CIVIL PROCEDURE, COSTS & SANCTIONS: LINKS TO RECENT ARTICLES AND POST
Links to posts and articles on all aspects of civil procedure. Linking does not indicate approval or agreement but that all discussion on these issues is useful.
RECENT POSTS AND ARTICLES
23rd June 2019
- Herbert Smith Freehills Litigation Notes Court of Appeal confirms no duty on solicitor to warn opponent of error in serving claim form
- Law Society Extending fixed recoverable costs in civil cases – Law Society response
27th May 2019
- The Law Society Gazette “Separate rules for LiPs would be ‘recipe for chaos'”
- The Transparency Project “Privacy and anonymity orders in civil litigation”
- UK Human Rights Blog “Straining the Alphabet Soup: Part 1 — Anonymity orders in Personal Injury proceedings
- Herbert Smith Freehills Litigation Notes Disclosure Pilot: High Court clarifies transitional operation and considers privilege claimshttps://hsfnotes.com/litigation/2019/05/07/disclosure-pilot-high-court-clarifies-transitional-operation-and-considers-privilege-claims/
14th April 2019 (review of guides in relation to costs budgeting)
- A list of the relevant forms is available here
- The form is available here
- The guidance is available here
- Get help paying court and tribunal fees
GUIDANCE FOR PRACTITIONERS
- Divorce Online has a calculator Find out if you are exempt from paying court fees now
- Andrew Hogan considers the issue in his Blog Costs Barrister, noting “The amount of detail required to complete a fee remission application, and the supporting documents is frankly eyewatering, and must be completed on a “per fee” basis, not a per case basis, so potentially requiring multiple applications during the same piece of litigation.”
- Justcosts has detailed guidance in “Court Fee Remissions”
- MoneyClaimsUK sets out the tests in Court and Tribunal Fees – do I have to pay them?
- Kerry Underwood in Court and Tribunal Fees and Help with fees (Remission)
- Advicenow Getting help to pay a court fee in a civil or family case
There is a (now somewhat dated) post on this blog MITIGATING THE IMPACT OF THE COURT FEE INCREASE 2: FEE REMISSION – EVERY LITIGATOR HAS TO KNOW THIS NOW
7th February 2019
- Kerry Underwood Insolvency Round Up
- Lex, Service on a Sovereign State: What, when, how and why?
- Bird & Bird – Contempt of Court Proceedings against foreign defendants in the UK.
- MRN Solicitors – Contracting out of fixed costs.
30th January 2019 (Review of recent posts on costs)
- Association of Costs Lawyers Court can order interim costs in detailed assessment between solicitor and client
- Kerry Underwood – Consent Order trumps fixed costs
- Costs Barrister – Construing Costs Management Orders
- CITMA Poor Conduct Costs Dear
- Out-Law Court costs capped at £80,000 under voluntary pilot in England
- Herbert Smith Freehills Capped Costs Pilot to start 14 Janary for claims up to £250,000
15th November 2018
Lexix Nexis Dispute Resolution November 2018 sees the 101st practice direction update come into force
Herbert Smith Freehills Litigation Notes Court of Appeal confirms appropriate means for challenging judgment allegedly obtained by fraud.
Litigation Futures – LiP sanctioned for revealing ‘without prejudice’ offer in court
29th October 2018
- Andrew Hogan on Part 36 in “Bending the Rules”
- Charles Bagot QC on Service of Proceedings & abuse of process in civil proceedings (Sajid -v- Nuur)
- Gwendoline Davies & Claire Acklam Court Guidance on Proportionality in litigation costs
7th September 2018
- The Law Society Gazette MoJ Runs Out of Money to Develop Debt Collection Upgrade
- Lexology High Court Orders Indemnity Costs Following Discontinuance of Proceedings Alleging Serious Fraud
- Lexis Nexis Dispute Resolution Practice Direction Changes—September and October 2018 and January 2019
- Kerry Underwood Is A Matter In The Portal a Claim?
- Legal Futures PI Small Claims Limit Below £5,000 “would see lawyers play system
- The Law Society Law Society Intervention on Privilege Successful
3rd September 2018
- Legal Futures Supreme Court “may change approach” to ‘lost litigation’ Claims
- The Law Society Gazette DBA Regulations ‘not fit for purpose’ – Bar
- Legal Futures Public Happy to Settle PI Claims Online Without Lawyers
31st August 2018
- Kerry Underwood Fixed Costs in Split Trial Cases
- The Law Society Gazette PI Referral Fee Ban Not Working, MoJ Told
- Litigation Futures Judge Wrong to Jail Unrepresented Woman for Contempt
- Herbert Smith Freehills No Duty on Solicitor to Inform Opponent of Error in Service
- Litigation Futures Tribunals Must ‘proceed with care’ Over Wasted Costs Orders Where Privilege is Not Waived
- Norton Rose Fubright Self-reporting Bribery: the Ongoing Dilemma
23rd August 2018
- The Law Society Gazette Costs Blow for Tardy Defendant with ‘worse than hopeless’ Case
- Lexis Nexis Dispute Resolution Litigation Funding and Costs: Ministry of Justice survey
- DAC Beachcroft Supreme Court Averts Feared Paralysis of Civil Litigation
15th July 2018
- The New Law Journal Disclosure Reforms Ready to Go
- Hogan Lovells New Disclosure Rules: Evolution or Revolution?
- Kennedys English court reform and the disclosure pilot scheme in the Business and Property Courts
- Blocks Dishonesty and Part 36
- Herbert Smith Freehills Damages Based Agreements : A Chance to make them work
13th June 2018
- DAC Beachcroft Hogg -v- Newton: The Importance of Insurers and Solicitors Complying With Part 36 of the Civil Procedure Rules
- Litigation Futures Court of Appeal overturns ruling based on bad advice from counsel
- Electronic immigation network The Expert’s Role
- Lexology Enforcement of Foreign Judgments in the United Kingdom
- Nalders High Court Grants Service of an Injunction by Text Message
16th May 2018
- ACL Defendant’s Error Means Claimant Who Discontinued During Trial Will Not Pay All the Costs
- Plexus Fixed Costs on Holiday Claims
- Dominic Regan on Part 36 Playing by the Rules
- Andrew Hogan on the Gavin Edmondson case in I Fought the Law
- Kerry Underwood Reasons to Depart from Budget: A high threshold
- Kerry Underwood Indemnity Costs.
- Jasmine Murphy You Can’t Always Get What You Want – Opposing Applications for Interim Payments.
- Aneurin Moloney Recovering the costs of Attending Inquests
- Helena Drage Company Voluntary Arrangements and PI Proceedings: What’s the Position?
1st May 2018
The fixed costs and portal case of Williams -v- The Secretary of State for Business, Energy & Industrial Strategy.
- Zenith Chambers PI Blog: Fixed Costs Only Where Pre-action Protocol Not Followed.
- Law Society Gazette Appeal Court Rules Fixed Costs Apply to Claim Outside Protocol
- Ropewalk Chambers Williams -v- The Secretary of State for Business, Energy and Industrial Strategy
- MRN solicitors CPR 44 Has Sufficient Width to Enable a Court to Order Fixed Portal Costs When There is Unreasonable Failure to Use Protocol
- BC Legal Costs Consequences of Failing to Follow PAP: Williams v The Secretary of State for Business, Energy & Industrial Strategy  EWCA Civ 852
9th April 2018
(The new Electronic Bill of Costs)
- MRN solicitors have a 15 minute webinar.
The webinar can be found at https://vimeo.com/album/5027436 .
Once you’ve followed the link, enter this access code:
- John Hayes Precedent S and the New Electronic Bill of Costs
- Victoria Square Chambers The New Electronic Bill of Costs
- GWS Electronic Bill of Costs (worth reading the comments section here as well)
- Rachel Rothwell in the Law Society Gazette Making up the Hours.
- Practical Law Resolution Blog The Electronic Bill: Counting Down to 6 April 2018 (by retired Costs Judge Colin Campbell).
- Clarion have a list of Frequently Asked Questions
7th March 2018
- Zenith Chambers blog, Peter Yates on Res Ipsa Loquitur and Joint Statements.
- Shoosmiths Security for Costs: a Claimant’s Weapon.
2nd March 2018
- Litigation Futures Supreme Court Urges Rule Committee to Clarify Status of Law Firm LLP Acting for Itself
19th February 2018
Practical Law Dispute Resolution Blog Interest and Part 36 Offers: is Potter Right?
13th February 2018
- DJM Solicitors New Pre-Action Protocol for Debt Claims
- Practical Law Freezing Orders – a Quick Guide
25th January 2018
- Dominic Regan The Year Ahead in Litigation
22nd January 2018
(Sinfield – fundamental dishonesty)
- Litigation Futures High Court on ‘Fundamental Dishonesty’ – It Must Have a “Substantial Affect” on Case
- Law Society Gazette High Court Provides Guidance on Fundamental Dishonesty
- Kennedys High Court Rules on Section 57 Fundamental Dishonesty: Dishonesty Can Contaminate the Entire Claim
- Temple Garden Chambers High Court Judge Rules on Section 57 Fundamental Dishonesty
14th January 2018
(Brian May Proportionality case).
- Litigation Futures rhapsodises on the claimant’s successful appeal on the issue of proportionality It’s a Hard Life For Under Pressure Costs Judges After Proportionality Ruling Bites the Dust
- Association of Costs Lawyers reports and holds back from all musical puns in Proportionality Test “not a blunt instrument” to Slash Costs, says Judge in May Appeal
31st December 2017 (Reviews of 2017)
- Herbert Smith Freehills A Litigator’s Yearbook: 2017
- Kluwer Arbitration Blog 2017 Year-in-Review
- EU Law Blog Top 10 of 2017 … EU Law
- Law & Religion Law and religion round-up 31st December
- Young Bar Chair looks back at 2017
- APIL Blog 2017 in Review
27th November 2017
- Stewarts Are you being served? Civil Procedure Rules – Service of a Claim Form
- Out-Law Fraud may justify “collateral use” of documents in multiple sets of civil proceedings.
- Kerry Underwood: Part 36 and late acceptance: super ominshambles
- The Law Society Gazette Open justice drive could force parties to cc other side in emails
14th November 2017
- Kerry Underwood Proportionality and additional liabilities
- Kerry Underwood Part 36 and late acceptance: super omnishambles
- BLM Red blog – Jackson 2.0 – The Next Big Thing
- The barrister Re-writing the rules on disclosure for civil litigation: proposed pilot scheme announced
- Aestima Emails, Snail mail and the courts
- Litigation Futures Judiciary signals major culture and rule change to control disclosure
24th October 2017
- Kerry Underwood Automatic strike-out, costs and small claims.
- Andrew Hogan A new model for group litigation
- Law Society Gazette New bill of costs to be compulsory from October 2017
- ILO The perils of using disclosed documents for a collateral purpose
- Wright Hassall Service of the Claim Form and the Risk of Professional Negligence
- R Costings Protected Party Clients: Recovering a Success Fee
- Pinsent Mason’s Advice Note on Part 36 ‘Offers to Settle’ (Court proceedings in England and Wales)
20th October 2017
- Penningtons – Costs Crusade – the Impact of Lord Jackson’s Proposals on Fixed Recoverable Costs for Commercial Litigation.
1st October 2017
(Commencement date of the new Pre-Action Protocol for Debt claims, all links here relate to the new Protocol).
- Coventry View – And Another Thing
- Coventry View Pay Up or I’ll…Wait For It!
- Hill Dickinson – New Pre-Action Protocol for debt claims.
- LPC Law Pre-Action Protocol for Debt Claims.
- Farrer & Co New Pre-Action Protocol for Debt Claims.
- Optima – Details of the Pre Action Protocol for Debt Claims confirmed
- TLT – New protocol for debt claims from 1 October 2017
- Practical Law Resolution Blog – New Pre-Action Protocol for Debt Claims
- Lester Aldridge – The Pre-Action Protocol for Debt Claims
- Browne Jacobson – Pre-Action Protocol for Debt Claims – a debtor’s charter for delay?
- The Credit Protection Association –A new Pre-Action Protocol for Debt Claims
- Allsquare – Debt Claims and Pre-Action Protocol – will you be affected?
- Kingsley Napley Pre-Action Protocol for Debt Claims comes into force on 1 October 2017
- Brethertons The Pre-Action Protocol for debt claims
- Law Society Civil Litigation Section – All change: New pre-action protocol for debt claims
- Hopson Solicitors – Pre-Action Protocol for Debt Claims comes into force on 1 October
- Gough Square Chambers – Debt Pre-Action Protocol Finalised
24th September 2017
- Herbert Smith Freehills blog – Court of Appeal upholds injunction to prevent use of privileged information obtained in breach of confidence.
- Kerry Underwood – The new intermediate track: scope and procedure
- Landmark Chambers Aarus costs rule challenge
- Andrew Hogan – Loathsome Reptiles
- Litigation Futures – Jackson: Most of the problems behind excessive costs are “sorted” or improving.
19th September 2017
- mrn solicitors – Relief from Sanctions in 2017: An Overview
15th September 2017
- Andrew Hogan on Non party cost and credit hire.
- Litigation Futures – Litigant in Person who walked out of assessment hearing ordered to pay £83,000 costs.
- Lexology – Settlement offers under Part 36 of the Civil Procedure Rules.
- Lexis Nexis Dispute Resolution – October 2017 CPR updates.
- In brief – Interim Payments in Civil Proceedings
- Fosters solicitors – Changes to debt claims from the 1st October 2017
- ICSA – Contempt: The perils of legal discovery
- PI Brief Update – Filing by Email or fax
- Kerry Underwood’s Case Roundup
28th August 2017
- Litigation Futures – High Court approves increase to defendants’ £1.8m costs budget.
- Litigation Futures – Defendants granted relief from sanctions after solicitors’ IT problems lead to late costs budget.
- In Brief – Interim Payments in Civil Proceedings
- Kerry Underwood – QOCS and mixed claims
- Kerry Underwood – Qualified one-way costs protection – can you switch CFA’s to get protection?
6th August 2017
(Commentary on Jackson report on Fixed Costs)
- The report and appendices are available here
- Statement from the Lord Chief Justice and the Master of the Rolls: Review of Fixed Recoverable Costs – Publication of Report
- Kerry Underwood has a useful summary: Fixed Costs Report Overview
- BLM have a Podcast Civil Litigation Costs Review: Jackson LJ’s latest recommendations for fixed recoverable costs
- Kerry Underwood Fixed Costs and the Bar: Post 2
- Keoghs insight on Fixed Costs
- Kennedys Jackson report: a new court track and a new world of fixed fees for claims up to £100,000
- The Law Society Gazette – Jackson on fixed costs: the profession reacts
- Solicitors Journa: Lord Justice Jackson scales back fixed costs proposals
- Claims Media: Mixed Reaction as Lord Justice Jackson confirms scaling back from suggesting fixed costs for all claims up to £25,000
- The Law Society – Plans for 10-fold expansion of fixed costs regime scaled back.
- Legal Futures Jackson lays out plan for fixed costs with warning that it’s not his job to protect profession.
- UK Human Rights Blog – Jackson LJ on costs in all judicial reviews: Aarhus rules to apply
- LEX- Fixed Recoverable Costs the next chapter
- Politics Home Bar Council responds to Lord Justice Jackson’s FRC proposals.
- Sue Fox Jackson LJ’s report is here!Just working my way through the 135 pages of Jackson LJ’s latest report – he likes to be thorough!
- Alex Fusco has an interesting Storify record of all the tweets on the matter this morning.
30th July 2017
- Kerry Underwood on Fixed Costs Pilot
- Herbert Smith Freehills review recent cases on sanctions in Recent decisions show continuing trend for tough approach to rule breaches
- DWF review recent cases in Jackson in Action – case law
- Ryan Hocking on group litigation orders So vast a throng the stage can ne’er contain: litigation involving groups
- The Law Society Result of bill of costs and J-Codes survey
- Tax Journal BPP: HMRC must play by the rules too
- Ed Crosse asks Who will wear the litigation crown?
21st July 2017
- DWF Claimant’s costs budget is reduced by £2 million in class action.
- Kerry Underwood on Accepting Part 36 offer during trial
- Osborne Clarke Service abroad: attempts to avoid the Hague Service Convention procedures – update
- The Association of Cost Lawyers Now rule committee delays making electronic bill compulsory
- BLM Policy Blog – Extending the scope of QOCS Protection
7th July 2017
- Just Costs – Courts refusal to transfer claim from IPEC to the High Court because of the claimant’s need for costs protection.
- Andrew Hogan on Inquest Costs.
- Herbert Smith Freehills – High Court refuses non-party access to witness statements prepared at trial and referred to at pre-trial hearing.
- The Law Society Gazette – Revealed: Jackson’s fixed fees pilot to cap costs at £80k
- Litigation Futures – Solicitors in peril following Court of Appeal ruling on budgets, costs lawyer survey warns.
- DWF have their regular Jackson in Action – case law.
23rd June 2017
(The Harrison -v- Coventry case features heavily)
- 4 New Square were definitely first off the blocks with Court of Appeal judgment in the Harrison Costs Budgeting Case. The article also looks at the question of how proportionality is to be approached and when proceedings were commenced for the purpose of the proportionality test.
- Hill Dickinson emphasise the “good reason” issue in Costs budgets – the importance of good reason
- Kings Chambers emphasises the reciprocity angle in Kevin Latham Achieves Costs Budgeting Clarity in Harrison v University Hospitals Coventry & Warwickshire NHS Trust
- GWS have a short summary, arguing that there is still plenty of scope for argument on detailed assessment in Costs budgets and detailed assessment
- Paragon Costs Solutions argues that decision provides certainty and clarity in Court of Appeal deals with the relationship between the costs budget and the detailed assessment
- The Law Society Gazette on Costs: Appeal court backs Merrix stance on budget status
- The Association of Costs Lawyers CA: parties need good reason to depart from budget at detailed assessment
- Elite Law Costs Drafting Costs Budgets on Assessment: The Court of Appeal View (although it is disappointing to see a gavel)
- Litigation Futures Court of Appeal upholds primacy of budgeting over detailed assessment
- Harmans Court of Appeal judgment in the Harrison Costs Budgeting case
- Clarion Solicitors The importance of the precedent H Costs Budget! Harrison on appeal – no second bite of the cherry.
- PIC Costing – Harrison: The Impact
20th June 2017
- Litigation Futures – Failure to pay correct court fee not an abuse of process.
- Litigation Futures – Judge warns of costs sanctions for parties that drowned him in skeletons and bundles.
- Andrew Hogan on Costs and NIHL claims.
- Bronia Hartley on Fraud – No free pass for getting judgment set aside.
7th June 2017
- MRN Solicitors on costs – Proportionality – size does matter.
4th June 2017
2nd June 2017
- The Law Society “New Electronic Bill of Costs”
- Litigation Futures – Electronic Bill of costs to become compulsory from 1 October
- New Law Journal Electronic Bill of costs to be compulsory
- DWF Jackson in Action Case Law, has four cases covering costs budgeting and relief from sanctions
- GWS Costs Blog asks What can law costs draftsmen do
24th May 2017
- Sue Fox has tweets from the costs section at the APIL annual conference in “Costs budgets are now working better…”
- Kerry Underwood on Small Claim – unreasonableness and costs.
- Lexis Nexis Dispute Resolution Blog on Use of Surveillance evidence in personal injury claims.
- Litigation Futures – Hot tubbing of experts should not be “forced on unwilling parties”.
18th May 2017
- The FCPA blog – No privilege for internal investigation notes.
9th May 2017
- Litigation Futures Insurer loses bid to appeal indemnity costs issue in unusual case where expert agreed to cover its cost
- Litigation Futures High Court upholds decision to disapply QOCS in ‘mixed’ claim
- Harmans on Budget fee preparation explanation
- Kerry Underwood – Part 36 and Fixed Costs
- DWF Historic abuse claims: when is late too late?
- The latest Commercial Litigation Association Newsletter
- Litigation Futures- A missed opportunity for Assignment of CFAs?
2nd May 2017
- Kerry Underwood – Electronic Filing – Service Levels
- Practical Law Dispute Resolution Blog – Staying on the right side of Part 36: lessons learned
- Walker Morris: High stakes, high value, high profile dispute? UK High Court has the solution.
- Andrew Hogan – And the weak suffer what they must.
- Lexis Nexis Dispute Resolution – Freedom of Expression under the costs regime: a chilling effect on journalism?
- Magdalen Chambers – Fundamental Dishonesty appeal allowed.
- Lewis Silkin have an online guide to Litigation Costs.
24th April 2017
- Retired judge Peter Glover on “Beleaguered Bench”
21st April 2017
- Michael Nolan – Solicitors it’s time to be transparent about costs
- Practical Law Dispute Resolution Blog E-filing: top five tips
- Rachel Rothwell – Why BTE can never provide all the answers
18th April 2017
- Litigation Futures: Jackson backs costs capping for Mercantile Court pilot.
- Alex Bagnall: Fixed recoverable costs: unfair and wrong in principle?
- Justin Crossley: “Judicial Bias Considered”
- Frances Lawley: “Relief from Sanctions”
- Dr Robert Whittock on the Cobbold decision and late amendments in “A Stitch in Time Saves Nine”
- Colm Nugent on Expert Costs liability
9th April 2017
- Richard Harrison – The Brexit of CPR
31st March 2017
- Kerry Underwood – Fixed Recoverable Costs for Everything
- Atherton Godfrey – Update on the Personal Injury Protocol
- Richard Harrison – The Brexit of CPR
- Litigation Futures – Supreme Court rejects narrow approach to LASPO transitional provisions on success fees and ATE
- Litigation Futures – Budgeting uncertainty set to roll on until Merrix appeal
- The Law Society Gazette – £2 damages winner faces costs bill for nine-day hearing.
- The Law Society Gazette – Jackson: solicitors tell me costs budgeting is working
- Inforrm’s Blog – Libel Litigation, Jackson, Fixed Costs and Case Management
17th March 2017
- The Law Society Gazette – Mediation, costs and proportionality
- The Law Society Gazette on funding in litigation Third-Party Time
- Andrew Hogan provides a review of costs in Costs 2017
- DLA Piper on Recoverability of adjudication costs
- Lexis Nexis – Specialist civil courts to become Business and Property Courts
- Elliot Kay – The Importance of Costs Budgets – Merrix -v- Heart of England NHS Trust
6th March 2017
- Kerry Underwood – Personal Injury Reforms Announced
- Andrew Hogan looks at issues of proportionality in Through the Looking Glass
- Lewis Silkin – Court considers service of a defendant’s notice to force claimant to serve proceedings or discontinue a claim.
- Civil Way in the New Law Journal on Vanishing claims; legal advisers get judgy; & managing incurred costs.
- Rcostsings on Clarification for high value claims which start in the portal.
17th February 2017
- John Hayes on 88th update to CPR
- Kain Knights – Costs in Brief for February 2017
- Litigation Futures – Budget does not replace detailed assessment, says another regional costs judge
- Taxation on Extension of time to appeal in Stephen West case
- Kerry Underwood on Ambush by consultation paper
- Attain on Part 36 exists to avoid enquiry into whether parties negotiated reasonably or not.
