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 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….

  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

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…

  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.

“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?

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…

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…

The Civil Procedure (amendment No 5) Rules 2013 

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