener looks at how it has been used in practice. He notes that while it has generally been well-received, the Protocol’s full impact has not been felt yet, and there are still areas where uptake has been slow. Nevertheless, over the past year, indications point to the overall success of the new regime.’

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Hardwicke Chambers, 3rd November 2017

Source: www.hardwicke.co.uk

Pre-Action Protocol for Debt Claims – Part II – 4 KBW

Posted October 4th, 2017 in civil procedure rules, debts, news, pre-action conduct by sally

‘On 1st October 2017, the Pre-Action Protocol for Debt Claims, (the “Protocol”) is to come into force. This raises the question: what is a ‘debt’? For this Protocol, the only ‘guidance’ provided is on the Information Sheet (Annex 1), “you have received this [notice] because a business believes that you owe it money”. None of the draft or consultation papers provide further guidance or seek to define the term ‘debt’ under English law.’

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4 KBW, 22nd September 2017

Source: www.4kbw.net