12th February 2017
- Frances Lawley on Fixed Costs Apply in PAD applications which leave the EL/PL Portal
- Litigation Future – Proportionality – opening a can of worms
- John Hyde – Claim form served late but dismissal application rejected
- John Hyde – Automatic strike-out for cases where trial fee unpaid
- Law Society Gazette – Lawyer groups urge Jackson to rethink fixed costs plan
2nd February 2017
- Conroys on Costs, Calderbank and the Court of Protection
- Hill Dickinson on Withdrawing from an admission of liability
- Nabarro on Construction Disputes: Are you sure the expert’s advice is privileged?
- Family mediation week : The British Justice System is in more trouble than the NHS – what you need to know.
25th January 2017
- Andrew Hogan on – A thought on fixed costs reforms
- Dominic Regan on Strike out strikes back
- Clyde & Co on Risks of Wasted Costs Orders
21st January 2016
- Herbert Smith Freehills Litigation Notes on Proportionality
- Herbert Smith Freehills Litigation Notes on Disclosure
- Litigation Futures Judges should be slow to consider reasonableness of settlement stance
- Litigation Future – Proportionality- opening a can of worms
8th January 2016
6th January 2016
- Mayer Brown LLP – A “Skilled Person’s Report” is held to be disclosable in litigation.
- Lexis Nexis Dispute Resolution – New CPR Practice Direction 31C – disclosure and inspection in competition claims.
- GWS – Are additional liabilities subject to new proportionality test?
- DWF Insurance – Jackson in Action: case law
19th December 2016
A host of posts from the Zenith PI Blog
- Bronia Hartley on Costs Budgets: Phases can’t be combined.
- Peter Yates Applications for permission to bring contempt proceedings: a useful illustration.
- Catherine Duffy Clinical Negligence Appeal – Findings must be justified on the evidence.
- Elliot Kay – Late amendments to pleadings – proceed with caution.
- Kate Mckinley in Qadar -v- Esure – No Fixed Costs when cases leave the portal
- Jonathan Holsgrove – Repeat claimants – res judicata and issue estoppel.]
- Bronia Hartley – Unless orders and relief from sanctions.
- Peter Yates: Surveillance Skulduggery
- Sabrina Hartshorn – The importance of an independent expert
The Hardwicke PI Group Christmas Newsletter
- Rebecca Jones on Qader -v- Esure – Limiting the scope of fixed recoverable costs.
- Jasmine Murphy on A biting issue
- An espresso interview with Tod Hodgetts
24th November 2016
- The Law Society Gazette – Costs lawyers complain solicitors can’t keep to budgets.
- RPC – Adjudication Costs not recoverable as costs of proceedings.
- DWF have a round up of recent cases in Jackson in Action: case law
- Herbert Smith Freehills – Court of Appeal upholds orders for litigation funders to pay costs on the indemnity basis in high profile Excalibur Litigation.
- Litigation Futures – Judge makes security contingent on costs management hearing.
- Litigation Futures – Costs ordered against party that ignored efforts to discuss expert evidence.
18th November 2016
(Dealing solely with the Court of Appeal decision in Qadar -v- Esure).
- Kennedys – Fixed costs: not applicable to multi-track claims started in the portal.
- ACL Good news for claimants with twin PI protocol costs rulings
- BLM Court of Appeal rewrites CPR to decide that Multi-Track allocation ends application of fixed costs.
- Nicholas Hill Fixed Recoverable Costs DO NOT Apply to Multi-track claims.
- Clyde & Co Costs – Fixed costs do not apply to multi-track claims.
- The Law Society Gazette – Court of Appeal grants leeway on fixed costs application.
- Litigation Futures – PI claims that exit protocol “not subject to fixed costs” says CA PI claims that exit protocol “not subject to fixed costs” says CA
- Simpson Millar – The Law of… being open to interpretation
- Mathew White Qader -v- Esure Court of Appeal decision
- Kerry Underwood – Qader Overturned: Parliament Ignored.
7th November 2016
- Robert Pettit has a downloadable and self calculating Precedent Q
- The Law Society Gazette – PI lawyer fined for using old signatures on claims form
- Dov Ohrenstein on CPR Part 36 Offers – Problems in Practice
26th October 2016
- The New Law Journal has articles on Part 36 and Costs budgeting all in one place
- Rachel Rothwell asks – Fixed costs where are we now?
- Keogh’s Insight covers a number of issues in relation to costs.
18th October 2016
- Charles Bagot of Hardwicke Chambers asks the (possibly rhetorical) question – Have you lost your appeal?
- Gemma Witherington of Hardwicke – Don’t forget to plead mitigation!Don’t forget to plead mitigation!
- Rebecca Jones of Hardwicke QOCS: The Strike out and Fundamental Dishonesty Exceptions in Action
- Jonathan Holsgrove of Zenith – Trial Bundles can make you sick – Top tips for a compliant bundle
16th October 2016
- The Law Society Gazette on pending appeals on cost: At last we will know how proportionality works.At last we will know how proportionality works.
- The Law Society Gazette – “Moment of madness” solicitors struck off after appeal (about the duty of disclosure on ex parte applications).
- Lord Justice Jackson’s lecture on Disclosure
- Roger Smith – Transforming Justice – Beyond the Bombast
9th October 2016
- The Law Society Gazette – New bill of costs to be compulsory from October 2017
- Free Movement – Changes to appeals to Court of Appeal from 3 October 2016
- Cait Sweeney 86th update to CPR now in force – what’s new?
- Masoon Ahmed on Civil Procedure – party conduct and costs sanctions.
- Association of Costs Lawyers – CPR update brings revised Precedent H
- Herbert Smith Freehills – High Court upholds arbitrator’s decision to award claimant the costs of third party funding.
- Penningtons Manches – A canter through the the Briggs Review
3rd October 2016
- The Law Society Gazette – MOJ “spending millions” to cope with LIPs
- The Law Society Gazette – Witness statements – “more concerned with the weather” – DJ
25th September 2016
- Lexis Nexis Dispute Resolution – Changes to appeals – what’s happening and when.
- It’s a lawyer’s life – 5 honest pieces of advice for lawyers.
- Nearly Legal “Solicitor’s agents'”and rights of audience again.
20th September 2016
- The New Law Journal looks at the impact of flexible trials on expert witness work
- Walker Morris on Expert evidence: essential expert advice
- The Law Society Gazette on Enforcing Court Judgments
- Litigation Futures – High Court allows recovery of costs of arranging third-party funding. 13th September 2016
- An interesting and cautionary tale about costs budgeting from Victoria Chambers in A Watchful Eye
12th September 2016
- PIClaimsBlawg – Proportionality and Recovering Legal Costs – Does Size Matter?
5th September 2016
- Lowering the Bar – How to write an introduction (or How not to).
- Civil Justice Statistics Quarterly (April to June 2016)
24th August 2016
- Johnson Fleming Summary of the Insurance Act 2015 – key changes
- The Law Society Gazette – Court of Appeal threshold to remain unchanged
- Lexis Nexis Dispute Resolution Blog – Service out of the jurisdiction where permission of the court is required
- Litigation Futures Costs judge gives another CFA assignment the thumbs-up
- Harmans Challenging High Court Enforcement Officers fees
10th August 2016
- Litigation Futures – Costs budgets should not include additional liabilities says High Court
- NHS hit with costs over “drip feed” disclosure
- High Court brands bid to uncover identity of third-part funder a “fishing expedition”.
- Kerry Underwood asks: Part 36: Does a claimant get indemnity costs on late acceptance ?
- Settlement: Fraud unravels all
5th August 2016
- Hardwicke Professional Negligence Newsletter includes an article from Martyn Griffiths on Proportionality – the potential effects of a blunt instrument.
- Charity Commmision new litigation guidance for charities
- Legal Futures High Court upholds Legal Ombudsman order that firm repays most of the £37k contingency fees.
- The Law Society Gazette – Judge rues “attritional warfare” in PI case.
2nd August 2016
- DWF Insurance Brief
- Legal Chap on proportionality and Under Pressure
- Litigation Futures Proportionality loser May hits out at “mockery of justice”.
- Litigation Futures Judges, lawyers and experts seeing benefits of “hot-tubbing”.
27th July 2016
- The New Law Journal on “Declaring a Winner” (CPR 44.2 in group litigation).
- The New Law Journal Civil Courts: Briggs publishes Final Report.
- Litigation Futures on the Jamadar case Failure to serve costs budget limits claimant’s recovery to court fees in £3m quantum only dispute.
- Bronia Hartley on Unless Orders and Relief from Sanctions
- Elliot Kay on Excluding a party from court in fraudulent claims
- Colin Richmond – Are you still open? Can a Part 36 offer extinguish an earlier offer?
- Maxine Best RTA Claims: Caution when seeking a finding of fraud.
- Joanne Hastie – A Reminder to all about the importance and extent of pleadings.
- Kerry Underwood Fundamental Dishonesty Supreme Court indicates hard line.
17th July 2016
- Harvard Law Today To be happy lawyers (and human beings), eight rules for law students to live by
- BBC News –Court closures threaten human rights
- UK Human Rights Blog on the Da Costa case – Whose fair trial prevails?
13th July 2016
- Weighmans Police and civil litigation update considers QOCS
- Herbert Smith Freehills Predictive Coding ordered despite party’s objections.
- Lexis Nexis Dispute Resolution – Risks of mentioning confidential documents in pleadings
- Jasmine Murphy – Fixed recoverable costs – settling at the court door.
- The New Law Journal – Tackling delays in the Court of Appeal.
- Field Fisher – Civil and Commercial Proceedings in France
- Litigation Futures – Top media firm unable to recover costs because CFA did not cover much of its work
- Joanne Hastie on A reminder to all about the importance and extent of pleadings
- Colin Richmond – Has the Claimant beaten its own Part 36 offer? Perhaps not as simple as it looks
- Kerry Underwood CFA’s: a wrong decision: Radford Considered
- Conditional Fee Agreements: Switching from Legal Aid is Reasonable
- Can a defendant be better off paying more than the defendant wants?
8th July 2016
- Liz Repper on Mediation update: discussing and negotiating early
- TGC on the Overturning of a “broad brush” reduction of an ATE premium on appeal.
- Litigation Futures on the same case Court overturns Senior Cost Judge’s decision to slash ATE premium by 60%.
6th July 2016
- Litigation Futures Fletchers claim “major victory” on interim payments of costs.
4th July 2016
- Litigation Futures – High Court overturns trio of cost judge rulings over “failing to advise properly” on CFA switches.
- Claimant who only bear part 36 offer because of interest “not entitled to enhanced costs”
3rd July 2016
- Lawyerist – Learn to deal with mentally-ill clients.
- Henry Brooke – Stories of Injustice (3); LASPO and the cuts.
- GWS ask Costs budgeting – success or failure?
- The Third Sector: Charities can be confident to receive the cost of will challenges.
- Jackson LJ’s lecture Concurrent Expert Evidence – A Gift from Australia
- DWF Phantom passengers ordered to pay costs following a finding that their claims were fundamentally dishonest
- Ravi Aswani asks An approved costs budget: a ceiling or a fix on costs recovery at the end of proceedings?An approved costs budget: a ceiling or a fix on costs recovery at the end of proceedings?
- Herbert Smith Freehills – Court of Appeal considers appropriate costs order where claimant succeeded against some defendants but failed against others.
- Solicitors Journal – Judges hold key to costs management, say lawyers.
28th June 2016
- 9 Gough Square reports that Gurion Taussig is successful in High Court Appeal on Part 36 costs case (The Lowin -v- Portsmouth case).
- The Law Society Gazette –Part 36 rules overrules PA costs cap, court rules.
- Attain freedom from the cap on provisional assessment costs.
- Attain on High Court approves only part of a defendant budget.
- The Law Society Gazette – Party penalised in case “crying out” for sensible negotiation.
- The Law Society Gazette Costs budgeting success “depends on the judge”, say lawyers
- From Litigation Futures
- Costs lawyers highlight “arbitrary” nature of budgeting.
- Part 36 uplift for beating offer includes contractual interest, High Court rules.
- Proportionality test bites in the Competition Appeal Tribunal.
- Successful Part 36 offer removes cap on provisional assessment costs, High Court rules.
- Kerry Underwood – CFAS – Never name the Defendant.
- Kerry Underwood – Proportionality Again – Court chops reasonable costs by 60%.
21st June 2016
- Litigation Futures makes a bid (probably successfully) for worst puns of the year with Crazy little thing called proportionality caused hammer to fall on Queen guitarist’s costs.
- The Law Society Gazette Proportionality hits Brian May’s basement costs claim.
- Lexology also enters the worst puns contest with Is this the real life? Is this just fantasy? Brian May costs case in basement row.
- gws avoid all puns with The New Proportionality test in costs
- Andrew Hogan on Malkinson -v- Trim and the sole practitioner
- Herbert Smith Freehills on the BNM case in Courts taking tough line on disproportionate costs.
- Litigation Futures on Court sanctions party that failed to paginate its bundles properly.
- DWF on Section 57 applies in liability dispute case due to fundamental dishonesty.
- The Solicitors Journal on Court costs hit London’s status as international jurisdiction of choice.
12th June 2016
- Litigation Futures Research reveals overspend in 89% of cases with costs budgets
- Litigation Futures – End of LASPO exemption for insolvency “will lead to unscrupulous behaviour”.
- Richard Harrison considers how to achieve the status of ideal litigator
- John Hayes has Costs round up #61
- Kerry Underwood on the BNM case in Proportionality: Court halves costs
- Kerry Underwood on Part 36 Liability offers on day one.
- Andrew Hogan on Malkinson -v- Trim and the Sole Practitioner (just be ready for the music when you press on this link).
- Kathryn Garbett & Robin Preston-Jones consider confidentiality clubs In the Club
- Jane Foulser McFarlane considers the digitisation of the courts in Virtual Reality?
- Janna Purdie Security for costs – relevant factors when making an order
- Ashhurst provide a guide to Early Neutral Evaluation
6th June 2016
- The Law Society Gazette on the BNM case in “Reasonable” costs bill halved under proportionality test.
- Herbert Smith Freehills on the Coyne case The price of changing experts: disclosure of privileged report
2nd June 2016
- Lawyerist on Preparing for E-Discovery, Step-One: the client interview
- The National Law Review on Tips for Trying a Case before a Hostile Judge
31st May 2016
- Rachel Rothwell on How fixed costs are looking
- ACLT with interesting pictorials on Wasted Costs
- DWF ask What do latest signals from Jackson and Briggs on fixed costs and the Online Court mean for insurers?
- Litigation Futures QOCS protection extends to appeals, High Court rules
- Herbert Smith Freehills: Recent decision highlights costs risk in issuing a claim form which is not then served.
- John Collins of Zenith Chambers considered cases relating to accidents in Scotland and proceedings in England in Over the Border
- Justin Crossley of Zenith Chambers considered the Churchill case in Increasing Costs Budget – What constituted “Significant Development”?
- Kerry Underwood considers the Webb Resolution case in Costs liability triggered on issue not service
- Nearly Legal takes a look at the Van Dijk case in Money down the drain
23rd May 2016
- Fenwick Elliot on The Jackson Reforms to the litigation process: three years on
- The MOJ Consultation on the Court of Appeal
- Litigation futures – City firm wins first contested application for use in predictive coding
- Litigation Futures on An ATE insurer’s view on clinical negligence reforms
- LPC Law on Denton and applications for leave to appeal out of time.
17th May 2016
- Simon Murray writing in piBlawg on Paying the (full) price? Underpaid fees and limitation periods
- Harmans Costs Brief for May 2016
13th May 2016
Today, unusually, I am linking to posts about one case – Jones -v- Spire Healthcare on the assignment of CFAs.
- Andrew Hogan deals with the case with the case in Costs Barrister
- Just Costs – CFA is Successfully assigned
- The New Law Journal on Jones result: CFAs can be assigned.
- The Law Society Gazette CFAs “validly assigned”, judge rules.
- Litigation Futures: CFA could be assigned after firm went bust, circuit judge rules
- SPH CFA – Court rules assignment possible.
- BLM – Court rules that CFAs can be assigned.
7th May 2016
- Andrew Hogan looks at assignments of CFAs in Principals, agents and Conditional Fee Agreements.
- John Hyde in the Law Society Gazette on High Court allows advocacy fees for case settled on the day.
- Litigation Futures deals with the same case “No windfall in allowing barrister to claim fast-track advocacy fee.”
- Professional & Financial risks Blog on Mining for claims: a year on from Proctor -v- Raleys
- Kerry Underwood on Costs budgeting, proportionality and hourly rates in high value cases.
- Colin Richmond of Zenith Chambers – Credit Hire – Defendant entitled to summary judgment when claimant could not establish need.
- Lawyerist – Don’t let intimidation drive your litigation strategy
- Lexis Nexis dispute resolution – Jackson sets way forward on bills of costs.
- The New Law Journal on Bill of Costs in “Deadlock”.
- The Law Society Gazette – Jackson backs RTA claimants over portal transfer
- Litigation Futures No escape from dishonesty hearing for claimant who discontinued
- Kerry Underwood on Part 36 & Issue Based Orders
- Litigation Futures – Claim against MIB does not have protection of QOCS, High Court rules
- Litigation Futures – CA: judge wrong to move hire costs dispute from RTA process to small claims court
19th April 2016
- Darlingtons on Litigation letter of claim – why is it so important?
- Jonathan Goldsmith on The Shrinking role of lawyers in ODR
- Kerry Underwood on Contingency Fee Agreements: High Court Guidance
15th April 2016
- District Judge Gold on Changes galore for civil law
- Ed Crosse on Change for the Better
- Cait Sweeney on the 83rd update to the CPR now in force – what’s new?
- Walker Morris on Litigants in Person: Non-compliance, but can a claim proceed?Non-compliance, but can a claim proceed?
- Masood Ahmed on Part 36: concessions and intentions.
- My review of Kerry Underwood’s book: QOCS gets the John Grisham Treatment.
7th April 2016
- Herbert Smith Freehills on judicial comment on experts in Experts have lessons to learn.
- Natasha Biggs on Changes to Civil Procedure Rules and Attachment of Earnings Orders.
- Katherine Butler of Nabarro on Costs budgets: will the new rules help?
- Kain Knight on Costs Budgeting: Changes Commencing April 2016.
- Litigation Futures on Amended costs management rules come into force.
- The Solicitors Journal – The debate on incurres costs continues
- The Law Society Gazette – Court lenient over seven-day delay in filing costs budget.
- Herbert Smith Freehills on Recent decisions highlight potential disadvantages of making offers outside Part 36.
- The Law Society Gazette on Jackson reforms: counting the costs.
29th March 2016
- Rachel Rothwell on Incurred costs are up for grabs
- The ABA on 7 steps to a successful mediation.
- Marilyn Stowe asks Who should run the justice system?
- The Guardian – Social recall: factors that can affect false memory.
- Litigation Futures on the Patience case in CA overturns costs order that penalised one party when other was also at fault.
- Helen Rutherford on 83rd Amendment to CPR
- Kerry Underwood on Qualified One-Way Costs shifting – Discontinuance.
- Kain Knight on Costs Budgeting: Changes commencing April 2016
22nd March 2016
- Steve Cornforth – The fees go up and the service comes down!
- Steve Cornforth – Sanctions – Express relief is best.
- Harmans – Costs Brief for March 2016
- Laurence Page of Hardwicke on Stevensdrake -v- Hunt and the indemnity principle
- Kennedys – EL/PL Portal: trends and tactics
- Litigation Futures High Court Judge tells parties to have another go at disproportionate budgets
16th March 2016
- The Law Society Gazette – Neuberger points out weakness of in-house legal privilege.
- LexisNexis – Indemnity costs on discontinued claims.
- The Law Society Gazette NHS Trust denied costs after settling “whole” claim.
- Cait Sweeney on Great news for claimants – Fixed costs trumped by Part 36 offer.
- Rogers and Norton Delay at your peril – a lesson to the insurer.
- Herbert Smith Freehills – Two Court of Appeal decisions show continuing tough approach to procedural failings.
14th March 2016
- Elliot Green writes on The Shifting Burden: Green -v- Raja
10th March 2016
- ACL on Incurred costs: “Don’t kick the can down the road”.
- The Law Society Gazette: Lawyers are proving shy over short trials
- The Gazette on Experiences of online justice raise concerns
- Litigation Futures on Court of Appeal teaches insurer “harsh” lesson on relief from sanctions.
- Sextons Blog Incurred costs must be challenged at CMC says Court of Appeal.
- Horwich Farrelly – Broadhurst -v- Tan – a sorely misunderstood judgment.
8th March 2016
- David Pliener of Hardwicke on Commercial Awareness from a barrister’s perspective.
- Brie Stevens-Hoare QC on To be out and proud, or walk the tightrope of truthful obscurity.
- Clarion writes on the Martin case in Calling Time: requesting an oral assessment.
- Mark Briggs joins the contest to make puns from the Jockey Club case in Challenge to claimant’s Part 36 offer fails to make it out of the starting gate
7th March 2016
- The Law Society Gazette – Do not rush into fixed costs.
- Anis Waiz on Setting aside Judgment. Some key issues.
- Lawyerist on how to communicate with angry clients.
- Bristows reports a case on Sending documents via Dropbox
- Lawyerist on How to take a deposition like a pro (relevant to taking witness statements in the UK).
- Litigation Futures on the Sarpd Oil case Refusing to prove ability to pay costs is not a justified litigation tactic, says CA
- BabyBarista on Reptile in the Courtroom
- ILO on service of the claim form Time lost may never be found again
- Lexis Nexis Dispute Resolution on CPR Changes February and April 2016
- Out-Law on Pensions Litigation included in civil court procedure for first time.
- Kerry Underwood on Running Small Claims Track Personal Injury Claims
- Just Costs on Is there now a way out of the fixed costs straitjacket?
- Shepherd-Wedderburn on Using technology to reduce the costs of disclosure
25th February 2016
- Legal Future reports Tribunals set to pilot online dispute resolution as a priority.
- Stephen Leslie asks Does service of a bankruptcy petition need the personal touch?
- The Law Society Gazette Probate fees soar to 10k to fund courts
- The Law Society Gazette Judge labels clin neg fixed costs “profoundly worrying”.
- Commercial Disputes Blog “Disproportionate” disclosure application denied in swaps mis-selling claim.
- Herbert Smith Freehills London High Court considers burden of proof in claims for breach of fiduciary duty.
23rd February 2016
- Herbert Smith Freehills on London Court considers burden of proof claims for breach of fiduciary duty.
- Tom Restall on Can you have a “health and safety expert”?
- Jonathan Goldsmith on Dispute resolution and Brexit
- Chris Dale on Reaction to the Reactions to the Pyrrho predictive coding judgment
- The Law Society Gazette reports: LCJ: we have to start again on civil justice system
- DWF have a report Late notified claim fails and fundamental dishonesty is established.
- Dominic Regan asks Is Jackson’s legacy under pressure?
- Tim Markham considers Direct Access: A mixed blessing for barristers
- The Law Society Gazette reports Judge lodges only complaint about court closure process
- Darlingtons, on Are you legally streetwise? – things they don’t and can’t teach you at Law School.
