Nightmare Neighbours – What Actions Can Be Taken Against Them? – Becket Chambers

‘Some of us are unfortunate enough to encounter nightmare neighbours who negatively impact our day-to-day life to varying degrees. This article seeks to explore the options available to clients who need to take further steps to resolve their neighbour disputes.’

Full Story

Becket Chambers, 5th January 2021

Source: becket-chambers.co.uk

Union takes legal action over Boris Johnson’s decision to clear Priti Patel of bullying – The Independent

‘Boris Johnson is facing legal action over his decision to clear Priti Patel of bullying staff at the Home Office and other departments.’

Full Story

The Independent, 10th December 2020

Source: www.independent.co.uk

Civil Justice Council launches review of Pre-action Protocols – Local Government Lawyer

Posted October 28th, 2020 in civil justice, dispute resolution, local government, news, pre-action conduct by sally

‘The Civil Justice Council has launched a review of Pre-action Protocols (PAPs) that will look at all aspects of PAPs including their purpose, whether they are working effectively in practice and what reforms, if any, are required.’

Full Story

Local Government Lawyer, 28th October 2020

Source: www.localgovernmentlawyer.co.uk

Law Society sets out priority areas for reform that would see less need for judicial review challenges – Local Government Lawyer

‘The Law Society has called for four reforms which it says would reduce the need for citizens to resort to judicial review, in its submission to the Independent Review of Administrative Law (IRAL).’

Full Story

Local Government Lawyer, 26th October 2020

Source: www.localgovernmentlawyer.co.uk

Mystery directions – Nearly Legal

‘In the evening of Friday 17 July, The Civil Procedure (Amendment No. 4) (Coronavirus) Rules 2020 appeared, having apparently been laid earlier that day. These will come into force on 23 August 2020.’

Full Story

Nearly Legal, 18th July 2020

Source: nearlylegal.co.uk

‘Breathing space’: the impact of a more consensual approach – 3 Hare Court

‘On 27 April 2020 the British Institute of International and Comparative Law (BIICL) published Breathing Space – a Concept Note on the effect of the pandemic on commercial contracts. The central thesis is that to mitigate the damaging effects of COVID-19 on the global economy, private law should encourage compromise and mediation rather than a zero-sum rush to terminate contracts and then to litigation and arbitration.

Full Story

3 Hare Court, 29th June 2020

Source: www.3harecourt.com

Commercial Court dislikes pre-action disclosure in prof neg claims: even in mega-auditor’s negligence action – Hailsham Chambers

‘In Carillion v KPMG, the liquidators of this once substantial company sought pre-action disclosure from its former auditors. They intend to bring professional negligence proceedings for not detecting that the financial statements were unreliable. The Commercial Court refused the application. One might think that given auditors’ negligence claims in large part turn on professional judgment as to the audit procedures performed, the evidence obtained and the conclusions drawn, clear sight of the materials produced and relied on by the auditors would enable better focussed pleadings. Nonetheless the Commercial Court refused the application (which had admittedly spun into a substantial hearing with apparently more than £500,000 costs on each side). It pointed out that generally such applications were unlikely to succeed in Commercial Court cases and on the facts was not appropriate. The Judge seems to have been most impressed by the fact that Carillion had been able to articulate a detailed case in negligence already, rendering pre-action disclosure perhaps redundant and likely to be duplicated when it came to conventional disclosure.’

Full Story

Hailsham Chambers, June 2020

Source: www.hailshamchambers.com

UK airlines launch legal battle over Covid-19 quarantine ruling – The Guardian

‘Britain’s three biggest airlines have started legal proceedings against the government in a bid to overturn quarantine rules due to take effect in the UK from Monday.’

Full Story

The Guardian, 7th June 2020

Source: www.theguardian.com

If ministers fail to reveal 2016 flu study they ‘will face court’ – The Guardian

‘The government faces being taken to court if it refuses to disclose the findings of an exercise confirming the UK could not cope with a flu pandemic.’

Full Story

The Guardian, 26th April 2020

Source: www.theguardian.com

Warning over fall-out from witness statement crackdown – Litigation Futures

‘A judicial crackdown on overlong witness statements puts lawyers at risk of wasted costs orders and professional negligence claims, a barrister has warned.’

Full Story

Litigation Futures, 9th April 2020

Source: www.litigationfutures.com

Government changes how outdoor exercise guidance applies to people with specific health needs – Local Government Lawyer

‘The Government has changed its leaving home guidance to permit people with specific health needs to exercise outside more than once a day and to travel to do so where necessary, following the threat of a judicial review challenge.’

Full Story

Local Government Lawyer, 14th April 2020

Source: www.localgovernmentlawyer.co.uk

Revised pre-action protocols – St Ives Chambers

Posted February 17th, 2020 in chambers articles, housing, landlord & tenant, news, pre-action conduct, repairs by sally

‘Two important protocols have been revised that apply to social housing providers with effect from 13 January 2020.’

Full Story

St Ives Chambers, 4th February 2020

Source: www.stiveschambers.co.uk

Contempt and pre-action conduct – Law Society’s Gazette

‘In the landmark decision in Jet2 Holidays Limited v Hughes & Hughes [2019] EWCA Civ 1858, the Court of Appeal (Sir Terence Etherton MR, Hamblen and Flaux LJJ) confirmed that the High Court has jurisdiction to commit for contempt of court in respect of false witness statements made under a pre-action protocol (PAP) even though proceedings were never issued.’

Full Story

Law Society's Gazette, 13th January 2020

Source: www.lawgazette.co.uk

Fixed Costs in Civil Proceedings – Becket Chambers

Posted January 9th, 2020 in civil procedure rules, costs, news, pre-action conduct, small claims by sally

‘The Civil Procedure Rules (CPR) provide for fixed costs in certain elements of civil proceedings, including Small Claims, Fast Track hearings, ‘Stage 3’ hearings and possession claims. This means that any costs applied for that are not those within the fixed costs regimes are unlikely to be awarded by the Court, unless certain factors apply.’

Full Story

Becket Chambers, 3rd January 2020

Source: becket-chambers.co.uk

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

Local Government Lawyer, 9th October 2019

Source: www.localgovernmentlawyer.co.uk