RELIEF FROM SANCTIONS: A CASE WHERE RELIEF WAS REFUSED

This post discusses a recent case where the Court refused relief from sanctions.   In Thavattheva Theveraraja and Southern Territory Ltd –v- Riordan, Burke and Prestige Property Developer UK Ltd (Ch D 09/08/2013) Hildyard J refused relief from sanctions when…

LITIGATORS:WANT TO WORK FOR NOTHING? THEN DON'T FILE YOUR COSTS BUDGET ON TIME

This post deals with the extremely draconian penalty imposed on a litigant who fails to file a costs budget on time. THE RULES CPR 3.13 and 14 deals with the duty to exchange costs budgeting.     Filing and exchanging…

GUIDES AND LINKS TO APPEALING TO THE COURT OF APPEAL

This post provides useful links to guidance, forms, rules and practice directions dealing with appeals to the Court of Appeal   The Guide to Chancery Applications was a popular post.   There is clearly a market for clearly written guidance to…

GUIDE TO INTERIM APPLICATIONS IN THE CHANCERY DIVISION

The Judiciary in England and Wales  have produced a guide to Interim Applications in the Chancery Division.   This is designed for litigants in person.  However it will be useful to all those who do not normally practice in the…

AVIATION AND THE REALLY VICIOUS LIMITATION PERIOD : AVOIDING NEGLIGENCE 3

AVIATION AND THE REALLY VICIOUS LIMITATION PERIOD : AVOIDING NEGLIGENCE 3

AVIATION AND LIMITATION The purpose of this post is to make you feel really uncomfortable when you are involved with a case that involves aviation, in any way shape or form. Including when your client is injured in an airport….

PART 36: A NEAR MISS IS NOT ENOUGH

  A  recent case emphasises that a “near miss”  with a Part 36 offer is not relevant to the court’s assessment of costs after a trial.   There was, for a time, a developing jurisprudence around “near miss” offers and…

CHANGES TO PRACTICE AND PROCEDURE IN THE CORONERS COURTS

I have set out a summary of the changes to the Coroners Court Rules at http://fatalaccidentlaw.wordpress.com/2013/07/25/changes-to-coroners-rules-where-to-find-the-law-useful-links-and-a-summary/ That post also links through to all the relevant legislation and the new rules (which came into force last Thursday).

RELIEF FROM SANCTIONS: A CASE IN WHICH RELIEF WAS GRANTED. WYCHE -v- CAREFORCE GROUP LTD

Every case in relation to relief from sanctions is being examined carefully after 1st April. The case of IAN ALAN WYCHE v CAREFORCE GROUP PLC (2013)QBD (Comm) 25/07/2013  is going to be of interest. The case is not yet fully reported…

SERVING WITNESS STATEMENTS LATE: AN EXTREMELY DANGEROUS PRACTICE

The recent decision in Fons HF –v- Corporal Ltd & Pillar Securitisation [2013] EWHC 1278 (Ch) provides an object lesson on the difficulties that can arise when both parties fail to file witness statements in accordance with directions.  The facts…

65th amendment to the Civil Procedure Rules

The new rules extending the personal injury portal to £25,000; extending fixed costs and dealing with Part 36 offers are now available at  http://www.justice.gov.uk/courts/procedure-rules/civil

CIVIL EVIDENCE AND WITNESS STATEMENTS

I have written two articles on witness statements and civil evidence for  Local Government Lawyer One on the inferences a court can draw when a litigant elects to call no evidence on an issue http://www.localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=13497%3Asilence-is-not-necessarily-golden&catid=190%3Aregulatory-articles&Itemid=29 The other on the use…

LITIGANTS IN PERSON: THE LAWYER’S DUTY AND WITNESS STATEMENTS

  The Judiciary Working Group on Litigants in Person has been published and is available at http://www.judiciary.gov.uk/Resources/JCO/Documents/Reports/lip_2013.pdf It is worth reading for anyone involved in cases where litigants in person are involved. These always involve additional challenges. The lawyer’s duties…

AVOIDING NEGLIGENCE 2 :  NOT EVERY PERSONAL INJURY LIMITATION PERIOD IS THREE YEARS.

AVOIDING NEGLIGENCE 2 : NOT EVERY PERSONAL INJURY LIMITATION PERIOD IS THREE YEARS.

“THOSE LIMITATION PERIODS THAT CAN BITE YOU IN THE BOTTOM” It can come to a shock to some litigators that not every action has a three year limitation period. Some have a two year period and some less than that.  …

AVOIDING NEGLIGENCE 1 : THE THREE YEAR LIMITATION PERIOD: HOW DOES ANYONE MISS IT?

AVOIDING NEGLIGENCE 1 : THE THREE YEAR LIMITATION PERIOD: HOW DOES ANYONE MISS IT?

How does anyone miss a three year limitation period?  The basic answer is usually some kind of maladministration.  Often a failure of the diary system.  Someone has inserted the wrong month, occasionally the wrong year. Sometimes there is no diary…

AVOIDING NEGLIGENCE : A LAWYER'S GUIDE

I am writing a series of posts on the topic of “how not to get sued”.  This is mainly aimed at personal injury practitioners, however many of the posts relate to procedure and will be of more general interest. There…

Implementation of Part 2 of the the Justice and Security Act 2013 into the CPR

The Civil Procedure (amendment No 5) Rules 2013 

New Court Fees after the 1st July 2013

The Civil Proceedings Fees (Amendment No. 2 ) Order 2013

SERVICE, FAULTS AND …. THE MATCH IS OVER

SERVICE, FAULTS AND …. THE MATCH IS OVER

As Wimbledon is underway it is worth reminding ourselves that even apparently minor faults in service can be fatal to an action.  This is illustrated by the decision in Venulum Property Investments Ltd –v- Space Architecture Ltd &  9 others …