19th February 2016
- ACL on Excessive items within reasonable budget “will be cut”.
- Stephen Oldham on Improve your writing with these 5 tips from George Orwell.
- Brendan Kenny on Lawyers who aren’t sure how modern English works
- Litigation Futures Warning that courts can still cut “reasonable” budgets.
- Legal Futures High Court awards Lord Chancellor £1m in battle with legal aid firm
- Kerry Underwood on Legally Qualified Chair Required
17th February 2016
- DWF on Similar fact evidence helps to defeat 12 personal injury claims.
- The Litigation Edge Blog on Mediation looks to Singapore.
- Taylor Wessing on Judicial approval for the use of predictive coding in electronic disclosure
- Gary Knight on Fixed costs: The time is now.
- The Law Society Gazette on Landmark ruling on predictive coding in disclosure.
- The Solicitors Journal on Changes ahead for costs budgeting.
- Sterling Costs on Jackson LJ misleads us all.
- The Solicitors Journal on Experts need court skills as well as technical expertise.
- Masood Ahmed on Without Prejudice Privilege
- Paul Darling QC Lord Dyson’s retirement is not premature and the attack on Rupert Jackson QC’s fees unfair.
- Law Society of Scotland NQ Blog – Delegating a task or responsibility (as they pointed out you can always get someone to read this for you).
- Litigation Futures – Successful challenges to pre-laspo switches from legal aid to CFAs
- The Law Society on 10 ways to get clients to love your firm.
12th February 2016
(This is not Friday the 13th but the links today are all related to court closures).
- The Law Society Gazette MOJ confirms that 86 out of 91 threatened courts will close.
- The BBC – Closures of courts and tribunals in England and Wales announced.
- Family Law – MOJ confirms closure of 86 courts.
- The Written Ministerial Statement is here
- Yorkshire Post on Yorkshire court closures confirmed.
- Wales online Government announces closure of 10 courts in Wales
- Halifax Courier Shock and anger over court closures in Calderdale
- The Law Society Court closures will deepen inequalities in the justice system
- PCS More court closures further undermines our justice system
- The Wave Court Closures Row
- Resolution Resolution condemns government court closure plan
- Local Government Lawyer Ministry of Justice to press ahead with closure of 86 courts and tribunals
- The Telegraph Criminal trials to be heard in universities after closure of one in five courts
8th February 2016
- SB QC on An occasional look at recent Costs cases in litigation
- Legalchap on The bitterest pill
- Rachel Rothwell on CFA “terminated” before assignment, court rules
- The Guardian on Staggering price of civil court fees comes with a human cost
- Lawyerist on Lawyer’s Stop writing (and saying) these things immediately.
- DACbeachcroft NHS LA succeeds in having £498k of additional liabilities disallowed in just two cases
4th February 2016
- Clarion January 2016 Newsletter on costs. Important updates.
- Rachel Rothwell – CFA “terminated” before assignment.
- Kerry Underwood on Fixed Costs and Part 36
- Kerry Underwood on Children and Success Fees
- The Minstry of Justice on emailing the civil and family courts
1st February 2016
- Lawyerist We tried to create the worst legal writing possible (read the comments section).
28th January 2016
- Legal Cheek on We spoke to a top barrister about the effect of spiralling court fees on frontline legal practice
- Robin Preston-Jones in Dispute Resolution Blog Our modern judiciary: advocates for the court
- Kennedys on Early neutral evaluation: enticed, or not enthusiastic?
- The Law Society Gazette “Financial market list “operating well””
- Jackson Hughes – Life after whiplash: what would the world look like?
26th January 2016
- John Hyde in the Law Society GazetteSenior judges lambast government over court fees.
- Nick Hilborne in Legal Futures Dyson condemns “desperate” MoJ over enhanced court fees
- The Guardian Top UK judges denounce “dangerous” increase in court fees
- The Independent Soaring court fees “will discourage ordinary people from seeking justice”
- Legal Cheek Court fees row reveals huge rift between government and judiciary.
- The Express and Star Top judge warns rise in court fees “risks access to justice”.
19th January 2016
- Rebecca Love Kourlis on 10 ways to reform the civil justice system by changing the culture of the courts
- Ropewalk Chambers have a link to a case on Fundamental Dishonesty Finding on QUOCS case
- An American view (but has relevance generally) Court gives Plaintiff 21.5 million reasons for not spoliating Emails.
- Litigation Futures Court of Appeal: LiPS can benefit from “without prejudice” rule without knowing what it means
- Litigation Futures on the forthcoming rules on Part 36 and fixed costs in Court of Appeal to rule on interplay between fixed costs and part 36 offers.
- Masood Ahmed writing in the Law Society Gazette Civil Procedure: expert evidence
- The Local Government has an article by Marie-Claire O’Hara on Early neutral evaluation.
- Gov.Uk on Take a business dispute to the Mercantile Court.
15th January 2016
- John Hayes has Costs Round up #41
14th January 2016
- John Hyde on the “antitrust” watchdogs in Every Tom, Dick and McKenzie
- Harmans Legal Costs Update
- House of Commons Library on Litigants in Person: the rise of the self represented litigant
- Litigation Futures Government confirms 1 October 2016 as date for fixed costs in clinical negligence
- Litigation Futures on Lawyer-less Courts
- The Law Society Gazette writes Decision postponed on proposal for new October bill of costs.
- Paris Smith on DIY Litigation: What could possibly go wrong?
- Jonathan Maas, writing in The Barrister advises on Civil Litigation: The Disclosure Iceberg
- David Wright, in the Solicitors Journal, on Revising Cost Budgets: The importance of being prompt.
- The House of Commons Library on Civil legal aid changes since 2013: the impact on people seeking help with legal problems.
12th January 2016
- Jasmine Murphy on Maximising Fixed Costs – In the Protocol and out of it.
8th January 2016
- Lextalk on How to Avoid the 5 biggest legal writing gaffes
- David Greene on court fees in New year: same headache?
- Litigation Futures on the Bristow case in NHSLA hit again with indemnity costs for refusing to mediate
- The Law Society Gazette on the Ward Hadaway case in Judge says scheme to under-pay court fees was an abuse of process
- On the same case Out-Law on Deliberately understating claim value to avoid higher court fees is an “abuse of process”, court rules
6th January 2016
- PJ Kirby QC and Ryan Hocking of Hardwicke ask Do general contractual principles apply to the making and acceptance of Part 36 offers.
- Jasmine Murphy on the Ward Hadaway case in A wake up call for claimant litigators regarding issue fees
- Kerry Underwood on Insurers, Third Party Capture and much more.
- Chris Dale on the Solanki case in A failed attempt to overwrite stolen company data
- Litigation Futures on the Yentob decision Courts must consider “all the circumstances” before imposing Part 36 penalties.
- Costs Barrister has a number of profound questions in Costs and the rule of law (prepare yourself for the background music).
31st December 2015
- DWF ask about the effect of Gavin -v- Haven Insurance on intervention strategies
- Gareth-Lee Smith on 10 things to consider when dealing with CFAs in infant PI cases
- Lawyeriston How to hire and rely on a paralegal
22nd December 2015
- Ian Miller in PI Blawg on Top Personal Injury decisions of the Court of Appeal in 2015
20th December 2015
- The Solicitors Journal on What does the future hold for third-party litigation funding?
- Kerry Underwood on Section57 Criminal Justice and Courts Act 2015 – updated.
- Litigation Futures on Government decides against doubling court fee cap but gives green light to general increase.
- Litigation Futures on Insolvency exemption from LASPO to end next year.
- Litigation futures on Supreme Court: no “material change” means no second application for relief from sanctions.
- Commercial Disputes Blog on Delay not a bar to obtaining freezing injunction
- Lexis Nexis Dispute Resolution on Updated Queen’s Bench Guide (4th Edition).
- Elizabeth Repper on Mediation update: indemnity costs for unreasonable refusal to mediate and no dispute too intractable
- Attain have a number of posts on budgeting, see, Budgeting basics #10 – The separate “rule” for interim applications.
- Sue Fox of Clarion on Should the courts be able to interfere with costs budgets which have been agreed between the parties?
- Legal Chap on Justice Delayed
16th December 2015
Chris Dale, writing for SCL, has Predictions for 2016
- Herbert Smith Freehills A litigator’s yearbook: 2015
12th December 2015
- SB QC on Summary of CIVIG Costs Management Judgment
- Rachel Rothwell on PI small-claims: what is the impact?
- John Hayes with Costs Round-Up #38
- Jon Lord on Costs budgeting in cases commenced before 1 April 2013
- Litigation Futures on Rule Committee sets shorter deadlines for filing costs budgets
- Litigation Futures on the Reid case in First ever ruling punishing losing defendant for rejecting offer of costs ADR
- Rachel Rothwell on New timeframe for filing costs budgets
- Matthew Arnold & Baldwin on the Abdulle case in The Court of Appeal will not readily interfere with a lower court’s reasonable exercise of discretion on strike out for non compliance.
- Attain have a number of posts on budgeting, see, Budgeting basics #10 – The separate “rule” for interim applications.
8th December 2015
- The BBC consider “The difference between lying and misleading”
- Anis Waiz on Part 36 offer by Counter Claiming Defendant. A matter of construction
- Lawyerist on The Strangest Things Lawyers Have Tried to Bill for.
- Legal Futures on Professional Negligence warning over PI, commercial and family work
- Litigation Futures on the Property Alliance case in High Court: no litigation privilege for recordings of meetings where witnesses “deliberately deceived”.
- Kerry Underwood on Jackson’s Children updated: Children, patients, costs and deductions from damages.
- Litigation Futures on Defendant with counterclaim not entitled to benefits of claimant’s Part 36 offer.
- Litigation Futures Court of Appeal rules third-party capture insurer still has to pay solicitors’ costs.
- The Law Society Gazette on New Timeframe for filing costs budgets
2nd December 2015
- DWF on Fundamental Dishonesty found in late notified claim
- Stoke Newington Chambers on I don’t shoot from the hip
- Tom Bell of Hardwicke Chambers on When does the clock start ticking? Limitation and the Privy Council case of Maharaj -v- Johnson
- Lawyerist How to Turn Lawyers into Better Writers
- Kerry Underwood on Kerry’s Blogs: a Guide
- Kerry Underwood on Assignment of Conditional Fee Agreements Unified.
- Masoon Ahmed on the Defence of tender before claim
- Shoosmiths on Biting on the LIP: a clear message bad behaviour will not be tolerated.
- Clifford Chance on the Van Oord case in An Expert Horror Story
- Kennedys: Arbitration; reluctant overseas witness
25th November 2015
- The Practical Law Dispute Resolution Blog reviews Papers from the Civil Procedure Rules 9 October meeting
- Kerry Underwood on Third Party Funding: Saviour of the Law?
23rd November 2015
- John Hyde on Call to make electronic filing mandatory in Rolls Building.
- ERDAL TURNACIOGLU (On US practice) Facebook Notification: You’ve been served.
- Jordan Furlong on How to be a legal marvel
- The Association of Costs Lawyers report Rule committee agrees to divide bills that straddle Jackson reforms.
- Melissa Jones asks Can dogs bring legal proceedings?
- DWF report Jackson in action: Case Law
- Byrne & Partners report High Court considers threshold test in security for costs applications
- Darlingtons on Litigation letter of claim – why is it so important?
- Kerry Underwood on CMCs, DBAs & Recovered Costs
- Kerry Underwood on Issuing Small claims together to make one big claim.
- Kerry, again, on Personal Injury Small Claims limit going up?
- Kerry, finally, on Jackson and the “Oppressive exemption to my rules.”
- On the same point Litigation Futures Bar Council and ABI calls for permanent exemption from LASPO for insolvency cases
- Litigation Futures on the Wilsons & Justs Costs case in Court of Appeal: costs judges have wide discretion over costs of Solicitors Act assessments.
- Nearly Legal on Possession Claims by Trustee in Bankruptcy
17th November 2015
- DWF on Late claims found to be an abuse of process
- Walker Morris on Limitation Rules
- Kerry Underwood on QOCS: Another couple of cases
- Kerry Underwood on Part 36: Five more anti-claimant cases
15th November 2015
- Lawyers Weekly – E-signatures spell trouble for lawyers
- Walker Morris consider – When to seek summary judgment
- Litigation Futures Civil courts could introduce online screening of cases
- Litigation Futures on the Rallison case Ruling on interim costs payment reveal judge’s proportionality concern
- Litigation Futures on the Ong case – High Court allows limited separate representation of co-claimants.
- Kerry Underwood (and Robert Males) Costs Management Orders & Costs budgeting: revised
- Kerry Underwood: Commercial Litigation: Fixed costs coming in?
- Kerry Underwood – Counsel’s fees in fixed recoverable costs cases
- Chris Rafferty on the Absolute Lofts case in Even a single page missing
- Colin Richmond on Fixed Recoverable Costs apply in some Multi-Track claims.
- Theo Barclay on the Kite case Addressing the Opportunistic Use of QOCS.
10th November 2015
- Nearly Legal on the Rickard case in Over egging it.
- Lawyerist on 5 handwritten pleadings that will make you lose faith in humanity
8th November 2017
- Costs sanctions for refusal to mediate on the Lexis PSL Dispute Resolution Blog
- Walker Morris on Litigants in Person CPR Changes.
- Litigation Futures reports Proportionality trumps necessity to cut SCCO costs claim.
- Kerry Underwood aks Is a £1 million ex-portal claim subject to fixed costs?
- “Proportionality is meaningless, incapable of sensible definition and therefore its imposition is arbitrary and unfair.” Kerry Underwood in Proportionality: has one judge had enough?
- The Law Society Gazette reports: Leading Judge tells expert witnesses to find “common ground”.
- John Hyde on the Guy’s case in Judge slashes clinical negligence claim by two-thirds.
- John Hyde on the GBM Minerals case in Judge gives “opportunistic” litigants costs warning.
3rd November 2015
- John Hyde – Claimants want to avoid court but still shun mediation – MoJ poll.
- Kerry Underwood on Disposal Hearings – Which Fixed Costs are Payable?
- Kerry Underwood on Costs budgeting: Guidance in the BP Case
- Kerry Underwood asks Is QOCS only lost when you don’t need it anyway?
- Litigation Futures on IPs hit back at Jackson: ending LASPO exemption would create “windfall” for third-party funders
- Litigation Futures reports Companies can be represented by McKenzie Friends.
- Jasmine Murphy of Hardwicke on Escaping the QOWCs Web
- Martyn Griffiths of Hardwicke on Ex-Protocol Claims attract fixed costs even on the multi track.
29th October 2015
- Burcher Jennings have The Costs Cappuccino
- Litigation Futures IPs hit back at Jackson: ending LASPO exemption would create “windfall” for third-party funders.
- A&M Bacon on J-Codes – a Warning from America.
- RICS on the importance of mediation guidance
- 23escommercial on SI 2015/1569: Doesn’t Sound so Earth Shattering, Does it?
- Kerry Underwood on Qualified One Way Costs Shifting and Hybrid Claims
- Litigation Futures on the BA case is High Court strikes out group action brought on behalf of 65,000 companies.
- Litigation Futures on the Dorchester case in Statements made in open offer do not constitute admissions
26th October 2015
- DWF have a report of a fundamental dishonesty case in Gamsby -v- Rowland
- Kerry Underwood in the New Law Journal in We need to talk about the ABS fiasco.
- Kerry Underwood again on National Pro oh no week!
- District Judge Glover writing in the Law Society Gazette LiPs do cause delays
- Keoghs on the Deregulation Act 2015: key implications
- Keoghs on Trials and tribulations: a glance at recent trials involving fraud rings.
25th October 2015
- Legal Studio on Agincourt, archery and legal practice in We few, we happy few….
- DWF on Jackson in action – case law.
- The Law Society Gazette on Mischon loses sanctions appeal after DLA’s Late Notice
- The Law Society Gazette on Jackson: drop “oppressive” exemption to my rules.
- Rachel Rothwell on A little help for smaller business clients
- Andrew Hogan asks: Assignment of CFAs: will “back up” CFAs work?
- PIBULJ on the Sharma (pre-action disclosure) case in Sharma -v- Cropz of London Limited
- Keoghs client briefing on Set-off of defendant’s costs against claimant costs and damages.
- Kate McKinlay of Zenith Chambers on Six months on and what’s the prognosis for Medco.
Kerry Underwood has been very busy writing. Here are his latest posts.
- Portal issue fee to be introduced
- DLG Legal Services and Solicitors Code of Conduct
- Direct line of direct lying – Insurers at it again?
- Settlement agreements in personal injury
- Insurers at it again (5)
- Tram accidents: do they go in the portals?
- Ever seen worse th>n more>n? Insurers at it again (6)
18th October 2015
- Comstocks on Legal English as a Second Language
- The Association of Costs Lawyers on the Involnert decision in Judgments Act interest should not run until three months after decision, says High Court.
- The ACL on the Hertel case in Defendant manages to overturn its own Part 36 offer.
- Giles Peaker on Deposits – the White Book is wrong.
- Joanna Hastie of Zenith chambers on Strict approach to defendant’s non-attendance at trial.
- Kerry Underwood on Assignment of CFA’s not possible: Jones -v- Spire Healthcare considered.
- Kerry Underwood provides a Litigants in person update.
- Litigation futures Alternative Fee Arrangements gaining ground, litigators say
- Litigation Futures also reports Mandatory pilot of new bill of costs postponed.
- The Law Society Gazette reports that Court closures contradict PM’s equality rhetoric
- The Law Society Gazette on Compensation Culture? Test more claims in court, says Dyson.
11th October 2015
- The law Society Gazette on Justice System must adapt to life without lawyers – LCJ
- Rachel Rothwell on the Spire Healthcare case Costs denied over lack of CFA retainer.
- Kerry Underwood on Assignment of CFAS Not Possible: Jones -v- Spire Healthcare considered.
- Litigation Futures on High Court judge recuses himself over risk of “personal embarrassment”
5th October 2015
- Masood Ahmed on Costs and preparing budgets
- Litigation Futures: Further court fee hikes “a denial of justice”.
- The Law Society Gazette reports on Rare costs win in care case
- Costs Barrister has the full judgment in Jones -v- Spire Healthcare Limited – Assignment of CFAs
- The Law Society Gazette on How to: plan for a crisis
- Costs Barrister Blog on Being Nice (the costs implications of refusing to mediate)
1st October 2015
- The Law Society Gazette on High Court scheme brings in one-year litigation target.
- Paul Darling QC on Fraser J and the Future of the TCC
30th September 2015
- Costs budgeting by Matthew Harman
- Matthew Arnold and Baldwin on Changes to the CPR with effect from 1 October 2015
- Bitter Lawyer on Tips to Manufacture Outrage in Legal Writing.
- Kerry Underwood on Bankrupts: avoiding acting for them
- Kerry Underwood again on Contentious Business Agreements
- The final piece of the trilogy from Kerry on ADR Regulation for Solicitors: 1 October 2015
- Chris Rafferty on: Is that the sound of change to NIHL claims?
- Maxine Best on ATE Premiums and Success fees under CPR 21.
- Simmons & Simmons elexica on The shorter, earlier and flexible trials procedures initiative.
- Lexis Nexis Dispute Resolution on New pilot schemes for Rolls Building claims issued on or after 1 October 2015.
- Jon Lord on Litigation friends and the challenges with CFAs: is there a need for change?
- Bolt burdon on The costly effect of incurring disproportionate costs.
24th September 2015
- Griffin Law on Court warning on complying with time limits
- Janna Purdie asks Amended Claim Form: Is there a requirement to reseal before service?
- Solicitors Journal on “ A lamentable tale of case summaries”
- Harmans Costs Brief for September 2015
- The Law Society Gazette on How client interview skills can raise the stakes
- Lawyerist on Want to destroy your case? Throw in the kitchen sink.
16th September 2015
- West Lakes Legal Costs on ATE: Insurance Premium Tax Insurance
15th September 2015
- DB Family Law on Without Prejudice Rule Immunity – Unrevised
- The Law Society Gazette on Court fee hikes will tip justice balance towards rich – bar.
- Millnet on EDiscovery Strategy – Back to Basics
- A very telling comment on a book review in the British Dental Journal: Reviewing the Review
- Horwich Farrelly on Costs Budgeting Reforms
- Yale Law School on the Truth about the Billable Hour
11th September 2015
- Lucy McCormick on CFAs and the Cancellation of Contracts Regulations in Attack of the Zombie Regulations
- Litigation Futures on the Hyde case in Firm validly switched client to CFA despite not serving LSC with notice of discontinuance
- Litigation Futures on the Surrey case in Client did not give informed consent to move from legal aid to CFA, costs judge rules
- KainKnight on Common costs and issue based costs orders
- Patrick Allen on costs budgeting in Time to think again
- Only part of this is publicly available, but you will get the drift from the opening, District Judge Law on A Lamentable tale of case summaries
- Lexis Nexis Comet on Judging Judgments: Lessons in plain English and good presentation
- Also on Legal writing, Bryan Garner in the ABA Journal on Good headings show you’ve thought out your arguments well in advance
- Tom Snelling and Kim Sofroniou on The Witness statement as we know it – an endangered species? Lessons for those litigating in the English Commercial Court.
- Rachel Rothwell asks Will budgeting changes make any difference?
- Herbert Smith Freehills on Civil Justice Council recommendations for reform of Damages-Based Agreements (DBAs)
- Richard Thomas considers access for justice for SMEs in An expensive day in court
- Stevan Stratton on What Equality would mean for the Insurance Sector.
4th September 2015
- Anthony McCarthy on If you need a blog on court fees – I’m your man. (Be warned it starts “Some of the stupidest people I have come across are lawyers. Pompous windbags with no common sense usually photographed smiling smugly in front of shelves of law books they’ve never read”
- Chris Dale on Judge Peck and former Senior Master Whitaker discuss e-Discovery v eDisclosure in the US and UK
- Law Society Civil Litigation Section on “Insurer invokes ‘fundamental dishonesty’ to see off claims.”
- The Law Society Gazette on Defendant Dishonesty
- RPC Financial Services Blog on Otkritie and the “Aldi Requirement”
- GWS on Proportionality and additional liabilities.
- Litigation Futures on CJC outlines reforms to make DBAs more popular
- Herbert Smith Freehills on Civil Justice Council recommendations for reform of Damages-Based Agreements (DBAs).
- The New Law Journal Civil Way covers changes to the CPR and service charges
- Lexis Nexis Dispute Resolution on When is expert evidence “reasonably required” under rule 35.1?
- Eversheds: Experts & lawyers behaving badly: what sanctions or measures are open to tribunals?
27th August 2015
- Andrew Lawson on the new fixed recoverable costs regime: Fixed Recoverable Costs in Multi-Track cases.
- Litigation Futures on QOCS protection lost after canoe claim struck out
- The Law Society Gazette on Ministers fixating on claimant cost
- Litigation Futures on the Kerins case in Law firm loses 50% of costs for hiding existence of second CFA and BTE
- Jennifer Haren on two important decisions and Two Lessons to be Learnt
- The Steve Cornforth Blog on The Days the QOCS stopped.
