The Judiciary have published a Handbook for Litigants in Person. It can be found here.  WHY YOU SHOULD READ IT I suggest every litigator has a look at it. 1.  You should ensure it is sent to every litigant in…

An action can be struck out if a party fails to preserve evidence.    Matthews –v- Collins  is a fatal case where evidence was destroyed by the coroner . The defendant applied to strike out the action as an abuse of…

The decision in Michael –v- Middleton [2013] EWHC 2881 (Ch)   provides another example of the difficulties that arise in making an application for relief from sanctions.  However close examination of the judgment also provides some interesting lessons in conducting litigation and…

The case of Sargespace –v- Eustace had a highly unusual set of facts.  However it raises an interesting question of where the burden of proof lies in an application for summary judgment where a respondent to the application wishes to…

The Senior Courts Costs Office has produced a comprehensive guide to costs. At 182 pages it probably contains all the procedural points you need to know. https://www.dropbox.com/s/65gbezzxz7l2zpk/SCCO%20Guide%20October%202013.pdf

A hearing on the question of whether a party has complied with an unless order is always a fraught one. The stakes are high, particularly for the party alleged to be in breach.  Here we look at compliance in relation…

The link to this post is at http://accidentsatworkaftertheerra.wordpress.com/2013/10/01/the-duty-to-risk-assess-and-common-law-duty-after-1st-october-2013/