I have written an article for the Local Government Lawyer on drafting witness statements dealing with recent cases and guidance on the topic, see What are witness statements for For other articles in the series on drafting witness statements see…

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…

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…

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…

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…

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…

I have posted a short article on a recent case on Section 33 and the Limitation Act 1980 on my blog on Fatal Accident Law at http://fatalaccidentlaw.wordpress.com/2013/08/16/issuing-late-section-33-and-the-fatal-accidents-act-and-law-reform-act-an-example-of-a-claimant-succeeding/

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…

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…

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…

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…

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…

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…

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 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….

  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…

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).

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…

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…

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