- Rachel Rothwell on the Royal Mail Group case in Success fees: a word of warning
26th August 2015
- Interesting reading for every costs lawyer. You charged for what? Red-Flag Bills.
- Some really good material from LexisNexis Comet, Paul Caddy on How to write legal documents that work: tip from top judges
- From the same source as above: Judging judgments: lessons in plain English and good presentation.
- Lexis Nexis dispute Resolution on Chancery Division: agreed extensions of time and sealing Tomlin Orders
23rd August 2015
- Legal Orange on How to dupe a claimant where the claim is on the “blurred lines” of the small claims/fast track.
- Litigation futures on Bills must be split for work carried before and after 1 April 2013.
- Kerry Underwood on Law’s Parasites.
- RPC Commercial Dispute Blog on Court confirms its wide discretionary power to extend time in consent orders.
- GWS on Cost of drafting Precedent H
- BLM on Costs – All Change Again
- Walker Morris on Forfeiture and a landlord’s ability to recover costs
- The Law Society Civil Litigation Section on Proposed Court Closures and interactive map.
- The Home Office on Judicial Review Guidance (Part 1).
- Nigel Poole Q.C. on the proposed fixed costs in Clinical Negligence Cases: Alarming or Alarmist?
- Lexis Nexis Dispute Blog on the North Midland Construction case in High Court takes unforgiving stance on request for relief from sanctions.
18th August 2015
- Lawyer Watch on the quality of brief writing in Big Data and the Linguistics of Law
- Litigation Futures on the Royal Mail Group decision in Ruling casts doubt on PI lawyers’ model of recovering success fees from damages.
- Jeremy Hopkins on Lawyers and the great innovation success story.
15th August 2015
- Andrew Hogan writes Fiat Justitia Ruat Caelum? (Which roughly translates as Andrew doesn’t agree with the decision in Coventry.
- Litigation Futures on the Sarpd Oil case in Refusal to Demonstrate ability to pay costs is justified litigation tactic, High Court accepts.
14th August 2015
- The Law Society Gazette Infographic lays bare impact of court closures.
- A sorry tale from Legal Futures “Panicked assistant solicitor fabricated counsel’s advice and expert reports”.
- Rachel Rothwell on Court fees discouraging settlement.
- Recommind on eDiscovery ethics:9 steps to competency
- Suesspiciousminds on “Just Glanced?” Court of Appeal Find Judge to have been unfair.
- Lexis Nexis 5 questions future lawyers should be able to answer
- John Hyde on “No, Mr Lawyer, we expected you to die”
- Construction Blog on Bias and judicial recusal (again).
- New Law Journal on the court fee increase consultation and Rising Pressure
- Litigation Futures on Pilot of new-style bill of costs to start in October.
10th August 2015
- Out-Law.com on the Urgent Structural Reviwe of English civil law.
- Litigation Futures on Rule committee bids to ease burden of costs management
- The Law Society Gazette on Government ponders £250k fixed fee limit for clin neg.
- Jeremy Fowler of Wright Hassall on Courts applying “loss of chance” principles.
- Stephen Dobson asks Are you letting your clients down over funding?
- Richard Harrison on the role of project management in the litigation process in A suitable project
7th August 2015
- Katy Sandel of Kitsons Solicitors on the recent decision of Michael Wilson & Partners Ltd v Sinclair & others  EWCA Civ 744 in Relief from Sanctions
- Simon Gibbs of Gibbs Wyatt Stone New Bill of Costs Format Released
- The Law Society Gazette on Court-appointed experts?
- Litigation Futures Court of Appeal: Tenants on small claims track can be ordered to pay more than the costs of issue
- The Law Society Gazette Costs budgeting rules to be lifted for child claims
- Litigation Futures Claimant protected by QOCS despite earlier CFA, costs judge rules
- Jasmine Murphy on Part 36 Offers and the Litigant in Person on the Hardwicke Articles page
- The Law Society Gazette on the Test scheme to cut commercial litigation to a year
- Herbert Smith Freehills on the New “gateways”for serving proceedings on defendants out of the jurisdiction at common law
- The Law Society Gazette Number of barristers conducting litigation growing
1st August 2015
- The Law Society Gazette on MoJ proposes new round of court fee rises.
- First of a trio of posts from Kerry Underwood Courts grant themselves relief from sanctions.
- Second Medical Reporting Organisations about to be banned?
- Third No costs from anyone in CFA case if no notice of right to cancel.
- The Law Society Gazette “Grossly excessive” costs budget slashed by £400k
- Legal Orange on Rate my Lawyer Dot Com
- Litigation Futures Thomas & Dyson Commission “urgent review” of civil court structure.
- Finalise budgets later in the process, say costs lawyers.
- Above the Law on 11 reasons why its so hard being a lawyer (Part 1).
- Mark Henley writes on Allocation issues for low velocity impact and fraud road traffic cases.
- Elliot Kay on Setting aside notices of discontinuance & QOCs
- Rebecca Jones on QOCs and Kite -v- The Phoenix Pub Group in the Hardwicke Case Reports page.
- The Litigation Edge Blog on Singapore Slings: the new cocktail of dispute resolution procedures in Singapore.
21st July 2015
- SPH Costing Services on Part 8 Costs – Part of Assessment costs?
- Kerry Underwood reviews the Law Society guidance on Vulnerable Clients.
- Chris Dale highlights a forthcoming webinar: eDiscovery best practices when dealing with email archives.
- Martin Partington considers: Litigants in person: a problem for the civil justice system or a catalyst for change.
- Herbert Smith Freehills considers The dangers of time-limited Part 36 offers.
19th July 2015
- John Hayes has a Costs round up for July 2015
- Catherine Duffy of Zenith Chambers on the Ardila case in Application for strike out inappropriate where a single failure to comply.
- John Collins on Precedent H – a Little Clarification.
- Bronia Hartley on the New Uninsured Drivers’ Agreement
- Litigation Futures on the Davies case in Judge attacks insurers for tactics “redolent of an era which had begun to fade into history.”
- Kerry Underwood on Part 36 anti-claimant bias continues.
- The Injunctions Blog on High Court gives Guidance on the procedure for applying for an injunction in support of foreign proceedings.
- Lexis Nexis Dispute Resolution on CPR Changes: 10 changes from the CPR Committee June 2015 meeting.
- Rollits on neutral evaluation in Where Family Law leeds Civil Litigation Follows
- The Association of Costs Lawyers on Finalise Budges after CMC
- Nigel Poole QC in lyrical mood At the Local Court
- Litigation Futures on the Cotch case: Time to banish “procedural squabbles” to keep costs proportionate, says senior judge
- Kennedys on Interim Payment Applications:be on time, be late, but don’t be early
- The Commercial Disputes Blog on New financial super court to further enhance London’s profile as a financial dispute hub.
12th July 2015
- Above the Law on 2 career-limiting mistakes lawyers make during meetings
- The Law Society Gazette on Jackson refuses relief for “chaotic” trial bundles.
- The Law Society Gazette on Court levy U-turn for asbestos victims
- Litigation Futures on MOJ: “Not our intention” that mesothelioma victims should use state compensation to fund court fees.
- The Law Society Gazette on Revised appeal court limit to replace “unrealistic” deadlines.
- Legal Orange on A judge ignoring an application
- Kerry Underwood writes on Fundamental Dishonesty, Striking out and Human Rights Act
- Litigation Futures on Jackson issues costs penalty for bundle that proved “obstacle course”
- Litigation Futures on Judge was wrong to accuse solicitors of exaggerating bill
6th July 2015
- Chris Dale on Smailes -v- McNally again: relief from sanctions refused after serial eDisclosure failures.
- The International Law Office on Electronic Disclosure – the perils of ignoring disclosure requirements.
- Kerry Underwood on QOCS, Costs and Discontinuance.
- Litigation Futures report High Court abandons costs budgeting for clinical negligence claims to clear backlog.
- Litigation Futures Judges “can undertake early neutral evaluations” to help resolve cases.
- Legal Orange on The Merry Go Round of Recovering Money Back from the Court
- Legal Orange on The Long Winding Road for an Unless Order
- Andrew Barholomew on How e-Discovery is Changing the Rule of Paralegals
- SPH on Requesting Provisional/Detailed Assessment – avoiding potential pitfalls.
- Walker Morris on Litigants in Person: Essential new guidelines
25th June 2015
- Kerry Underwood on Doing Defence Differently.
- DWF on Jackson in Action – Case Law
- Nabarros on An Expert must be Independent
- Nabarros on Reforming Part 36:10 things you need to know.
- Walker Morris on The Lawyer: Civil Litigation changes: an overview for in-house lawyers.
- The Injunctions Blog on New Guidance for Chancery Masters on the Grant of Injunctions.
- Global Legal Post on The price and Risks of Costs Budgeting
- Nigel Poole QC on Saving Costs in Clinical Negligence Claims
- Janna Purdie in Lexis Nexis Dispute Resolution on Supreme Court considers interaction between adjudication and the Limitation Act 1980.
- Chris Dale asks the pertinent question “How did we ever manage without the Civil Litigation Brief?”
- Litigation Futures on Judges can make significant changes to transcripts after giving oral judgments, High Court rules.
- Legal Orange on It appears the good judges sit in Norwich County Court.
- The Law Society Gazette on High Court judgment slates “highly excessive” fees.
- The Law Society Gazette on Gove admits more courts will close in efficiency drive.
17th June 2015
- Practical Law Construction Blog on the Aspect Contracts decision Supreme Court rules on limitation period for challenging adjudicator’s decision.
- Practical Law Construction Blog on Adjudication and consumers revisited.
- Wright Hassall on Rules, Costs, and Litigants in Person.
- Litigation Futures considers the BPE case in Trustee in Bankruptcy not personally liable for costs of previous appeals.
- My colleague Jonathan Holsgrove on No relief for being a litigant in person.
- Kerry Underwood on Personal Injury and Fundamental Dishonesty – Client Care Wording.
- Harmans Costs Brief covers Crowdfunding, surcharges, judicial review funding and the guidelines for litigants in person.
15th June 2015
- Nabarro – Costs budgeting – Jackson recommendations
- Andrew Hogan on The Aarhus Convention and Costs
- Family Law Week on Relief from Sanctions in the Family Courts
12th June 2015
- Sue Nash writes that Costs budgeting is here to stay.
- Litigation Futures reports Dispute over portal “drop-out” cases leapfrogged to Court of Appeal.
- Joanne Hastie of Zenith Chambers on a non-party may apply to set aside default judgment if they are “directly affected”.
- Legal Orange warns Don’t forget the basics.
- Elliot Kay on relief from sanctions and Be sensible of be prepared to pay.
- John Hyde on Costs budgeting training needed for legal profession.
- Litigation Futures on Budget-busting solicitors ploughing ahead without court approval.
- Herbert Smith Freehills on the Thai Airways case in Part 36 sanctions delayed until defendant had information needed to assess quantum.
4th June 2015
- The Solicitors Journal on Commercial Litigators are incurring costs over and above agreed budget levels.
- Dominic Regan on Confronting Costs Management
- Practical Law Resolution Blog on CPR 6.14 and the deemed date for service of the claim form:
- DB Family Law on Unlawfully obtained documents: a new look.
- Withy King on What is meant by a “fundamentally dishonest” claimant?
- Litigation Futures on the Heart of England case in “Suspicion and speculation” not enough to reduce medical negligence ATE premium
- Litigation Futures on the Gallilford Try case in Coulson J lays down the post-Jackson law on late amendments.
- Rawlinson Butler on Recent Reforms to Part 36 – a series of half measures?
- Horwich Farrelly on Fixed costs in cases involving Disposal Hearings – a bending of the rules?
- Kain Knight on Mediation in Costs Assessments.
1st June 2015
- Sue Nash on costs budgeting and Three Cheers for Sir Rupert
- Chloe Smith on Courtroom abuse sparks new McKenzie friend fears
- Clinical Negligence Law on Jackson LJ: Clinical negligence challenges to be tacked head on
- Andrew Hogan on Costs Budgeting and evidence based policy.
29th May 2015
- Steve Cornforth on Human Rights Act – the Blog that never was.
- Litigation Futures on Decision to switch from legal aid to CFA on eve of LASPO ruled reasonable.
- Legal Orange on The Growing Problem of a lack of standing to bring a third party claim arising from insurance claims
- Justin Crossley of Zenith Chambers in Part 36 penalties in detailed costs assessments
- John Collins of Zenith Chambers on Defence – some personal reflections.
- Colin Richmond on The Future of Costs Budgeting.
- The Law Society Gazette on Professional Negligence warning over Costs Budgeting
- Simon Edwards in the Practical Law Dispute Resolution Blog on Costs management is here to stay.
- GWS on Contents and Timing of Replies to Points of Dispute
- Anthony Gold Solicitors on New personal injury pre-action protocol.
- NIPC on seeking an interim injunction – be careful what you wish for
19th May 2015
- Ian Miller reviews Jackson L.J’s speech in Costs budgeting: reforms on their way…
- Harmans Costs Brief for May 2015
- The Law Society Gazette on the Brown case in Legal aid legislation “disgracefully complex”.
- BLM Policy Blog on Confronting Costs Management
- Herbert Smith Freehills on Possible further changes to costs budgeting rules
- Andrew Hogan writes on Assignment of conditional fee agreements.
18th May 2015
- Dominic Regan asks What has gone so badly wrong with budgeting.
- Janna Purdie on 6 costs issues for 2015:choppy seas ahead
- Alexander Hutton QC on J-Codes Update
- Litigation Futures Judges unveil streamlined trial procedures for commercial cases
- The Consultation Document for the procedures can be found here.
- The Law Society Gazette on Civil Procedure: costs recoverability
- Ruwena Khan writes on Costs Orders, Discontinuance and CPR 38.6(1)
- Nicola Phillipson on Denton and delay: to what extent should delay impact upon an application to set aside judgment?
- Legal Orange on 20 pieces of advice for trainees.
- Rachel Rothwell writes Courts confused on CFAs
- The Solicitors Journal consider a judge’s concerns that Practitioners avoid applications to vary costs budgets.
- Richard Harrison provides a checklist for the less experienced expert witness in The inexpert expert
- John Hyde on Jackson: costs management is here to stay.
- Litigation Futures MR questions Jackson’s call to give courts costs management “opt-out”.
- John Hyde again on Jackson’s escape route comes at a heavy cost
- Jackson LJ’s speech Confronting Costs Management is available in full.
- Ruth Pratt on Lexis Nexis blog Part 36 and the additional amount in detailed assessment case.
11th May 2015
- Andrew Hogan has his address to the ACL on Evolution and Revolution in Litigation Funding
- Litigation Futures on the Cashman case High Court overrules Senior Costs Judge on Part 36 uplift in detailed assessments.
- Litigation Futures on the Chinnock case in Jackson: Lawyers must say “bluntly” if claim has no prospects of success.
- Dominic Regan, writing in The new Law Journal considers percentage costs awards and Part 36 offers in The Litigation Lottery
- Gov.UK has prepared a paper 2010 – 2015 government policy: civil justice reform
- Francesca O’Neill in piBlawg on Costs Budgeting – Time for change
- The Law Society Gazette on the Chinnock case in Firm cleared of negligence over “robust” rejection of claim. (As ever the comments are worth a read).
8th May 2015
- Kerry Underwood (writing pre-election) argues CPR Committee:More dangerous than UKIP
- Alexander Learmonth discusses split trials and Part 36 in A trap for the unwary
- Just Costs on Court of Appeal urges pragmatism in relation to costs of repleaded cases
- The New Law Journal asks Could “registrars” save civil justice?
- The Guardian Open letter condemns legal aid cuts calls on new government to restore justice
- Cait Sweeney reports on Changes to the Practice Direction on pre-action conduct.
- The Lexis Nexis Dispute Resolution Blog on Costs budgeting insights: Recent case guidance.
- Litigation Futures report on the James -v- Ireland case in High Court refuses 100% success fee because trial had not started
- Litigation Futures on the Griffiths case in Judge fires costs warning in face of “documentary carpet bombing”.
30th April 2015
- The Law Society Gazette reviews the Procter case in Negligence appeal upheld over “commoditised” advice.
- DWF consider the BPC hotels case in Limitation and “deliberate concealment”.
- The Lawyer has a section by Addleshaw Goddard on New CPR Part 36: a clarification on offers to settle.
- Litigation Futures on the Monks case in Late Applications to amend come a cropper in High Court.
- Litigation Futures on the Fouda case in High Court: No relief from sanctions for “serial offenders”
- Legal Orange on The Diminishing Need for Instructing Costs Draftsman for disputes that fall into the value band of provisional assessment claims.
- Kerry Underwood on the Interplay between ATE Insurance and Professional Indemnity Insurance.
- Kerry Underwood on Portals and fixed recoverable costs: 76 FAQ’s
- Commercial Disputes Blog on High Court considers iniquity exception for disclosure of privileged documents.
27th April 2015
- Clinical Negligence Barrister on The New Clinical Negligence Pre-Action Protocol.
- The Law Society Gazette on Costs judge warns on budgeting delays
- Jonathan Goldsmith in the Law Society Gazette on Long Live the Cab Rank
- Kerry Underwood on Personal Injury: QOCS, s.57 and 10% uplift.
- Litigation Futures reports on the XYZ case in Indemnity Principle argument fails to stop payment on account of costs in CFA case.
- Harmans have their cost seminar resources on line.
- The Solicitors Journal on “Reckless” expert witness struck off by GMC
- The Law Society Gazette reports Solicitors concerned over judge replacement pilot.
- Harry Spendlove asks Could Crowdfunding become a viable means of financing commercial litigation?
24th April 2015
- Kerry Underwood on CFAs: Never name the Defendant
- Lawyerist on How to prepare for Oral Argument
- The Law Society Gazette reports Dyson: “we must simplify Civil Procedure Rules”.
- Mark Gould on Spending Time & Money
- Shaun Walbridge on Paperless Trials – a perspective from the witness box.
- Jackson LJ on The Professions: Power, Privilege and Legal Liability.
- The No 1 Predictor of Career Success
- Interesting view on word count: Squished-together words don’t count as one, Federal Circuit says; appeal is tossed.
- A short note from Dominic Regan on Part 36 (half of the offers made are defective).
- Litigation Futures reports Jackson carrying out costs budgeting “research” before major speech.
- Legal Futures on Dyson: Follow the French lead in embracing online dispute resolution.
21st April 2015
- Bronia Hartley of Zenith Chambers on Costs Management, Proportionality & How the Courts will approach costs incurred across the 2013 divide
- Colin Richmond of Zenith Chambers on Review of Costs Budgeting Process by Jackson LJ
- Jonathan Holsgrave of Zenith Chambers on No Change to Guideline Hourly Rates for Fee Earners.
- Litigation Futures reports on the Begum case in Jackson has mercy on claimant whose damages were wiped out by “swingeing” costs order.
- Litigation Futures report that Dyson freezes guideline hourly rates indefinitely.
- Litigation Futures on the Zhunus case in High Court judge urges commercial practitioners to cut out the insults.
- Kerry Underwood considers the change in the law in relation to Inducements in personal injury cases
- DWF report on An Audience with Lord Justice Jackson: reviewing costs management.
- Kain Knight on Life after Mitchell and the New Part 36.
16th April 2015
- LexisNexis Dispute Resolution on Excalibur – more twists and turns and a sting in the tail for co-funders?
- Nearly Legal looks at some of the loose drafting in the Pre-Action Protocol Claim for social landlords in Protocol Problems.
- Lexis Nexis Dispute Resolution on Main PI changes April 2015: CPR, protocols and legislation.
- The Injunctions Blog note that Power of High Court Masters and District Judges to Grant Injunctions Significantly Extended.
- Lawlords Blog on Costs budgeting – For better, for worse until death do us part!
- DWF review Jackson in Action: case law
- Commercial Dispute Resolution considers Evidence & Advocacy
- DWF report QOCs protection lost after finding of fundamental dishonesty at trial.
- Litigation Futures on the “Birdseye” case in Legal professional privilege was waived, High Court rules in probate dispute.
- Denton Bear on The Grizzly Art of Cross-Examination (1).
12th April 2015
- The Law Society Gazette on Court Fees,the decision not to proceed with judicial review and Keeping up the Fight.
- The revised Practice Directions on Pre-Action Conduct.
- Consumer Credit Litigation, Banking and Debt Collection Blog on Litigants in person… my worst nightmare
- Gough Square Chambers on CPR Part 36:New Rules
- Mills & Reeve on The Rise of Indemnity Costs
- Sterling Costs on CPR Part 36 – the rules you need to know.
- Dominic Vincent & James Whittaker on LASPO & insolvency in A temporary reprieve?
- Legal Orange on A Solicitor’s Nightmare
- Zenith Chambers PI Monthly round up
- Nearly Legal discusses the Davis Solicitors case in Well I wouldn’t start from here
- Litigation Futures on Law Society drops plan to bring JR over court fee rises.
8th April 2015
- Anthony Gold on Can it be said that litigation is an “optional activity”?
- Nearly Legal on Mystery Pre-Action Protocols.
- Legal Orange on Proportionality has ruined £10,000 – £20,000 cases.
- Kerry Underwood on Exaggeration = fraud – Key Court of Appeal cases.
- Bronia Hartley on Part 21 – Children & Protected Parties – New Scheme where solicitors seek a payment out under a DBA or CFA
- Denton Bear’s blog on Learning the Pleading Obvious.
- Bronia Hartley again on Permission for Oral Expert Evidence – when should you get it?
2nd April 2015
- The Supreme Court have a revised Practice Direction on Leapfrog appeals.
- There is also a Practice Direction on Bundles in the Supreme Court
- The Chancery Bar have a note on Service out of Jurisdiction – Trust Claims
- Andrew Mitchell of Park Square Barristers writes on Part 36 of the CPR – Offers are Changing.
- Lexis Nexis Dispute Resolution Blog on Latest News on the Pre-Action Protocols revised for 6 April 2015
- Denton Bear writes on skeleton arguments and other forms of written advocacy in Writing to persuade: the bear necessities
1st April 2015
- Simon Clegg of Park Square Barristers writes on the Ahmed case in Pleadings and putting to proof – an update.
- PJ Kirby of Hardwicke Chambers asks Is the Defendant worth suing?
- Litigation Futures discusses the Weymont case in Appeal judges condemn district judge who failed to give any “adequate reason” for ruling.
- The Law Society Gazette in Insurer loses bid to tear up settlement based on dishonesty
- Litigation Futures on the Hayward case in Those who settle claims with “eyes wide open” cannot revise them, appeal judges tell insurer.
- Kerry Underwod on Jackson: 2 years on
- Rachel Rothwell on Two Years of the Jackson Reforms
- Denton Bear writes on The different types of judges and spending time well
30th March 2015
- Hill Dickinson write on Fundamental dishonesty and the new rules from 13 April 2015
- Kerry Underwood asks – Does QOCS apply where there is a nil success fee?
- GWS on Drafting Notice of Funding (part 1 of a series, part 2 tomorrow).
