APPLYING TO SET ASIDE WITHOUT NOTICE ORDERS: BE QUICK: BE VERY QUICK

This post looks at the power the courts have to make costs orders when making an order of its own motion or without notice to one party.  A party attempting to challenge or vary such an order must act promptly….

SERVICE OF A COPY CLAIM FORM IS NOT GOOD SERVICE: HOW COULD THIS BENEFIT A CLAIMANT?

This post looks at the unusual case of  Hills Construction –v- Struth [2013] EWHC 1693 (TCC) which considered issues relating to service of the claim form and extensions of time for service of the Particulars of Claim.   The facts…

FAILURE TO COMPLY WITH CPR: CAN BITE DEFENDANTS TOO!

This post looks at the decision in Dass –v- Dass where the defendant was refused permission to rely upon medical experts because they had not been served in accordance with court directions.  Many of the recent cases in relation to…

NEW FORM H FROM 1st OCTOBER 2013

One important change introduced from the 1st October is a slightly revised Form H.   A copy  of the new Form H can be found here http://www.justice.gov.uk/courts/procedure-rules/civil/pdf/preview/precedent-h.pdf The explanation of the Practice Direction amendments is at http://www.justice.gov.uk/courts/procedure-rules/civil/pdf/update/update-66-pd-making-document.pdf   A useful summary of…

AMENDMENTS TO THE CIVIL PROCEDURE RULES: EASY ACCESS TO CHANGES AND UPDATED RULES

There have been seven amendments to the Civil Procedure Rules so far this year. In an attempt to give easy access to the amendments They are http://www.legislation.gov.uk/uksi/2013/262/contents/made http://www.legislation.gov.uk/uksi/2013/515/contents/made http://www.legislation.gov.uk/uksi/2013/789/contents/made http://www.legislation.gov.uk/uksi/2013/1412/contents/made http://www.legislation.gov.uk/uksi/2013/1412/contents/made http://www.legislation.gov.uk/uksi/2013/1695/contents/made http://www.legislation.gov.uk/uksi/2013/1974/contents/made   If you want to see the…

RELIEF FROM SANCTIONS: THE KEY DATE FOR IMPLEMENTATION OF THE NEW CPR 3.9

This post deals with misunderstandings that appear to be in place as to which cases the new CPR 3.9 provisions on relief from sanctions apply to. In particular whether the key date is the date of issue of proceedings or…

AMENDMENTS TO THE CIVIL PROCEDURE RULES COMING INTO FORCE IN OCTOBER 2013

This post looks at the changes to the Civil Procedure Rules introduced by The Civil Procedure Rules (Amendment No 7) Rules 2013.   These rules come into force on 1st October 2013.   The main provisions are that:   A…

LIMITATION: WHAT'S THE POSITION WHEN THE DEFENDANTS WON'T TELL YOU WHO THEY ARE?

This post looks at the issue raised in Parkin –v- Alba Proteins Ltd where a party  failed to disclose the identity/ existence of additional defendants prior to the issue of proceedings. In Parkin –v- Alba Proteins Ltd [2013] EWHC 2036…

PREPARATION FOR CASE MANAGEMENT HEARINGS: GUIDANCE FROM BIRMINGHAM MERCANTILE COURT

The Birmingham Mercantile Court has produced a standard form to be used in Case Management hearings.  Although some of the provisions are specific to Mercantile Court procedure many of the matters contained in the form, and accompanying list, are of…

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…

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…