‘The Civil Justice Council has published its final report on Pre-Action Protocols. Jim Byard summarises the main recommendations and discuss the implications for practitioners.’
Local Government Lawyer, 29th September 2023
Source: www.localgovernmentlawyer.co.uk
‘The Civil Justice Council (CJC) has made only minor changes to proposals for radical reform of pre-action protocols (PAPs) in the first part of a final report on the issue.’
Legal Futures, 23rd August 2023
Source: www.legalfutures.co.uk
‘A High Court judge has expressed her “dismay” that there was no pre-trial review in a case that was discontinued on day four of a trial that had been listed several months earlier.’
Legal Futures, 18th April 2023
Source: www.legalfutures.co.uk
‘This case concerned a clinical negligence claim arising out of the death of Dr Oluyinka O Somoye. In short Dr Somoye attended the Defendant’s hospital for a myomectomy on 28/02/18 and was discharged by the treating doctors on 03/03/18. On 07/03/18 Dr Somoye returned to hospital with severe abdominal pain. She subsequently vomited faeces, collapsed, and suffered a fatal cardiac arrest.’
Parklane Plowden Chambers, 3rd March 2023
Source: www.parklaneplowden.co.uk
‘The Metropolitan police are facing legal action after they refused to police a major protest by mothers against the cost of childcare in central London, weeks before it was scheduled to take place.’
The Guardian, 30th September 2022
Source: www.theguardian.com
‘The Metropolitan Police is facing legal action if it fails to investigate reports of the Downing Street Christmas party in 2020, according to campaigners.’
The Independent, 19th January 2022
Source: www.independent.co.uk
‘A Covid-vulnerable family has sent a pre-action protocol letter to a council that it says unlawfully told a headteacher to stop allowing their children to stay home during rises in case numbers.’
Local Government Lawyer, 30th November 2021
Source: www.localgovernmentlawyer.co.uk
‘Priti Patel is facing three legal challenges over her controversial plans to push back refugees on small boats in the Channel who are trying to reach the UK.’
The Guardian, 25th November 2021
Source: www.theguardian.com
‘The Court of Appeal has found in favour of claimants with a ruling that the more lucrative costs regime should apply where someone dies before their case concludes.’
Law Society's Gazette, 12th July 2021
Source: www.lawgazette.co.uk
‘Those involved in soft tissue injury cases proceeding under the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (“the RTA Protocol”) may be familiar with paragraph 7.8B of the Protocol.’
No. 5 Chambers, 11th June 2021
Source: www.no5.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
‘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
‘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.’
Becket Chambers, 5th January 2021
Source: becket-chambers.co.uk
‘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.’
Local Government Lawyer, 28th October 2020
Source: www.localgovernmentlawyer.co.uk
‘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).’
Local Government Lawyer, 26th October 2020
Source: www.localgovernmentlawyer.co.uk
‘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.’
Nearly Legal, 18th July 2020
Source: nearlylegal.co.uk
‘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.
3 Hare Court, 29th June 2020
Source: www.3harecourt.com
‘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.’
Hailsham Chambers, June 2020
Source: www.hailshamchambers.com
© Inner Temple Library 2023