- Jordan Publishing have an article by Martin Lanchester on The All new Part 36
- Brown Jacobson Insurance Law writes on Part 36 offers – Significant Changes for April 2015
- Bond Dickinson on Insurance Developments 2015 – 2017, Key developments, legislation and cases
27th March 2015
- Simmons & simmons elexica on The art of the settlement offer: the new Part 36
- GWS on Naming wrong defendant in CFA
- Nishma Shah of Harmans on Payments on account – how much is just right?
- Lee Dixon considers the value of hindsight and costs in A Counsel of perfection
- Riverview Law (Heather O’Donnell) asks the question whether the increase in Court fees is a Deterrent to spurious claims or a barrier to justice?
25th March 2015
- Kennedys on Part 36 changes: what do I need to know?
- Litigation futures on 10% uplift to damages insufficient to cover extra LASPO costs.
- Philip Mantle of No 5 Chambers on Avoiding the Accidental Settlement.
- Litigation Futures reports that Hunt goes on for costs budgeting case to reach Court of Appeal after Redfern settles.
- Nicola Phillipson of Zenith Chambers on the Sloutsker case in Relief from Sanctions granted to Overworked Solicitor.
- My colleague Helen Rutherford on NIHL: Disease or Injury and Does it Really Matter?
- Nearly Legal on Relief from Sanctions for not turning up.
23rd March 2015
- Kerry Underwood on Jackson: 2 years on.
- John Collins of Zenith Chambers gives the benefit of his extensive experience (he has been at the Bar since 1955) in Statements of Case – Advice mainly to beginners, but we can all learn.
- The SRA on Walking the Line: the balancing duties in litigation.
- Legal Futures summarises the SRA guidelines in SRA warns litigators not to become hired guns.
- Legal Business on the Boreh case in Gibson Dunn partner found to have “deliberately” misled court.
- Herbert Smith Freehills consider the Property Alliance Group case in High Court orders disclosure despite risk of prosecution for criminal contempt under US law.
- Blake Morgan considers the Olswang decision in The High Court clarifies the jurisdiction of the court to substitute parties under the Civil Procedure Rules 1998
- The Law Society Gazette on How to Sack a Client
19th March 2015
- Rachel Rothwell writes on Budgeting Blues in clin neg
- Elizabeth Repper writes on Mediation update: court fees, proportionality and unreasonable refusal.
- The Telegraph reports Lib Dems to reverse court fee hikes if they win general election
- Kerry Underwood writes on Indemnity costs.
- Litigation Futures writes on the Sloutsker case in High Court grants overlooked law firm relief from sanctions.
- GWS write on Defining “disease” claims
- Legal Futures on MOJ faces more cuts as government promises to improve SME access to legal services
17th March 2015
- Joshua Rozenberg on Legacy of a lay lord Chancellor
- Fionnuala McCredie QC and Paul Bury write on Indemnity costs in adjudication enforcement hearings
- Andrew Venables of Park Lane Plowden writes on Re L: Practice guidance on bundles and translating documents
- Harmans Costs Update covers court fees, payments on account, insurance and child abuse.
- The British Psychological Society has a major publication in The Psychologist as Expert Witness
- The Law Society Gazette reports that Noise-induced Hearing Loss is a Disease
16th March 2015
- Steve Cornforth writes on When is a disease not a disease?
- John Nee on Litigants in Person: How to deal with your opponent’s barrister
- Litigation Future on Local Authorities can rely on costs protection of Aarhus Convention
- Masood Ahmed writing in the Law Society Gazette on Indemnity Costs.
- Katie Fitzgerald in Disclosure:Disclosed on Predictive Coding and Benedict Cumberbatch
- Kerry Underwood gives his itinerary in Kerry on Tour
- Litigation Futures on the Dalton case in Judge criticises insurers bid to cut costs by reclassifying noise-induced hearing loss.
15th March 2015
- Andrew Hogan writes on the Dalton NIHL/Success fees case in Costs Barrister (even has backing music).
- Lawrence Power of 4KBW on the the substantial changes introduced by the New Part 36
- Hill Dickinson write on Costs, the year to date.
- The Association of Costs Lawyers note some important developments in News in brief
- Triton have some important observations in relation to the increase in court fees and professional negligence in Money where your mouth is
- Hogan Lovells consider the impact of the court fees increase in … And justice for all (who can afford it).
- Simmons & Simmons on The new costs regime – examples from the front line
- Herbert Smith Freehills write on the CIP Properties case in High Court highly critical of claimant’s costs budget
- However Percival considers the Sugar Hut decision in Litigation: Conduct affecting a win and its implication on costs
- Nick Rowles-Davies on Exploding the Myths of Litigation Financing
- Talk Business on How to achieve justice in the face of increased legal fees proposals
- Real Business on Can you fight a business dispute without breaking the bank?
12th March 2015
- The Steve Cornforth Blog on The difference between access to justice and collecting stamps
- Legal Business on “So much for the rule of law”.
- Kerry Underwood has been even more prolific than usual there are a number of new posts on his blog.
- Fee remissions update
- Court fee remission Form
- Provisional Assessment
- Costs management orders and costs budgeting
- RPC Financial Services Blog on Part 36-Make your offers early
- Kerry Underwood speculates on a Rules Committee meeting on Part 36 in “All Together Now”
- Andrew Hogan of Ropewalk Chambers has a detailed review of costs in Costs 2015: Emerging Law and Practice
6th March 2015
- Dominic Regan considers the fate of some of the Jackson reforms in What Might Have Been.
- Legalchap on the court fees increase Road to Ruin
- The New Law Journal on Widespread anger over fees hike.
- David di Mambro on Part 36 remastered
- Herbert Smith Freehills report on the Teekay case in Proceedings can be served at UK establishment of overseas company despite claim not arising from that establishment.
- Lexis Nexis on “service” by Facebook in Court “likes” notification via social media
- Litigation Future report on the Davis case in Solicitor who “deliberately decided not to comply” with unless order denied relief from sanctions.
- Katherine Clark, writing in Leasing Life, on The crippling costs of non-compliance.
- Walker Morris Disputes Matter for Spring 2015 covers costs, witness statements, penalties (not the football kind) and judicial review
- The Law Society Gazette considers the Laporte case and Alternative Dispute Resolution.
1st March 2015
- Kerry Underwood gives a comprehensive review of Costs Management Orders and Costs Budgeting.
- Litigation Futures reports Law Society launches judicial review of 600% court fee rises
- Roger Copper from Park Lane Plowden Provides a Costs update
- The Law Society Gazette, John Hyde on Claimant who missed hearing given relief from sanctions.
- Magrath & Co on Part 36 – Cynical Offers, how high can you go…
- From New Jersey – the Garden State Gavel on What Judges Really Want Lawyers to Know.
- Walker Morris on Costs & Compliance: making sense of Jackson post Mitchell and Denton.
- Corporate Live Wire on Litigation and Dispute Resolution 2015
- Kerry Underwood on Coventry: a costs calamity in waiting?
- Litigation Futures on Government abandons plans to end LASPO Insolvency exemption
- Litigation Futures on Judge expresses anger at “flagrant non-compliance” with Commercial Courts rules on pleadings
- EHL group on Litigants “must prove” why cases should be heard in London
- Rollits on The New Part 36
- ILO records that Defendant ordered to pay indemnity costs for expert’s conduct
23rd February 2015
- Litigation Futures on Law Firms need to rethink approach under “fundamental dishonesty” rule barristers warn.
- Insolvency News on Trustees in Bankruptcy can “Facebook” no shows.
- The Law Society Gazette on Grayling faces Magna Carta challenge to court fee hikes.
- Kerry Underwood on New Part 36: April is Again the Cruellest Month
- ACL on CJC calls for online dispute resolution.
- Litigation Futures on Metropolitan Police loses a third of its costs after failure to engage in ADR
- Georgina Square on Clarifying the Role of the Expert Witness
- Optimize on Proportionality of Legal Costs explained
- Legal Insider on “Here’s how we fix Civil Justice in the UK – we follow the ebay model.”
- Legal Orange on A hint for insurance companies insisting upon assignment agreements as a condition of settlement
- Steve Cornforth on Pricing Justice beyond the reach of all but the rich
- The Law Society on The Law Society starts legal action over government’s “flat tax” on court fees.
- Unlock the Law on Justice Online.
- David Rosen on Perceptions and Expectations of Litigants in Person.
18th February 2015
- The Law Society Gazette on the JX case: Anonymity breakthrough in personal injury claims
- The Daily Mash on Legal system to be replaced by what everyone on Twitter reckons
- Litigation Futures on Firms told to protect themselves against a third-party funder who “turns”
- Steve Cornforth on Medical Negligence, Claimant Lawyers and Medals for heroism.
- Kerry Underwood writes on the qualitiies needed for “Swivel Injustice Council”
- Litigation Futures reports ATE insurer not estopped from avoiding policy, High Court rules.
- DWF has a monthly update: Jackson in Action: case law
17th February 2015
- Hardwicke Chambers on Permission for second appeal to CoA secured: Second actions and abuse of process post Mitchell
- The Bar Council on Small businesses chasing late payment will be hit by court fee rise
- The New Law Journal on Insurance Surgery: Up for the challenge
- Hill Dickson on The Insurance Act 2015: a bullet point guide
- The Solicitors Journal on The MOJ should admit the system is failing.
- Harmans on Some interesting costs and procedural cases
- Elizabeth Metliss on The View from the Bench (III)
- An interesting point of view from Toronto: The miracle of motions court
- Steven Pinker on The Source of Bad Writing (You work out why this is relevant to civil procedure).
- There have been many, many articles about “on-line” dispute resolution. Chris Dale asks “Can the MOJ deliver”?
16th February 2015
- Kerry Underwood on Personal Injury Revolutionized: Criminal Justice and Courts Act 2015.
- Kerry Underwood on Costs-shifting and the Year of the Sheep
- The Solicitors Journal on Courts continue to “like” a service of documents through Facebook
- The Solicitors Journal on Court fee hikes to spell disaster for access to justice
15th February 2015
- David Green on “Why are Litigation letters so awful?”
- On the same theme, Lawyerist on How to turn lawyers into better writers
- From an unlikely source of skinsation – 4 life hacks from barristers
- Beale & Company on Up and Coming Changes to CPR Part 36
- My colleague Mark Henley writes on Costs and applications for pre-action disclosure
- Vilma Vodanovic of Zenith Chambers on Conditional Fee Agreements
- Kerry Underwood on Guideline Hourly Rates, Portal Fees and Fixed Recoverable costs: the figures
- Legal Orange on Letter of Claim Guidance
10th February 2015
- The Law Society Gazette review of the first date of the Coventry case Supreme Court defendants slam “grotesque” costs regime.
- Lexis Nexis Dispute Resolution Blog on Enhanced fees and the costs of access to justice.
- Kerry Underwood writes “Proportionality: a mess at the Savoye”
- Liz Repper on Two Rules and some practical tips for mediation.
- James Bickford Smith on The costs of complexity (revisited).
- Litigation Futures reports that Rule Committee raises bar for parties wanting to transfer cases to London.
- Katherine Clark writes on The Cost of non-compliance
- Kerry Underwood writes on QOCS and costs orders against solicitors
4th February 2015
- The New Law Journal on the Simpson -v- MGN Case Costs own-goal in footballer libel trial.
- Lexis Nexis Dispute Resolution on Costs budgets: 3 considerations when deciding what is a contingent budget
- Wigapedia in Legal Cheek on What Judges say vs What Judges mean
- Read the letter to the Times on a 600% increase in Court Fees (and weep).
- The Association of Cost lawyers e-bulletin covers numerous aspects of costs.
- Kerry Underwood on Clinical Negligence – Defendants at it again.
- Al’s Law on Capita ordered to pay costs after failure to provide court interpreters
3rd February 2015
- Out-Law.com report Court of Appeal: conditional fee agreement with consumer unenforceable if notice of right to cancel not given
- Keoghs Client Alert on A disposal hearing is not a trial.
- Kerry Underwood on Instruct a lawyer: a new idea.
- Lexis Nexis on Costs Budgets: 3 considerations when deciding what is a contingent cost
- Sarah Jackson on The Murky World of Litigation Budgets, Recoveries and the Proportionality Sword
- Litigation Futures reports Judges draft model CV to help courts assess experts
- Litigation Futures on Party “should waive privilege” to explain breach of court order
2nd February 2015
- Janna Purdie, writing in Dispute Resolution, on Determining the credibility of a witness (Excelerate -v- Cumberbatch)
- The Times reports on the increase in court fees in Costs of Litigation.
- Litigation Futures reports Court of Appeal: Solicitors cannot recover costs if CFAs failed to comply with cancellation regulations
- Legal Chap on Ministry of Injustice
- The Law Society Gazette report Society mounts challenge to new court fees
- The Law Society Gazette on Late claimant’s bid to delay trial refused.
- Kerry Underwood asks telling questions in Singapore, totalitarianism and the English Judiciary.
- Legal Orange on the Very easy decision in Blankley -v- Manchester NHS Trust
- Herbert Smith Freehills advise: Think twice before withdrawing a Part 36 offer.
30th January 2015
- Attorney at work on Capture more billable time and stress less
- David Spencer and Alistair Kinley consider the “fundamental dishonesty” test in The Truth Hurts
- The Post considers Fundamental Dishonesty clause criticised for “unfairly targeting claimants”
- Clarion Legal Costs on When a Costs Budget is appealed
- Clarion Legal costs on the Failure to update the budget and failure to serve the statement of cost
- The New Law Journal on Lawyers Fundamentally disagree of “fundamentally dishonest” sanction.
- The Law Society Gazette on the Spectrum case in Late claimant’s bid to delay trial refused.
- Litigation Futures on High Court sanctions claimant for failing to update budget
28th January 2015
- Just Costs Blog win the bad pun of the month competition with Appealing the assessment of a budget? You’ll Havenga difficult job.
- Kerry Underwood writes on Wasted Costs and non-party Orders
- Free Movement deals with the issue of Witness Statements by Advocates
- Litigation Futures on High Court sanctions claimant for failing to update budget
- Litigation Futures reports Lord Neuberge’s views that Lack of fixed costs for all fast track cases: “more than disappointing”
- Bond Dickinson on Counting the cost of “enhanced” court fees
- Colemans (with the aid of an inappropriate gavel) comment on Mental Incapacity and a solicitor’s retainer
- Tom Holbrook considers Will we or won’t we get our costs back?
- The RPC Financial Services blog consider: Injunctions: hearsay evidence and dissipation risk considered
27th January 2015
- Lexis Nexis Dispute Resolution invites you to put Questions on Part 36
- DWF Insurance Brief includes section on the increase in court fees; when is an expert not an expert?; Jackson in action: case law
- Civil and Commercial Costs Lawyers January update covers post Jackson recoverability of ATE premiums in clinical negligence claims and “Proportionality – the new king”
- Litigation Futures reports that Profession unites in opposition to “disastrous” court fee rises
- Litigation Futures on the Blankley case: Solicitor’s retainer not “impossible of performance” because client loses capacity, appeal judges rule
- Zenith Chamber’s John Collins on Premature Service of the Claim Form – avoiding disaster
- Nichola Phillipson of Zenith Chambers on Applications to allow service of Claim Form by alternative method/place – Explain your “Good Reason”
- Lexis Nexis Dispute Resolution on Updated TCC eDisclosure protocol and guidelines.
- Start of a trio of articles from Hardwicke Chambers – Sarah Venn on Top tips for dealing with documents the signatory cannot read
- Gemma Witherington on The New Part 36.
- Jasmine Murphy on More Denton Fallout
- The Law Society Gazette reports FOIL’s objections to the proposed court fees.
- FOIL’s statement can be seen here.
- Keith Hetherington provides useful links on this issue and also asks for people to contact him to assist him with discussions with the Law Society.
- Litigation Futures on Military Claims not subject to EL fixed success fees
20th January 2015
- Rachel Rothwell on Still in the Dark on Proportionality
- Herbert Smith Freehills on Courts to Charge issue fees of 5% of claim value
- John Hyde on the Broni case in Forces claims not subject to fixed-fee regime.
- Walker Morris have a briefing in the Lawyer – What to do if you can’t serve documents on the other side in the usual way.
- Janna Purdie, on the Lexis Nexis Dispute Resolution Blog, reports on an out of date court form
- Jonathan Lux of Stone Chambers on London Leading? A mediator’s view on mediation in arbitration.
18th January 2015
- Litigation Futures Blog on Litigation Funding and Required Reading for all Commercial Litigators
- The New Law Journal on Part 36 Gets a Makeover
- Ed Pepperall QC writes an insider’s guide to the new look Part 36.
- Martin Partington on Court fees: further changes
- Andrew Hogan, Costs Barrister, writes on Costs, unreasonableness and the RTA Protocol.
- The Law Society Gazette on the Savoye case in Judge saves £100,000 off “disproportionate” costs bil
- The Law Society Gazette on MOJ confirms new levy charge for court clai
13th January 2015
- The Solicitors Journal reports Experts using “off the shelf” to be challenged by courts.
- James Bickford Smith writes on Regulating Witness Statements: A Practical View from the Bar.
- Litigation Futures writes on the Baker Tilly case in “No proper justification” for challenge based on draft judgment
- The IT Law Community on Revised eDisclosure Protocol Guidelines
- Harmans consider the issues relating to Recovering Insurance Premiums post LASPO
12th January 2015s
- Claire Green makes suggestions for the “makeover” of bills of costs in At What Cost?
- Nearly Legal discusses the Cutler case in Asking for Relief
- Kerry Underwood writes on Litigants in Person: Acting in cases involving them and advising them
- Herbert Smith Freehills review the Significant Changes to CPR Part 36 from April 2015
- Chris Bryden and Michael Salter view the issue of procedural default in the employment tribunal in About Time?
- Julian Allsop reviews the same issue in Unless Orders and Relief from Sanctions in the Employment Tribunal
- Sarah Speller writes on Litigation & Arbitration: top things you need to know. November/December 2014.
- Legal Orange opens the year with 10 predictions for 2015 (9 of them relate to law, 1 to football).
- My colleague Frances Lawley writes that Help for Litigants in Person with Relief from Sanctions shoudl be given only “at the margins”.
7th January 2015
- Simon Stanfield writing for MASS on Mitchell Madness – Procedure before Justice – December 2014
- The Law Society Gazette reports that Singapore lures judicial talent for commercial court
- Rachel Rothwell writes on the Litigation Horizon
- Andrew Hogan writes on Varying Insurance Premiums and LASPO
- Litigation Futures on the Vestergaard case in High Court bats away challenge to privilege of ‘without prejudice’ costs letters
6th January 2015
- Litigation Futures on litigants in person and relief from sanction on the margins.
- Graham Huntley comments on the New Law Journal Litigation Trends Survey.
- Andrew Hogan on Conditional Fee Agreements and liens.
- Kerry Underwood writes on Discrimination Cases; QOCS; Clause 56 and Fundamental Dishonesty
- My colleague Catherine Duffy writing in the Zenith PI blog on The Real advantages and risks of Part 36.
- Chris Dale on a few edisclosure cases of 2014
- Chris Dale again on Smailes -v- McNally: eDisclosure Consequences of failure to comply with a clear Unless Order
- Thomas Crockett, writing in PIBlawg, on Application of Procedural Rules to Litigants in Person.
23rd December 2014
- RICS has new guidance on disputes mediation
- ACL reports the Lord Chief Justice’s concerns on the continuing rise in costs of litigation
- Civil & Commercial Costs Lawyers have a general December 2014 update
- Chris Dale on e-disclosure: consequences of failure to comply with an unless order
- Rachel Rothwell on Portal Claims: no room for error
- The first of a trio of posts from Zenith Personal Injury Blog Vilma Vodanovic on Strike out even when liability admitted and quantum only in dispute
- Ruwena Khan on Extensions on time to file notices of appeal and relief from sanctions
- Justin Crossley on Recovering Inquest Costs in Civil Proceedings
- Herbert Smith Freehills have produced a Litigator’s Yearbook for 2014
21st December 2014
- Lawyerist on avoiding malpractice in the holiday season.
- Tim Bailey & Irvine solicitors on Mediation is now an essential part of the litigation process
- Herbert Smith Freehills write on the Smailes case Court of Appeal finds clear breach of unless order for e-disclosure
- Richard Moorhead on litigants in person: never mind the quality -it’s length that counts.
- Steve Hynes on Counting the Cost of Cuts
14th December 2014 clearunle
- First of a trilogy from Litigation Futures Budgeting has forced up costs
- The second High Court judge bemoans “appalling” level of costs
- Finally – Court of Appeal urges lawyers to “get back to basics” on pleadings
- Legal Orange offers timely advice on Year End Settlements
- Unity Street Chambers consider Applying the Mitchell approach to Immigration & Asylum
- My colleague Jonathan Holsgrave considers The Instruction of Experts in the age of Mitchell and Denton
11th December 2014
- Historic joint statement by UK lawyers on client confidentiality.
- Rachel Rothwell on The Problem with Budgeting
- Tim Wallis on ADR and Cost Sanctions
- The Telegraph on how a complainant gave evidence for an hour before anyone realised she wasn’t speaking English
- Bindmans have produced an example of a Notice of Appeal and Skeleton Argument for an appeal to the Supreme Court
- James Perry, of DWF, makes some sensible & salients points in Can I get a witness?
9th December 2014
- Clarion have a Court of Protection Costs Newsletter
- The Solicitors Journal on a Reduction of the Number of cases in the Court of Appeal
- Litigation Futures considers the British Gas case in Mitchell Bites Back
- Imminent changes to Scottish civil procedure are considered in Changes on the horizon
- Tim Wallis considers ADR and Cost Sanctions
6th December 2014
- The New Law Journal reports that the Supreme Court is to here another case on sanctions in Mitchell Legacy Under Review
- The Law Society Gazette on Negligence actions against law firms soar.
- Legal Futures has an opinion post on ATE insurance – hassle free.
- The Solicitors Journal on GPs report knock-on effect of legal aid cuts.
- GWS write on Interim Costs Payments
- Daniel Barnett considers Does Mitchell apply in Tribunals?
- District Judge Ayers considers court bundles in the Documentation Horror Show
- Good to see Legal Orange blogging again with How to settle on the Best Terms
- The Lexis Nexis Dispute Resolution Blog has an article by Janna Purdie – The pitfalls of settlement in a multi-party action
- James Bickford Smith of Littleton Chambers on Management Time: A Practical View from the Bar
- Forbes Insurance on Post-Portal PADS – Six Months On.
- Unity Street Chambers on Mitchell and the Employment Tribunal – the Latest
28th November 2014
- Jon Lord on costs budgeting, in Counting the costs
- The Law Society Gazette on the A-B case in Judge urges reform of “inadequate” Court of Protection Rules.
- Sterling Costs on Fundamental Dishonesty and Access to Justice.
- ACL review the Google case in Too close to trial for costs capping.
- ACL also report Lawyers remain unconvinced by Jackson.
- A view on the Sullivan -v- Seagrave case from Suspicious Minds
26th November 2014
- Litigation Futures on AXA calls on government to clarify “fundamentally dishonest” rule.
- John Lord, writing in the Solicitors Journal, on Getting costs budgets right (but wrong).
- The Steve Cornforth Blog on Rolls Royce Justice for the Rich
- Legal Cheek on Irate Lord Justice Jackson uses Court of Appeal Judge to Issue Lawyers with Student-Style Skeleton Argument Tips
- The ABA Journal on Ferguson case demonstrates the potential shortcomings of eyewitness testimony
- Legal Business discusses the Supreme Court Saudi Prince decision.
25th November 2014
- The Law Society Gazette on Skeleton Arguments are not rocket science
- The Gazette again on Do Barristers and Mediation Mix
- The Guardian on a Lawyer’s Guide to Social Media at Work
- The UK Human Rights Blog on a Spectacularly Misleading Case
24th November 2014
- The Law Society Gazette reports on the Group M case in Judge takes £2,240 off costs bill for late submission.
- Lawyer 2B on Life at the Bar: Using your Dress Sense
- Law Technology News on Cost-Saving E-Discovery tips From Fortune 1000 Companies
- Legal Futures considers ATE Insurance: W
- hat is it Good For?
- My colleague Elliot Kay writes on Failure to pay Court Fees and the failure to pay trial bundles
- Litigation Futures on QOCS does not apply to PI cases started pre-LASPO (which is a slightly misleading title, but the article gives the correct definition).
- The Law Society Gazette carries an article on Mediation at any Price.
- The Solicitors Journal reports that Solicitors are placing pressure on experts to amend reports
- Alexander Chandler writes in Family Law Week on The Court Bundles Practice Direction and J -v- J
21st November 2014
- Harmans Cost Brief for November 2014 (the last of the year they say).
- The Law Society Gazette on Solicitor fabricated litigation in three-year litigation
- Chris Dale on ILTA Insights – Litigation Costs Budgets
- Angus Piper on the Sugar Hut Costs Judgment
- Giles Eyre on What is an Expert?
- The National Audit Office on implementing reforms to Civil Legal Aid.
- Anthony Gold solicitors on Choose your expert witnesses carefully
- Liz Repper writes on Parties in the TCC: Prepare for trial and to settle
- The Home Office have a useful guide to Giving Evidence in Court
- My colleague Frances Lawley writes on In-time application for an extension refused
- After the Event Insurance blog writes on Costs Orders Post Jackson Reforms
20th November 2014
- Litigation Futures report that Careless personal injury firms leave themselves open to solicitor “cannibals”
- I have already blogged about High Koch’s analysis of reducing the stress of litigation for claimants in Stress test
- Litigation Futures reports on the Hegglin case in High Court slashes Google trial budget
- Benjamin Gray of Littleton Chambers on Allegations of Bias in Long and Complex Cases
- Andrew Clarke QC of Littleton Chambers on Mitchell and Denton in an Employment Tribunal Context
- Bronia Hartley of Zenith Chambers writes on Applications to extend time to serve a respondent’s notice – Mitchell principles apply
- My colleague Colin Richmond discusses Similar fact evidence in civil cases
- Legal Futures writes on the Extraordinary tale of the lawyer who faked his client’s litigation
17th November 2014
- Hill Dickinson have an article by Paul Edwards on claiming costs in inquest proceedings -a new area of scrutiny.
- Lord Thomas, the Lord Chief Justice, on Court Technology as “Wholly antiquated”
- Litigation Futures on how the MOJ sat on Litigants in person report for over a year.
- The Law Society Gazette reports Insurer in Line of Fire over Client Capture
- Herbert Smith Frehills consider the CIP Properties case in Court has discretion to order costs budgeting in cases falling outside mandatory regime
- The Law Society Gazette on Civil Procedure, Conduct & Costs
- Christopher Deadman on the vicissitudes of being a litigation funder in Charm Offensive
16th November 2014
- Legal Chap looks at the new whiplash medical panel in Cheap as Chips
- The Law Society Gazette: Costs Budgeting is not working, say 45% of solicitors
- Herbert Smith Freehills on the Mitchell decision and the court’s approach to admitting evidence of “similar facts”
- Chris Dale on A little CPR as precursor to some eDisclosure cases (Chris’s maxim “RTFR”).
- Litigation Futures on the new whiplash rules which the MOJ admits “could lead to misunderstanding“
13th November 2014
- The Association of Cost Lawyers review the Gretton case in Breaches lead to nil assessment of bill
- Neil Rose considers Where did DBAs go wrong?
- Richard Gerstein writes on Winners Mediate
- Lexis Nexis Dispute Resolution Blog reviews recent limitation cases in Time’s up: limitation challenges
- A witty review of the rules of statutory construction by the American the Honorable Margaret McKeown Culinary Ambiguity: A Canonical Approach to Deciphering Menus
- The Supreme Court of Victoria has a speech by the Hon Marilyn Warren AC, Chief Justice of the Supreme Court of Victoria The Litigation Contract: The future role of judges, counsel and lawyers in litigation.
- My colleague Mark Henley writes on “Asbestos, recoupment of compensation, and the Pneumoconiosis (Workers’ Compensation) Act 1979″
- Catherine Duffy of Zenith Chambers writes on the Butler case in Relief from Sanction – Without a Formal Application
- Simon Ross of Zenith Chambers on Limitation: Constructive Knowledge re-visited
- DWF review the implications for Part 36 of Burrett -v- Mencap Limited (2014)
- The law Society Gazette reports that The Government Rules out Hybrid DBAs
- Litigation Futures report that Top QC calls for enquiry into expert witness conduct
- Rachel Rothwell reports on DBAs a win for the vested interests
- Litigation Futures reports that Dyson expresses disappointment as MOJ rules out hybrid DBAs
- The Solicitors Journal also reports on the call for MOJ to undertake a study of expert witness misconduct
- Litigation Futures on Neuberger unsure of benefits of single experts
9th November 2014
- Herbert Smith Freehills on the effect of settlement offers in non-money claims
- The Solicitors Journal has an interesting article on experts and 15 years of the Civil Procedure Rules
- Andrew Ritchie QC considers the use of arbitration in personal injury claims
- The Professional and Financial Risks Blog considers the implications of the Excalibur decision in Who Dares Pays
- Andrew Hogan considers Costs and the administration of Estates
- District Judge Marshall Phillips considers pre-action Disclosure in Courts can and should order Costs
4th November 2014
- PI Brief update on the Portal and Final Later Payments are not a ticket to greater costs
- Litigation Futures on Jackson calls for single limitation period
- Litigation Futures blog on dealing with ATE insurers and Living with Rejection
- The Barristers’ Hub on the Alton case in Permission to file a respondents’ notice out of time not prevented by Mitchell
- Lawyerist on Know your Weaknesses
- Andrew Hogan reports on a pending decision on NIHL and Success Fees
- Herbert Smith Freehills on Compliance with court rules and orders post-Denton: Where are we now?
- North West Mediation Solutions write on Sanctions following Jackson
30th October 2014
- Rachel Rothwell on Judges must be braver about hot tubbing (worth reading the comments as well).
- Nicholas Bacon QC reviews the Litigation Funding Handbook in Costs Bible Post-Jackson
- Paul Yates writes on Pro-bono and moral hazard: first do no harm
- The Solicitors Journal reviews the consequences of the Excalibur case in Professional Funders have no control over their investments
- Lexis Nexis Dispute Resolution Blog has a chain of tweets and a series of useful points for District Judge Besford and Ken Corness on Costs Budgeting in Practice
- Christopher Coffin considers the Excalibur case in Third Party Funding: a chink in the armour
- The Unwashed Advocate warns against showboating advocacy in Trial Techniques: first we piss off the judge.
- Jeffrey T Shapiro & James Morrey-Jones examine how law firms should budget for e-discovery post-Jackson in Finding your way
- Post-Jackson could individuals wronged by Wonga secure access to the court at a reasonable cost, asks David Greene in Compensating the Consumer
- MyCase write on 10 things you didn’t learn in Law School
- Hill Dickinson write on Expert witnesses and causation defences in A fair fight?
- Senior Costs Judge: bids for adjournments based on Coventry receiving “short shrift” reports Litigation Futures.
27th October 2014
- Richard Moorhead on Excalibur sends chill wind… (again).
26th October 2014
- Kerry Underwood on Personal Injury Revolutionised: Clause 49
- The Law Society Gazette writes on Sanctions Avoided despite 3 months notice delay
- Forbes Insurance on Coventry -v- Lawrence Limbo
- Steve Cornforth takes you through his Top 5 Legal Blogs
- John Hyde on Is it time to refuse Pro Bono Work?
- Walker Morris, writing in the Lawyer considers the C0-op -v- Phillips case in Power of the Courts to Override an express costs clause in a mortgage
23rd October 2014
- Jackson LJs keynote speech to the Law Society Conference on Commercial Litigation
- Jordan Publishing on Tips to Ensure your Legal Aid Application is Processed Quickly
- Litigation Futures on the Excalibur case and the effect on the Legal Funding Market
- Pinsent Mason on why Companies should not wait to apply to set aside default judgments
- HH Judge Simon Brown on “Mount Mitchell” : the eruption in civil justice and its aftershocks
- Christopher Deadman considers issues with DBAs in Above and Beyond the Call of Duty
- My colleague Sabrina Hartshorn writes on the Dowdall case, s.33 and action estoppel
- John Collins of Zenith Chambers on Relief from Sanctions: Watch it
- Harmans have a new costs app which can be downloaded (free).
21st October 2014
- Young Legal Aid Lawyers on Legal Aid News October 2014
- Legal Week has advance notice of the Commercial Litigation and Arbitration Forum 2014
- International Law Office on the Northrop case in Defendant that unreasonably refused to mediate escapes costs penalty
20th October 2014
- Liz Repper writes on Why try to resolve a neighbour dispute using mediation
- The New Law Journal writes on Escaping the Shadow of Mitchell
- MacFarlanes consider the problems of Part 36 in You Pays Your Money and You Takes Your Choice
- The Ortalan Group consider Is a refusal to mediate always unreasonable?
- A feature on the senior civil clerk in my chambers – The Man Behind the Desk
- Mills & Reeve Technology Law update has an interesting post on summary judgment in patent infringements in Appeal Court shows its bottle
18th October 2014
- Legal Futures reviews the week and many procedural issues in Pressuring the PM
- Legal Orange has typically insightful views when he expresses his Sympathy for Defendant Costs Draftsmen
- Litigation Futures on the Court of Appeal’s warning over lengthy skeleton arguments
- The Lawyer has a link to an Addleshaw Goddard article on Protecting Confidential Information in Proceedings
- The first of two from GWS law – Automatically generated bills of costs (a wry look).
- GWS law on the recoverability of the costs of negotiating costs
- Dominic Regan welcomes Jackson LJ’s return in A Welcome Encore
15th October 2014
- The Law Society Gazette reports that CMCs face a backlog of up to 9 months
- Elizabeth Repper writes on the Northrop case in TCC decides unreasonable refusal to mediate but for other reasons imposes no costs sanction
- Winston Hunter Q.C. reviews the post-Jackson legal landscape in Catastrophic Claims after Jackson
- Chris Dale considers the Southwark case in AA v Southwark – local authority’s non-disclosure rounds off an appalling story
- Litigation Futures on the Otkritie case in Court of Appeal tells judge he was wrong to recuse himself
- Nearly Legal considers a number of oddities in litigation (any litigators and litigants in … should auld acquaintance
14th October 2014
- Lawyerists raises some interesting issues on Social Media – Ethics versus Zealous Advocacy
- The Law Society Gazette reports on a Scheme to speed up Multi Tracks
- This is an American article but very relevant where a judge states discovery disputes are a cry for help
- Wragge Lawrence Graham on Another reminder that parties who refuse to mediate do so at their peril…
- Garden Court Mediation Blog on the Northrop case (refusal to mediate).
- Alrich Blog on the AA -v- Southwark case
- Paul Marshall on Conflict, Clausewitz & the Court of Appeal (Mitchell and Denton considered).
13th October 2014
- DB Family Law looks at issues relating to mediation and a civil case in Mediation and Family Remedy Proceedings
- Legal Orange, in his unique style, describes Costs at the Lower end of the Market
- Legal Orange also ponders the issues in Fixed Costs up to £250k
- Kerry Underwood on the same theme (with a different viewpoint) in Fixed Recoverable Costs in all Civil Cases up to £250,000
- Penningtons Manches discuss the new guidance on experts witnesses in Expertly Done
- 5RB discuss issues relating to service and privacy in its discussion of QRS -v- Reach
- GWS discuss J-Codes and bills of costs
- Matthew Arnold & Baldwin have an interesting discussion of Pre-Action Investigations: CCTV Footage
- Andrew Hogan warns Be you Never so High that the Law is Above You
- Thackray Williams reports on the PGF case in Judge asks parties to a commercial dispute to mediate at the first opportunity.
9th October 2014
- The Law Society Gazette considers the Evans -v- Royal Wolverhampton case in High Court refuses withdrawal of settlement offer
- Lexis Nexis Dispute Resolution have a summary and copy of a speech Master Gordon-Saker provides view on costs issues
- Litigation Futures considers recent procedural developments in The Tide has Turned
- Liz Repper considers the Northrop case in TCC decides unreasonable refusal to mediate but for other reasons imposes no costs sanction
- Mukhtiar Singh considers Sanctions in the Employment Tribunal
- Litigation Futures also considers the Evans case in High Court: reasons for withdrawal of part 36 offers must be disclosed
7th October 2014
- Litigation Futures on the Hockley case in Denton and Mitchell have “profound importance” for default judgments.
- Litigation Futures discusses the Northrop case in Unreasonable refusal to mediate cancelled out by other side’s failure to beat offer.
- The Justice Gap discusses changes to Debt Collection Practices in The End of the Road for Civil Recovery
- Christopher Deadman, writing in Litigation Futures blog, argues that a change in culture is required in Something for Nothing
- John Hyde, writing in the Law Society Gazette, reviews the Long case and argues that the Denton Backlash begins
- Thomas Legal Costs also have a review of the Long -v- Value Properties case
- James Bickford Smith considers recent procedural developments in The Costs of Complexity
- Herbert Smith Freehills have a link to an article of Loss or waiver of privilege
2nd October 2014
- The Insurance Times reports on a QOCS case in Claimant Forced to pay Admiral’s Whiplash Defence
- LCIA write on the New Arbitration Rules
- Lexis Dispute Resolution on Jackson’s call to speed up fixed costs in the Multi Track
- Read David Price QC’s skeleton argument on costs and permission to appeal in a defamation case
- Jackson LJ’s speech to the Costs Law and Practice conference can be read in full.
- Litigation Futures on lack of costs training for judges
- Litigation Futures again on loss of QOCS protection
- Oliver Carter, in Legal Voice, on Pro bono costs orders
1st October 2014
- The Young Legal Aid Lawyers Group has a useful summary of developments in legal aid in Legal Aid News.
- Andrew Hogan in Cost Barristers takes us through the rarified world of Assessment of Costs in the Supreme Court
- Withers on the equally rarified New International Arbitration Rules coming into force on the 1st October
- The Lexis Nexis Dispute Resolution Blog on Conducting an Appeal in the County Court or High Court
- Legal Orange reports on the Lack of Remedies for the Profession when things go Wrong
- Legal Chap on problems with county court administration in What Matters
- The Law Society Gazette on why the Singapore Commercial Court is a threat to London.
27th September 2014
- Rachel Rothewell writes on funders turning their attention to lower value litigation.
- 11 Stone Buildings on the Chancery No Bundle No Hearing policy.
- Leeds Law Society has an advertisement and a link to the Costs & Funding update lecture.
- Chris Dale answers questions in an interview on Cross Border eDiscovery
- Martin Burns writes in the New Law Journal on Building Bridges (increased use of mediation)
- Read Patrick Allen’s review of the latest APIL guide to Costs and Funding
25th September 2014
- Professor Richard Lewis on Compensation Culture – How Insurers Contribute
- Lexis Nexis Dispute Resolution Blog asks Do you Know about the J-Code-Set for Costs.
- Legal Futures reports on views that the proposed changes to the Pre-Action Protocol are unnecessary
- David Chalk writes on Civil Procedure and the CPR: Collateral Oral Agreements
- Legal Futures writes on Budgeting Barristers
- Bitter Lawyer gives us 10 funny judicial quotes. I can’t resist ” Manifestly, any person with even a correspondence-course level understanding of federal practice and procedure would recognize that Defendant’s Motion is patently insipid, ludicrous and utterly and unequivocally without any merit whatsoever…. Defendant’s obnoxiously ancient, boilerplate, inane Motion is emphatically DENIED. Moreover, Defendant’s present counsel-of-record, Mr. [redacted] is determined to be disqualified for cause from this action for submitting this asinine tripe”
24th September 2014
- MCMS blog on Decision Day Negotiations – Its Never Too Late to Negotiate by Jonathan Cope
- Sarah Venn, writing in the Hardwicke PI Newsletter, on 5 top tips for video surveillance.
- Kennedy’s Liability Brief covers a whole host of matters including QOCS, instructing experts, Part 36 and interim payments.
- GWS make some interesting observations on splitting bills in Drafting Bills of Costs
- Andrew Stilton of Keystone Law have some interesting on negotiations in Negotiations and Love Songs
- Litigation Futures considers third party funding issues in Size isn’t everything.
23rd September 2014
- My colleague Bronia Hartley, writing on Zenith Personal Injury Blog, reviews changes to the rules relating to child and patient settlements coming into force on the 1st October
- Angelina Milon of Anthony Gold solicitors. writing in Lexology, considers Have efforts to reduce costs ended up costing more?
- The MOJ has double standards on the claims portal according to the Law Society Gazette
- The Legal Aid Agency has produced new Guidance on the Remuneration of Expert Witnesses.
- The Inner Temple Library had produced an essential guide to legal research Preparing for Pupillage
- David Kirwan writes in the Law Society Gazette on Judge’s Double Standards
- Herbert Smith Freehills report that Jackson Reforms to apply to Insolvency Proceedings from April 2015
- The Civil Procedure Rule Committee have a consultation paper on the Pre-Action Protocol for Debt.
- Chris Pamplin looks at issues relating to cross-border litigation in A Foreign Affair
- Gemma Witherington of Hardwicke Chambers looks at proposed amendments to Part 36 in Part 36: All Change Please
- Litigation Futures reports that Barristers are struggling with Costs Budgeting
- Legal Orange reports the sorry tale of Two CCMCs but still no Costs Budgets
18th September 2014
- Richard Burcher, writing in the Law Society Gazette, provides Considerations on GHRs
- Nigel Poole QC writes on Contributory Negligence in Clinical Negligence Cases
- Lexis Nexis Blog on 8 things lawyers say they would change about billing
- Litigation Futures has a different take on the Marley case in Supreme Court forces barristers to waive success fees
- I am plugging my own interview on the Lexis Nexis Dispute Resolution Blog Proportionality and Indemnity Costs.
- Ashurst have a Quick Guide to Part 36
17th September 2014
- Lawyerist on What Lawyers can Learn from Weight Lifting
- GWS law consider the Costs of Part 8 Proceedings
- This advice crosses the pond when Lawyerist advises Learn to say no to clients, opposing counsel and the court
- The Insurance Times reports on the ABI update to its guidelines on the use of private investigators
- Stephen Bishop of 36 Bedford Row on “You want to check when a document was created or printed without evidence of fraud” (You may have to scroll down for this I cannot link to the specific article.
16th September 2014
- Litigation Futures considers the JE case in Jackson slaps down bid to introduce one-way costs-shifting in certain appeals
- RPC considers issues relating to amendment of statements of case after expiry of the limitation period in Turning the Clock Back
15th September 2014
- Richard Moorhead considers the implications of the Brett case in Brett doesn’t win on a technicality.
- Crispin Winser of Crown Officer Chambers asks if you have an order for indemnity costs does the costs budget go out of the window?
- Simon Allen, writing in the Law Society Gazette, considers Pre-Action Disclosure
11th September 2014
- Justin Crossley of Zenith Chambers gives us an A to Z of medical terms
- DWF review recent case law in Jackson in Action
- Peter Thompson QC considers whether Fee remission is the new Legal Aid
- Matt Molloy considers the Hirtenstein case in Expert Evidence and the Kitchen Sink
- Jonathan Cope considers the Latest Guidance on being an expert
- District Judge Robert Jordan considers powers to sentence problematic litigants in Disorder in Court
- Legal Futures reviews the implications of the Brett case in considering the Nightjack case and how breaches of the duty to the court can lead to exemplary punishment.
9th September 2014
- Just Costs review the Kellie case in Please Sir I want some more
- Litigation Futures consider a Part 36 issue in Claimant trapped by Part 36 offer varied after time for acceptance.
- The Abbey Tax Blog considers sanctions in the Tax Chamber in Tribunal Bars HMRC from taking further part in appeal
8th September 2014
- Tom Snelling and Kim Sofronia of Freshfields Bruckhause Derringer consider whether the Witness Statement is an Endangered Species in the Commercial Court.
- Andrew Hogan reviews the Akhtar case in Allocation Wars and Incoherent Defences
- Helen Bell, writing in the the New Law Journal, assesses the effect of Denton in Back to Square One.
- Myersons solicitors review costs capping in Court of Appeal refuses Costs Capping Order
- The Wagenaar case is considered by Eversheds in Corporate Claims: Costs and Procedure
- The Yorkshire Law Society New Summary contains interesting links to articles on costs and procedure
- Sterling Costs on Recoverability of Success Fees and Insurance Premiums – Has primary legislation let claimants down?
3rd September 2014
- Paul Edwards and Jamie Clarke consider the Wagenaar decision in What are the Benefits of One Way Costs Shifting
- Kerry Underwood considers QOCS and the Wagennar decision in More questions than answers
- Colin Richmond of Zenith Chambers considers a committal application in Absent Friends
- Litigation Futures reports on the Rules Committee Consultation on the Debt Protocol
- David Kirwan, writing in the Solicitors Journal, states Judges are wise but they need to be savvy too
- Nigel Poole writes on the Wrong Type of Injury
2nd September 2014
- Nearly Legal consider the cost implications in The Co-operative Bank -v- Philips in You’ve got absolutely nothing out of this
- Kerry Underwood looks at the Coventry case in Coventry: Success fee – Illegal in on-going cases.
- The Law Society considers dispute resolution in Chancery cases in New Deal for FDR
- Sue Nash, writing in the Law Society Gazette, argues that a Dose of Realism is needed on Hourly Rates
1st September 2014
- John Collins of Zenith Chambers on Lack of Capacity – a Trap for Lawyers Removed.
- Defero Law have a nice video Advice to Lawyers
- Andrew Hogan, costs barrister, discusses the recent issue on hourly rates in The Chimes at Midnight.
- Legal Orange on My Boring Post on the Coventry Decision.
- Litigation Futures reports on the Kellie case in Judges at Odds over relationship between budgeting and indemnity costs.
27th August 2014
- The Law Society Gazette considers Constitutional Change and the Civil Procedure Rules
- Sterling Costs writes on the Ultimate case in Another Victory for Common Sense
- Findlaw UK considers The Overriding Objective
- The Solicitors Journal considers the New Protocol on instructing Experts in Civil Claims
- David Holland in the Solicitors Journal writes on Denton -v- White Back from the Brink
22nd August 2014
- Keoghs on Hire Rates What is the Best Evidence?
- Dominic Regan considers getting out of the woods in the New Law Journal on Denton Deconstructed
- The Courts and Tribunals explain the changes to the Protocol on the Instruction of Experts
- Harmans write on Requesting oral hearings in the provisional assessment process
- DWF review the Dowdall case in Full and final Settlement may not mean what it seems
- Litigation Futures considers the Yeo case in High Court grants relief from sanctions after solicitor “misread” CPR
- Forbes ponders on the significance of the Mohun-Smith decision in Courts not persuaded to set aside judgment following a failure to act promptly
- Keoghs on Lies, Damn Lies and QUOCS
21st August 2014
- Lexis Nexis Dispute Resolution Blog is well ahead of the game with its October 2014 updates.
- Dentons on Why a witness statement is not the best place for literary flourish
20th August 2014
- Hardwicke’s August PI Newsletter includes Sarah Venn’s Top 10 Tips for Costs Budgeting
- Simon Brindle of 9 Gough Square on Delving Deeper into QUOCS 1
- Simon Brindle’s second episode in Delving Deeper into QUOC 2
- Interesting Question posed by Courtswell Jotwell – Why Isn’t Civil Procedure an Academic Subject in the UK ?
- Litigation Futures on Claimant Lawyers Hitting Back over Part 36 offers.
- Eversheds Personal Injury Bulletin reviews the Denton decision
19th August 2014
- Jasmine Murphy writing for Hardwicke Chambers website on the importance of Ex Tempore Judgments – Did you Know
- Litigation Futures on the Rules Committee & Proposals to amend Part 36
- There are several important procedural developments considered in Clyde & Co’s Insurance and Re-Insurance Weekly Update
- International Law Office consider issues of amendment and limitation in Turning Back the Clock: bringing a new claim that would otherwise be statute barred
18th August 2014
- Lexis Nexis Dispute Resolution has a review of October 2014 CPR updates
- Kerry Underwood on Claimant’s Part 36 offers and Court bias
- Litigation Future considers the Elder case where the Tax Tribunal uses Denton to Brush Off Delay
- Herbert Smith Freehills’ article on the Strict Test for Litigation Privilege
- Wragge, Lawrence Graham & Co have an article by Carly Thorpe on Experts in the Firing Line
16th August 2014
- Dominic Regan, writing in the New Law Journal, considers whether Coventry will Trump Mitchell
- Justin Neal of Irwin Mitchell writes a thoughtful article on Protective Costs Orders
- The Lawyer carried a piece from DWF on Relief from Sanctions and a Legal Headache
- DWF consider whether Insurers should still pay success fees and ATE Premiums after Coventry -v- Lawrence
- FindLaw has a useful short piece on Who can and who can’t use Money Claim Online
15th August 2014
- Walker Morris reviews a whole host of important procedural issues in Disputes Matter – Summer 2014
- Litigation Futures reports on a High Court decision in relation to costs and Part 36 offers.
- The Ministry of Justice has a new Policy Hub
- The Civil Justice Council has a new Guide to the instruction of experts in civil proceedings
- My colleague Mark Henley writes on Tips for Setting Aside Judgments.
- Catherine Duffy of Zenith Chambers discusses Fee cuts for whiplash medical reports
6th August 2014
- McGrath & Co on the new fees that came into force on the 4th August 2014 Court Fees Update
5th August 2014
- Hill Dickinson considers the practical consequences of the Wagenaar case in Defendants should think Twice before seeking indemnity and contribution.
- Walker Morris write on the dangers of refusing to mediate in Time to be reasonable: engage with your opponent
- Law Less Ordinary advises Setting Aside a Default Judgment: Act Promptly
4th August 2014
- ABG Law have a Guidance Note on the Recoverability of Success Fees and ATE Premiums in Insolvency Cases.
3rd August 2014
- Herbert Smith Freehills discuss the implications of the Rawlinson case in Court of Appeal finds waiver where privileged document provided for inspection and mistake not obvious
- Park Lane Plowden’s summer newsletter includes a section Denton clarification of Mitchell
- Kennedys write on Pre-Jackson recovery may have breached European Convention on Human Rights
- Legal Orange writes on How Do Hourly Rates Convert?
- Nearly Legal writes on the decision of the Supreme Court in Coventry (a lot to do with success fees) in Extremely Loud and Extremely Close.
- Chris Dale writes on Comparing like with like and keeping eDisclosure fears in proportion
31st July 2014
- Kerry Underwood’s blog provides details of Guideline Hourly Rates following the rejection of the proposals by the Master of the Rolls
30th July 2014
- DWF on Relief from Sanctions and a Legal Headache
- Construction Blog considers Denton and JCT
- Litigation Futures on Costs Committee under Fire
- The Legal Action Group celebrates an important birthday in Legal Aid at 65
- GWS considers some interesting issues in Costs Lawyer Grade C status
29th July 2014
- The Law Society Gazette on Why guideline rate reforms was doomed
- The Law Society Gazette on Reform of Guideline Hourly Rates in Shreds
28th July 2014
- Litigation Futures considers whether Mitchell and Denton reflects Judges as Politicians
- The Lawyer has a special report E-disclosure Trials & Tribulations
- The Law Society Gazette gives a surprising (or perhaps not surprising) statistic that one-third of litigators are not Mitchell proof
- Lexis Library considers issues of limitation, date of knowledge and the section 33 discretion in Noise Induced Hearing Loss Limitation
- Lexis Nexis has the extremely useful 5 tips to avoid breaching court rules, practice directions and orders.
- Kerry Underwood on whether Recoverability may be Illegal
25th July 2014
- Kennedys Insurance Brief July 2014 contains a review of several important cases relating to procedure.
24th July 2014
- Kerry Underwood has to extend the English Language to describe his view of the Denton/Mitchell debacle in Superomnishambles in the Court of Appeal
- Walker Morris review a number of major procedural issues in Disputes Matter – Summer 2014
- My colleague Andrew Wilson considers the Supreme Courts comments on success fees and ATE premiums in Money Changes Everything
- Ontime group asks Provisional Assessment: is it working?
- Kennedys consider the Americhem case in Costs budget “irregular” but not a nullity.
- Litigation Futures reports that the Supreme Court observations on recoverability of success fees and ATE premiums may trigger compensation claims.
23rd July 2014
- The MOJ blog has interesting facts in The Top Ten Court Finder Facts this Month.
- Rachel Rothwell explores the advantages of having mastery of costs budgeting in Budgeting some common assumptions
22nd July 2014
- Read Recommind’s interview with Chris Dale on sanctions and e-disclosure
- Wigapedia seeks divine inspiration in relation to the law of sanctions in A Reading from the Book of Mitchell
- DWF looks at problems in relation to service in Are You Being Served?
- Proof that problems with civil procedure are universal as a retired judge in the USA Change afoot in American Civil Justice System
- An informative article from Lewis Silkin – Refusing Mediation – a Dangerous Game to Play
- C2C consider The case for defensible deletion
- Kerry Underwood writes on Freedom of Choice of Solicitor
- There is a debate between Legal Orange and myself in the comment section of the blog Denton – a return to unless orders
- There is no debate on the wisdom of Legal Orange’s reminder of the need for good client reporting.
- Chris Dale reviews the changing landscape in the law relating to sanctions in Letting the Punishment Fit the Crime
- Tim Denton of 12 KBW has revised his paper Life after Mitchell to take account of Denton
- Rob Parness, writing in the Law Society Gazette, asks Can we relieve ourselves now?
19th July 2014
- Elizabeth Darlington, in her own blog, reports on Judge Gosnell’s talk on Jackson to members of the North-Eastern Circuit
18th July 2014
- David Chalk Writing in the Solicitors Journal reminds us that the general law is not always applicable in civil procedure
- Litigation Futures reports that Provisional Assessment hasn’t happened
- The Association of Cost Lawyers reviews a number of important developments in News in Brief
- Lawyerist on the Bad Clients you don’t take will be the Best Money you Never Made
- Keeble Hawson ask the pertinent question: Mitchell Re-visited or Re-written?
- Lexis Nexis Dispute Resolution on Construction of a Costs Budget
- Mills & Reeve write on Agreements to Negotiate Your Cup of Tea
- Lexis Nexis Dispute Resolution write on amendments to court fees
- Herbert Smith Freehills writes that the High Court has ruled that Mitchell applies to late applications to challenge jurisdiction.
- Herbert Smith Freehills also reports on the Rochester case in “Opening shot” protected by without prejudice privilege.
17th July 2014
- OnTime Group have a review of Points of Dispute Post Jackson
- David Marshall writes on the Jordan’s website how the Court of Appeal have clarified Mitchell.
- Coventry View on At last some relief from sanctions.
15th July 2014
- Litigation Futures reports Mr Justice Ramsey’s speech: Extension of QOCS the key to the “true Jackson”.
- Vilma Vodanovic, writing in the Zenith PI Blog, considers Section 33: what periods county when looking at delay.
- Litigation Futures features the Court of Appeal’s criticism of Over-long skeletons and bundles
14th July 2014
- John Collins of Zenith Chambers, writes about the admissibility of expert reports in Looping the Loop in Accident Evidence
- Bronia Hartley of Zenith Chambers reviews an important rule change in The Court can now Allocate a case against the Parties’ will
- Joanna Hastie of Zenith Chambers considers The effect of an an admission on allocation
- Lexis Nexis Dispute Resolution writes on Expert Report deadlines in the post-Jackson era
- The Law Society Gazette has a useful summary of the effect of the Mitchell conjoined appeals
- Leeds Law Society has a useful Court Notice Board
- Rachel Rothwell considers Mitchell: an end to opportunism
- The Law Society Gazette considers the Revised Mitchell Guidance
11th July 2014
- John Hyde, writing in the Law Society Gazette, asks, of the Denton decision, Where’s the Apology for the Mitchell Chaos?
10th July 2014
- Lexis Nexis Dispute Resolution on 6 things we need to consider about buffer agreements after Mitchell/Denton
7th July 2014
- Richard Barr doubts whether costs budgeting reduces the costs of litigation in Surely You Can’t be Serious
6th July 2014 (Links after Court of Appeal decision on sanctions in Denton -v- White.)
1. The Law Society Gazette reviews the decision (and also allows you to see the judgment being given). 2. Colemans solicitors have an excellent summary of the decision here. 3. The Solicitors Journal reports that the Post Mitchell Costs Regime has been clarified by the Court of Appeal 4. Lexis Nexis Dispute Resolution state that the decision provides Welcome Guidance 5. Local Government Lawyer summarises the Three Stage Test set out by the Court of Appeal 6. Litigation Futures’ view is that the Court of Appeal takes some of the blame for the Mitchell decision. 7. The New Law Journal has a Welcome Return to the pre-Mitchell era 8. DWF state that the Court of Appeal has Rewritten the Mitchell test. 9. Forbes Solicitors have a brief guide to the Guidance given by the relief from sanctions decision 10. Herbert Smith Freehills’ view is that Mitchell is softened but no return to old culture of non compliance 11. Bristol Law Society reports on how the sanctions decision “clarifies Mitchell”. 12.The LCCSA report that the sanctions decision will restore cooperation to litigation. 13. The Law Society view is that the sanctions decision will make civil litigation more cooperative and less adversarial 14. The Lawyer reports that the sanctions decision offers a third way on costs 15. Nearly Legal reviews the sanctions decision on Wimbledon Final’s day as Game Set and Match 16. 4 KBW reports on the trio of appeals 17. Blackstone Chambers reports on Denton -v- White 18. Hailsham Chambers hail Mitchell re-visited 19. DWF reports on the re-writing of the important Mitchell test 20. Harmans views are in Mitchell Sound but Substantially Misunderstood 21. Charles Russell on Mitchell has been Misunderstood and is being Misapplied 22. Landmark Chambers on Mitchell Modified. 23. Mills & Reeves have my favourite title within Goodbye Mitchell Hello Denton 24. Lawlords has a useful and succinct summary of the Re-Stated Mitchell test 25. Michael Lyons QC and Cecily White review the decision in Mitchell Misunderstood and Misapplied 26. Litigation Futures reports that the Profession Lauds the Court of Appeal approach in Mitchell 2 27. The Law Society Gazette heralds The Retreat from Mitchell 28. Kennedys herald the Denton case as Common Sense Restored 29 Stone Chambers reviews the guidance given on Relief from Sanctions 30. Rosling King review the Denton decision in their Lender Update 31. Roll on Friday reports on the row back from Mitchell (just read the comments section) 32 Steven Cornforth considers whether Mitchell is Heading Back to Earth 33. Ontime Group analyse the New Three Stage Test 34. Clinical Negligence Law writes on Mitchell Re-imagined 35. Lexis Nexis Dispute Resolution has an interview with Shail Patel on How the courts are applying Mitchell (which actually deals with the Denton case). 36. Nicki Phillipson from Zenith Chambers on Its Mitchell but not as we know it. 37. David Partington of Sovereign Chambers regards Denton as a Welcome Decision 38. Pinsent Masons report on Expert’s Welcome to more nuanced approach. 39.
Lamb Chambers review the decision under “Relief from Sanctions” 40. Practical Law have an article by Matthew Finn : Denton: Mitchell Clarified and Amplified 41. Keoghs have a detailed review of the decision in their Client Alert 42. Taylor Wessing report on Holding Back the Tide of Satellite Litigation. 43. Eversheds reviews the Denton decision in their e-briefing. 44. The New Law Journal on how the Court of Appeal clarifies the Mitchell effect. 45. Temple Garden Chambers ponder To Mitchell or Not to Mitchell 46. Manchester Law Society on The Interpretation of Mitchell 4th July 2014
- Irwin Mitchell’s view is that Failure to advise on legal cost insurance options could spark potential litigation claims
- Nigel Poole Q.C. on Meetings of Experts: Facing the Fear
- Kerry Underwood looks at QUOCs costs and future difficulties in Set Off
- The Association of Costs Lawyers considers whether the Americhem ruling may Open the Door For Cost Lawyers
- Ontime report on the Bright case and the reduction of success fee from 75% to 30%
3rd July 2014
- Alex Bagnall writing for LawLords considers the Americhem case in Failure to Properly Certify a Costs Budget not Fatal
- Philip Morris, writing for John Hayes, looks at the Warner case in Is there Merit in Merett?
- Lexis Nexis Dispute Resolution reports on the HMCTS New Electronic Payment Service
- The Lawyer has an article Time to Mediate before its too Late
- The New Law Journal carries an article by Sue Nash on cost lawyers and the right to litigate, Setting the Record Straight
1st July 2014
- Sterling Costs Consultants discuss Hourly Rates – Are you Charging Enough?
- Lexis Nexis Dispute Resolution have a post on Group Litigation Orders – unity is strength
- Litigation Futures reports on a High Court case where the success fee was reduced from 70% to 30%
- The Solicitors Journal has an article by John Bramhall on Fighting the war on costs
- MCMS blog considers the problems caused by Mitchell in Adjudicators determining party-party costs in ajudication
30th June 2014
- CMS Cameron McKenna consider whether the Scotbert case is Another Nail in the Mitchell Coffin
- Today’s Conveyancer considers the Singh -v- Singh case in Property Transfer Dispute goes to High Court.
- The Law Society Gazette reports on changes to the court fee payment system in Salford in Firms urged to embrace new era for civil claims
- The Fourth Kerry Underwood article in two days in The Assignment of Conditional Fee Agreements
- Lexis Nexis Dispute Resolution asks Are PI cases suitable for ADR?
- Three authors writing in the New Law Journal look at the Dark Side of Mitchell
- Lexology provides an update to Part 8 claims.
- Eversheds look (secretly of course) at the problem of litigating when industrial secrets are at risk of disclosure
27th June 2014
- Manchester Law Society publish a note from District Judge Hassall on Costs Budgeting and CAT Claims and Manchester Civil Hearing Centre
- First of a triple bill from Kerry Underwood: The new portal the view from the courts
- The second Jackson L.J.; Singapore and Totalitarianism
- The third: Personal Injury, acting for bankrupts
- From Jonathan Lewis of Henderson chambers we have a review of the Hallam Estates decision in Time to get along
- From Lawyerist an interesting discussion of Legal Writing in Plain English as Cultural War
- The Association of Cost Lawyers report on the CoA decision on sanctions in Reserved Judgment.
- Richard Scorer in the New Law Journal capably considers the Capacity Conundrum
26th June 2014
- Litigation Futures reports on the Civil Justice Council’s working group to keep Jackson reforms under review.
- Litigation Futures also reports that Costs budgeting is unlikely to tame Commercial Court case costs
- Black Letter PR report on the increased demand for cost lawyers following costs budgeting
- On Time group discuss the Americham case in Statement of Truth signature – nullity or irregularity?
- Elliot Kay of Zenith Chambers discusses Costs Budgets, signatures and common sense.
- Benner provide an interesting psychological account of how forensic experts pick sides
- Hugh James have an interesting review of topics in Costs Budgets, Inheritance Act Claims and Mitchell
- Richard Langley, writing in the New Law Journal, considers issues of hourly rates and procedure in The Simple Approach
- The Law Society Gazette has an interesting article by Sue Nash on Costs Management Planning
- DWF has a useful insight into many procedural, and substantive, matters in Looking Ahead
24th June 2014
- Interesting article in Lawyerist that “Luddite Lawyers are ethical violations waiting to happen
- Nicholas Bacon QC has written a guide to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
- Litigation Futures comments on the most recent Newlands case in High Court grants relief despite deliberate and non-trivial breach
- Outer Temple Chambers have an article on Experts’ Literature – an undervalued resource? (Particularly note the comments about experts and Mitchell).
- Not all are directly relevant to the UK, however the Lawyerist Ten Practical Tips for Effective use of retained expert witnesses has some interesting observations
- I like the brevity (and accuracy) of the title of Steven O’Sullivan’s article on sanctions in the New Law Journal Comply or Apply
- Dominic Regan is the master of the pithy post, read his observations about the effect of Mitchell in Negligence Claims Against Solicitors.
23rd June 2014
- Leeds Law Society has the notes to its recent session on Jackson and meet the judges.
- Simon Ross of Zenith Chambers reviews the implications of the recent Court of Appeal hearing on sanctions in It’s not just good: it’s exceptionally good
- Rachel Rothwell is not kidding when she writes on the issues with CFAS Infant claims: a big problem
- The Solicitors journal note that Costs Lawyers are ready to defend their right to appear in court.
- A short piece on Mitchell in the Law Society Gazette: Rules are Rules
- The Law Society Gazette places a beam on Expert Evidence under the Spotlight.
- Lexis Nexis Dispute Resolution has a Short Guide to Serving out of the Jurisdiction.
22rd June 2014
- DWF posts monthly round up of Jackson in action cases
- David Partington of Sovereign Chambers manages to cover the recent Leeds Law Society event on Jackson and Swedish Furniture in IKEA Justice
- Walker Morris have Tips for dealing with Post Jackson Litigation in House (see the useful checklist)
- DWF review case law in Jackson in Action
- Walker Morris also consider Changes to the Civil Procedure Rules: an overview for in-house lawyers
- Lexis Nexis Dispute Resolution ponders the sanctions cases heard by the Court of Appeal in the three “Mitchell” cases.
- OnTime Group get Bard like in Much Ado About Jackson
19th June 2014
- Litigation Futures considers whether the Court of Appeal Triple-Header will lead to Mitchell Lite
- The Law Society Gazette looks at Mitchell:the problem with guidance
- Litigation Futures reviews a number of matters in Lite Work
- Harmans manage to couple football with costs in Sign and Your Winning
- The Law Society Gazette poses the question Does Chartwell redress the perceived imbalances of Mitchell
- Sara Benbow of Hardwicke Chambers reviews issues relating to Property Mediation in the post-Jackson and the Mitchell World
- The New Law Journal examines post-Jackson issues in Cost Condondrums in Court
- Just Costs’s view is that the Warner decision poses a question Common Sense -v- Common Law
16th June 2014
- Clinical Negligence Law considers Is the NHSLA failing to make interim payments?
- Litigation Futures considers the Americhem case in Precedent H Irregularity does not render it a Nullity.
- John Hyde, writing in the Law Society Gazette, reports on the first day of the Court of Appeal hearing on sanctions in Battle Lines drawn at CofA in Mitchell Triple Header
- The Law Society Gazette predicts Urgent Costs Reviews if Hourly Rates are cut.
- DWF carry detailed are also predicting in claims volume and portal data
15th June 2014
- Elizabeth Repper looks at The new TCC Guide and unreasonable failure to mediate
- Dispute Resolution looks at The Rise of Professional Negligence Claims in PI
- The National Trial Lawyers feature A Trial Lawyer’s Negotiation Secrets
- Hardwicke Chambers have a table of post Mitchell decisions
- Carruthers Law considers the case of Beri in Relief from Sanctions (but only just)
- Law Less Ordinary informs us of the launch of the consultation process on the personal injury protocol
12th June 2014
- Litigation Futures looks at the Decadent Vapours case which is to be considered by the Court of Appeal next week.
- Kingsley Napley Dispute Resolution Law Blog looks at relief from sanctions and the Bari case
- Ince & Co consider the Sea Change brought into force by the Jackson reforms
- DWF review the latest news on appeals on compliance issues
- The Lawyer links to Addleshaw Goddards’ Jackson One Year On
11th June 2014
- Rachel Rothwell writes on Portal problems
- Harmans review relief from sanctions – a year on from Mitchell (although Mitchell was in November last year more accurately it is eight months).
- Litigation Futures reports on the difficulties in obtaining success fees in cases involving children.
- Pannone report on a case where a refusal to engage in mediation led to indemnity costs being awarded
- The Solicitors Journal report on the difficulty in getting partners to engage in risk management
- @llvision have an e-disclosure buyers guide
- Lady Legal writer has two guides to writing legal memos
- Dominic Regan considers recent cases on sanctions in Procedure trumps merits
10th June 2014
- Harmans have a succinct summary of the rules changes
- Canadian Lawyer In House has an interesting piece on project management and litigation
- District Judge Lethem gives his views on the impact of the Chartwell decision
- The Law Society Gazette reports on the potential new rates for firms that employ paralegals
- Lexis Nexis Dispute Resolution have a series on the Unintended Consequences of the Jackson Reforms
- Clyde & Co consider the significance of the new 28 day buffer rule
- Building co.uk looks at the Chartwell case
- Litigation Futures reports that cost lawyers are being advised to review their insurance in the light of Mitchell
- Local Government Lawyer carries an article on extensions of time and Time to Think
- Herbert Smith Freehills have a review of their recent articles dealing with recent litigation developments
5th June 2014
- The Law Society Law Management has a review of the practical significance of the Hallam Estates case.
- The Law Society Gazette considers the “e-trial”
- Staying with the Gazette it identifies the three cases where the Court of Appeal is to consider the Mitchell principles
- The New Law Journal looks at the issues in expanding costs budgeting
- Jeremy Ford, writing in the New Law Journal, looks at Avoiding the Mitchell consequences
- Class Legal considers whether there has been a retreat from Mitchell
- John Hyde, writing in The Law Society Gazette considers the rules allowing extensions as a good day for common sense
- Herbert Smith Freehills review recent developments in litigation
- Richard Paige of Sovereign Chambers reviews the new rules allowing extensions of time
- Read Dominic Regan’s essential “Cut out and Keep” 12 point self help guide to surviving Mitchell
1st June 2014
- Kerry Underwood reports on that now very rare topic of Legal aid in personal injury work.
- Legal Chap I am sure intends no reference to Norman Tebbitt in On your bike
- Legal Orange considers mixed messages from the bench as to whether Mitchell applies to setting aside default judgments.
- Another segment from Legal Orange Law and Tactics for Relief from Sanctions
- The third segment from Legal Orange in passing on a message from District Judges about Mitchell, Costs Budgeting, Infant Settlement and provisional damages claims.
- Kerry Underwood considers the problems of Client Contracts made in the office
- Jack Harding, writing in PI Blawg, looks at Service of Supplementary Witness Statements in a post-Mitchell World
- Professor Dominic Regan reviews Professor Adrian Zuckerman’s book on Civil Procedure
- Tobias Haynes pens an obituary for the Death of Ambush Litigation
- Andrew Hogan considers questions relating to the issue of a second set of proceedings in Biting the cherry.
- There is a whole batch of procedural cases considered in Clyde & Co’s Insurance and Re-insurance weekly update.
28th May 2014
- Thirty Nine Essex Street has a “sanctions update” page. James Todd reports on the case of Vassell and a case where a claimant was refused permission to amend pleadings to change mechanism of the accident.
- Want to see what would happen if Wigapedia moved to Singapore. Read Lawyer 101: Guide (includes “Some users feel that choosing a lawyer is as important as choosing a spouse. Of course, that is ridiculous. It is far more important to choose the right lawyer. After all, your spouse will not save you from bankruptcy or a death sentence.”) (Useful link from Roll on Friday).
- Litigation Futures reports that costs budgeting is at risk from inconsistency and lack of expertise
- Sterling Cost Consultants have a feature on Justifying local mileage claims to the Legal Aid Agency
- Rachel Rothwell, writing in the Law Society Gazette suggests that the government should fix the courts rather than pushing ADR
- Lawyerist advises on the Ultimate Case Management System.
- Ontime group report on QOCS and fundamental dishonesty (a review of a recent case on QUOCs protection).
- Olswang advises on The use of contempt and other sanctions in modern commercial fraud cases
- The Law Society Gazette reports on the Stoute (service and relief from sanctions) case
- My colleague Kate McKinlay also considers QUOCs and fundamental dishonesty in the Zenith Personal Injury Blog.
27th May 2014
- Hill Dickinson consider fraudulent claims in the commercial court (with interesting observations about witness evidence)
- Nearly Legal reviews the case law on sanctions in This is what we always meant.
- Berwin Leighton Paisner Blog reports that Jackson catches up with the TCC
- MCMS blog considers the problem of witness evidence in Memory our fickle friend
- Cripps Harries Hall review the Hallam Estates case in Jackson LJ on Extensions of Time
- Mills & Reeve have an interesting view of the state of civil procedure in Jackson: if only the court would answer the phone
- Claims Magazine report a view that allowing extensions of time is an injection of common sense
- Clyde & Co’s weekly update on reinsurance contains reviews of several key procedural cases and developments
- Ian Miller, writing in PI Blawg, also considers the Hallam cases in Jackson on Jackson
- Ian Miller, again writing in PI Blawg, writes on the Stoute case in Rescued from an error of procedure
- Farrar’s Buildings PI update contains summaries of several important cases relating to procedure.
- The New Law Journal muses whether the Hallam cases gives Rise to hope for litigators from the court.
- John Hyde, writing in the Law Society Gazette, writes on the Groarke case in Judge shuns Mitchell stance “in interest of fairness and justice”.
- Herbert Smith Freehills report that Jackson LJ confirms his reforms do not require courts to refuse reasonable extensions
22nd May 2014
- Lexis Nexis Dispute Resolution have a summary of the CPR Committee Open meeting held on the 2nd May.
- Andrew Kinner of Henderson chambers discusses the Holloway (group litigation) decision.
- Lawyerist provides advice on How to handle an overflowing inbox or task list
- DWF report that Jackson calls for a new approach to compliance
- The Lawyer/Shoosmiths deal with the new rules in The Buffer Zone
- Credit Today review the Jackson reforms in Litigation’s sword of Damocles
- Legal Orange has some Bad advice on being “Mitchelled”
- Sterling Cost Consultants deal with the Hallam decision in Jackson overturns High Court decision
- Litigation Futures reports on the Brett -v- Colchester case in High Court wrong to say that Mitchell applies to default judgments says judge
- The Law Society has issued guidance on File retention storage
- The Lawyerist on Are billable hours eroding trust between lawyers and clients?
20th May 2014
- Legal Orange gives advice on What to do if your opponent does not apply for relief from sanctions
- John Hyde writing in the Law Society Gazette reports on the Hallam Estates case in Jackson rules that J High Court erred in refusing more time
- Kerry Underwood also discusses the Hallam case in Jackson allows relief from sanctions
- Parabis and Greenwoods Legal Watch, includes several procedural developments relating to Part 36 and witness evidence
- Burness Paull discusses issues relating to service on directors in Keeping your details up to date
- The Construction Blog considers the Chartwell case
- Veale Wasboroughs Vizards write on Injunctions and inspecting personal property
- Litigation Futures reviews the Hallam case in straightforward applications for time extensions not subject to Mitchell
- The Law Society Gazette reports that the MOJ claim that the civil courts are not damaged by austerity
- Just Costs blog on the Hallam case in What a relief!
16th May 2014
- Litigation Futures considers the Finglands Coachways case in High Court issues proportionality warning
- The Association of Cost Lawyers has a review of the key points of its annual conference in Fit for the Future
- The Law Society Gazette reports that insurers are buoyed by fundamental dishonesty ruling
- Zenith Chambers discusses the Integral Petroleum case in Service by e-mail valid where no agreement made
15th May 2014a
- The Law Society Gazette reports on Leading Judges attack on civil legal aid cuts
- Robin Dunne of Clerksroom has produced The Essential Guide to Civil Costs and Litigation Funding
- Richard Harrison draws analogies from Wainwright in Litigation and Fellwalking
- Harmans Cost Brief covers issues relating to relief from sanctions and costs.
- Herbert Smith have a review of their conference on the Jackson reforms One Year after the Big Bang
- John Peysner has produced a paper for the Civil Justice Council on the impact of the Jackson Reforms.
- Legal Orange warns that the use of old IT systems will cost you and your client a lot of money
- Norton Rose Fulbright have a review of the Jackson Reforms a Year on.
- Litigation Futures reports on Exaggerated symptoms leading to losing protection in QOCS
14th May 2014
- Craig Ball has a major piece of advice on e-disclosure in a Lawyer’s Guide to Forms of Production.
- James Bickford Smith of Littleton Chambers reviews the County Court Changes – a practical view from the Bar.
- Kennedys Liability Brief carries updates on Jackson and sanctions.
- We could all do with taking the Lawyerist advice on “How to lose your case” (or perhaps not).
- Litigation Futures considers the new rules on agreeing extensions of time in Buffer Direction to come into force next month.
- Harmans discuss the courts power to order interest on costs in Interest on costs including pre-judgment interest
- The Review of Civil Litigation Costs : Preliminary Report is now available here.
12th May 2014
- Rachel Rothwell could put you off your food when she writes on Why Cannibalism is coming to PI
- I had to throw this into the mix Why Opposing Counsel should wear nice shoes
- Inside Counsel on Why budgets are outside counsel’s best friends (it is coming here now so cannot be ignored).
- A boost for the provinces (and needless to say the brilliant provincial Bar) as litigators are told to justify issuing cases in London
- Very close to the issues I raised in the post on procrastination is the article on dealing with depression in law firms a world first
- Veale Vasborough Vizards have a useful summary of the changes to the county court system
- Wigapadia, writing in Legal Cheek, has a useful summary on “Mitchell and the breakdown of meaning” : a succinct and accurate summation of the legal principles that flow from Mitchell.
- Eliot Kay of Zenith Chambers offers up an article on Part 36 in Back to Basics
11th May 2014
- Wedlake Bell review the law of sanctions in Witness Statements Deadlines – miss it and you may miss out
- Harwicke Personal Injury Newsletter contains a number of matters that deal with Mitchell. You can also sponsor a (very brave or very foolhardy) swimmer.
- Kerry Underwood writes on Extending QUOCS (any piece that starts “If you thought that there was little scope for the Jackson reforms to become ever more chaotic, then read on and think again” has got to be worth reading).
- Dominic Regan reports on Losers and….er losers in the legal process
- Clyde & Co Insurance Perspectives 2014 has a perceptive piece on Mitchell and its significance for insurers
- Andrew Hogan is no slouch. His piece on QUOCS and Part 36 was on his blog as soon as he delivered it at the Association of Cost Lawyers annual conference.
8th May 2014
- Paul Hurley reports on solicitors “self insuring” their cases in Sharing the Risks
- John Hyde for the Law Gazette discusses the proposals to bring in fixed fees for reports in RTA’s in Fixed fee whiplash reports proposed
- Catherine Duffy of Zenith Chambers discusses the effect of two trivial breaches on an application for relief from sanctions in The wrath of mitchell continues.
- Vijay Ganapathy considers the cases following Mitchell and the effect on PI lawyers in the Solicitors Journal Personal Injury Update
- Sovereign Chambers have a review of the Chartwell case
- Lexis Nexis Dispute Resolution have details of Birmingham Civil Justice Centres note as to consent orders to vary directions
- The Lawyer carries an article by Mourtant Ozannes on Interim Costs a power and a presumption
6th May 2014
- The Law Society Gazette reports on Ramsey J’s comments that Jackson Anxiety will be short-lived.
- Lexis Nexis Dispute Resolution clarifies the difference between “issued and served”
- The Journal reports on the ABA considering mining social media for evidence
- Kluwer Competion Law Blog considers whether changes to the rules means more collective actions are on the way.
- Legal Orange continues with a series of war stories You can’t blame Mitchell and Grayling for Everything
4th May 2014
- John Hyde writing in The Law Society Gazette considers Can the public learn to love PI Lawyers?
- Jasmine Murpy, writing in the Hardwicke blog, considers whether Mitchell has reached hire.
- Keoghs have a review of the case law on sanctions in relief from sanctions: Mitchell
- DWF consider Jackson Bites and the new Culture of Compliance
- Lexis Nexis Dispute Resolution considers the Chartwell case in “an unusual outcome”
- Herbert Smith Freehills review the Kaniera case in High Court finds Mitchell does not apply to an in-time application
- CEDR consider the implications of Mitchell in the Full Horror Story
- Lisa Dobie, writing in PI Blawg, considers the implications of the Chartwell decision
- The Law Society Gazette has a piece on Civil Procedure the New Regime
- Wedlake Bell rightly emphasise the importance of time limits in Witness Statement Deadlines – Miss it and you may miss out.
- Keith Etherington has a series of slides available from his talk at the recent Law Society Civil Justice Conference
- Alpha Court Chambers have a series of reports on cases that have left the Portal unreasonably
1st May 2014
- Vilma Vodanovic, of Zenith Chambers discusses the changes governing the statement of value which should be included in claim forms at Misprint in the White Book ?
- Vilma Vodanovic, of Zenith Chambers considers the changes to the statement of truth which has to be given on a Precedent H in New Precedent H- Costs Budget
- Elizabeth Reeper discusses mediation in Mediation: some frequently asked questions
- David Johnson considers the impact of Jackson for the Solicitors Journal in Prepare for impact: fallout from jackson
- David Bott considers the effect of the new personal injury claim portals for the Solicitors Journal in Personal injury claims portal : friend or foe ?
- Simon Gibbs considers the need to consider case management and cost budgeting together in Link costs budgeting with case management
- Masood Ahmed considers the case of Samara -v- MBI & Partners for the Law Society Gazette at Civil Procedure: New Regime
- Mills & Reeve consider the new Practice Direction which has been added into the CPR to deal with planning cases in New rules for planning court
- Thursfields LLP considers the case of Cooper -v- Bank of Scotland Plc and relief from sanctions in insolvency cases at their Insolvency Update April 2014
- WrightHassell consider procedural changes to the county courts and relief from sanctions in Possession Claims in the County Court – what has been catching lenders out ?
- Herbert Smith Freehills consider the case of Chartwell at Court of Appeal Upholds Grant of Relief from Sanction when no good reason for non-trivial breach
- Lisa Dobie also considers the Chartwell case at Chartwell Estate Agents and the Mitchell decision
28th April 2014
- Andrew Wilson, of Zenith Chambers, discusses the Kaneria case in What difference does it make?
- Bronia Hartley of Zenith Chambers considers the implication of the Wain -v- Gloucester case in “one for the relief granted file“
- Rachel Rothwell, writing in the Law Society Gazette writes on “Mitchell: what do the judges make of it?”
- Lexis Nexis Dispute Resolution reports on 5 ways to avoid common errors made by lawyers when arranging litigation funding
- Lexis Nexis also reports on 5 top tips for litigators to get the best litigation funding deal for their clients
- DB Family Law reviews the decision in Chartwell in The wages of delay
- DWF considers Mitchell and the new Culture of Compliance
- Lexis Nexis Dispute Resolution issue a Welcome to the single County Court
- DWF consider post-Mitchell developments in Restoring balance post Mitchell alongside the use of ADR
- The Barrister’s Hub considers the Chartwell case in Relief from sanctions and witness statements.
- The New Law Journal reports on the Chartwell case in Robust and Fair Case Management decisions endorsed by the Court of Appeal
- Some people may think that there is a large element of wishful thinking in the Law Society Gazette’s article The end of the Mitchell Story? (although there is question mark at the end of the title).
- Fenwick Elliot has a whole bulletin devoted to “The Mitchell Reforms“
- Litigation Futures comments on the Wain case in one day delay in filing costs budget irrelevant says judge
- Litigation Futures has strong views on the LEI Wild Goose Chase
- The Law Society Gazette discusses the case of Wain v Gloucester County Council and relief from sanctions in Budget Delay “Trivial” Rules High Court
- The Law Society Gazette considers the effect of the Jackson reforms in PI claims will return to pre-accident Jackson levels – defendant firm
- Lexis PSL Dispute Resolution consider the case of Utilise v Craunstoun Davis in Metamorphosis of trivial breach
- Ontimegroup consider relief from sanctions and the recent case law in Relief from sanctions- an eleusinian mystery or a herculean trial ?
- LexisPSL Dispute Resolution considers the case of Emakpose- Patrick v Lowell and CPR 3.9 in Rule 3.9 applies to late applications to extend time to appeal
- Rebecca Taylor considers the case of Chartwell and automatic sanctions in Witness statements must be served on time or automatic sanctions bite
- St Johns Chambers provides have provided a helpful guide to the Single County Court and changes to the CPR in The Single County Court and Changes to Civil Procedure
- Keith Etherington discusses the payment of court fees in Pay Court Fees By Account
- Helen Dewdney considers the considers the consequences of the rise in small claim fees and provides alternatives and tips in Small Claims Court Fee Rise
22nd April 2014
- The Law Society Gazette warns that the Civil Courts are braced for fee increases
- Harmans have useful in formation including Precedent H Guidance
- My colleague Simon Ross considers whether the Chartwell decision was an unusual case
- Lexis Nexis Dispute Resolution bids us Welcome to the new County Court
- The Sherrif’s Office considers the Court fees rise and single County Court
- The Press Gazette has a report about a document exhibited to a witness statement becoming public and available for inspection.
21st April 2014
- My colleague Colin Richmond considers some dangers on costs budgeting on the Zenith PI Blog in “Blowing the Budget“
- Berrymans Lace Mawer reviews the Canning case and late service of witness statements
- Timothy Petts of 12 KBW charts the implications of the Chartwell case
- Magrath LLP discusses relief from sanctions issues in At the court’s mercy
- The New Law Journal writes on the Jackson Litmus Test
- Lexis Nexis Dispute Resolution considers the new power of county courts to grant freezing injunctions
- Laker Legal put forward the, possibly controversial, assertion that Practitioners should know the Civil Procedure Rules
- Waltons & Morse LLP discuss What does Jackson and Mitchell mean for insurers involved in litigation in England
- Practical Law have a summary of the Civil Justice Council review of Jackson reforms
- Legal Orange undertakes a Post-mortem of Chartwell -v- Fergies
17th April 2014
- The Law Society Gazette discuss changes in costs management in Costs Management Is Here To Stay
- Litigation futures considers the implications of the Chartwell case in CA returns to the Mitchell fray with support for first instance judges- and a warning for them too
- Out Law. Com considers the Civil Procedure Rules Recent statement in Higher value commercial cases will not be brought into costs regime retrospectively, says rule committee
- Berrymans Lace Mawer consider the case of Canning v Network Rail Infastructure and Witness Statements in Canning v Network Rail Infastructure
16th April 2014
- Seamus Smyth for the Solicitors Journal outlines a pragmatic approach to litigation post Jackson in Post Jackson: Satellite Litigation and Turmoil Ahead
- Litigation Futures considers the case of Kaneria v Kaneria and applications for extension of time in High Court : Mitchell Guidance Does Not Govern ‘In Time’ Applications For Extension
- Marc Willems considers the Legal Service Ombudsman’s recent report on Conditional Fee Agreements cases and the Jackson Reforms in No win, No Fee?
- Plexus Law and Greenwoods Solicitors consider cost budgeting and and case management by the courts in Legal Watch – Whats on the Horizon
15th April 2014
- The Law Gazette considers whether the post jackson litigation enviroment is pushing PI firms towards Abitration over the courts in Arbitration in PI: A Signal To The Judiciary?
- A Plexus Law and Greenwoods Solicitors legal watch considering post Jackson/Mitchell cases Legal Watch : Personal Injury
- Mills & Reeve consider the case of Integral Petrol and the role of CPR 3.10 post Mitchell in Another Fine Mess, Mitchell, CPR 3.10 and The Service Rules
14th April 2014
- Roger Smith discusses the impact of legal aid cuts in Unpleasant Truths
- Lexis Nexis Dispute Resolution considers can a claimant recover pre-judgment interest on costs
- The Law Society Gazette reviews the Kershaw case in First Hearing not a Case Management Conference
- Litigation Futures allays the fears of commercial litigators in Rule Committee allays concern over unintended consequenecs of costs budgeting extension
- The Solicitors Journal has a piece on Post Jackson Satellite Litigation
- Simon Allen has wise words in the Law Society Gazette in Civil Procedure Relief from Sanctions
- GWS law consider the issues in Amending a Bill of Costs
13th April 2014
- Legal Orange has helpful advice on compliance in Jackson warned you about Mitchell 26 months ago
- Parklane Plowden has a summary of sanctions cases in From Relief from Sanctions to Sanctioning Relief
- Morrish & Co have a review of the Jackson Reforms (and conclude that they are a “national disgrace”).
- Willis review cases following Mitchell in a Timely Reminder
- Weighmans have a review of Costs Budgeting – theory and practice
- Hill Dickinson review the Mitchell principles in Civil justice reforms – a Robust Approach (p.9)
- North West Mediation Solutions touches on Mitchell and Mediation in Too Many Acronymns
- The e-disclosure blog celebrates in Happy Birthday Jackson Reforms
- The Ontime group consider the Jackson Reforms One Year On
- Ian Miller, writing in PI Blawg, considers r.3.10 – looking beyond 3.9 for relief
11th April 2014
- The Lawyer has a Taylor Wessing briefing on the severe costs consequences of failing to mediate.
- Legal Orange considers whether Chartwell is a continuation of Mitchell
- Lexis Nexis Dispute Resolution considers whether Exemptions in amended CPR 312. will apply in all courts.
10th April 2014 Hill Dickinson have a number of papers on the first year of Jackson following on from a conference they held on the matter.
- The introductory welcome document
- The panel debate and voting results
- Mr Justice Ramsey’s key note address
- Litigation Futures have a review (and preview) of matters relating to costs in the Funding Crowd
- Chris Dale uses his tribute to former Senior Master Steven Whitaker as an opportunity to review developments in procedure and e-disclosure as a whole (and emphasise the importance that Master Whitaker played).
- Obiter J writes on the parlous state of civil legal aid
- R Costings have an 8 month review of the EL/PL portal system
9th April 2014
- Herbert Smith Freehills Litigation E-Bulletin contains a review of many post-Mitchell decisions.
- Lexis Nexis Dispute Resolution review the new law on enforcements in 7 things you need to know
- Lexis Nexis current awareness has a number of reviews of the effect of the Jackson reforms
- The Association of Cost Lawyers reviews the MOJ’s announcement of the new fees regime
- The Lawyer carries an interesting piece on security for costs (and costs budgeting_ (£6.25 million to defend a £300,000 claim).
8th April 2014
- The Law Society Gazette reports on a complex commercial disputes surge
- Harmans have a legal costs update: the ripples of Mitchell
- Harmans also have a report – the new stricter approach to sanctions reaches the SCCO
- Sterling Cost Consultants report on the extension of rights of audience in Happy Cost Lawyer’s Day
- Kerry Underwood writes how the restriction of lawyers’ powers are paving the way to a totalitarian state
- The Solicitors Journal reports on a sharp rise in high value litigation
- James Bickford Smith of Littleton Chambers discusses recent case management decisions in Controlling the process: a view from the bar
- Rupert Cohen of Hardwicke Chambers considers Expert determination: Hidden Pitfalls
- The Solicitors Journal considers whether Mitchell was a mistake in Things can get better
- The Law Society Gazette has a piece stating PI lawyers may turn to arbitration post Mitchell
- Penningtons Manches consider non-party costs orders in Party time?
- Nabarro report on new rules in the CPR which introduce the Planning Court and Planning Fast Track
7th April 2014
- The Ontime Group consider Medical Agency fee breakdowns: Is there really an obligation to disclose?
- Sandra Patton writes on New Improved, bigger and better orders for anti Mitchell extensions: Sweet dreams
- Auxilium Legal have a review of their conference Jackson a year on
- Herbert Smith Freehills Litigation Notes consider How the Courts are applying Mitchell
- Pannone (Slater Gordon) consider the Duce case in Clearing up Procedural Muddles
- The Law Society Gazette considers the impact on civil justice in Civil Legal Aid: Justice Denied
- Coventry View provides a view on funding and access to justice in “Having Rights is Not Enough”
- Crown Office Chambers have a brief piece on the Court of Appeal refusing the appeal against granting relief from sanctions in Chartwell
- MRN discuss the decision in Bank of Ireland -v- Philip in Trip Wires for the Unwary
- Mills Chody has a comment on the fallout from Mitchell
- Lexis Nexis Dispute Resolution consider how Mitchell has affected barristers
- Jackson Parton have a piece Jackson’s reforms and relief from sanctions – where are we now and where are we going?
- Camilla Church, from 39 Essex Street, writes on Mitchell – Method in the Madness
- Class Legal looks at Criminal Legal Aid and being Mitchelled
- Building.co.uk has a nicely constructed article by Tony Bingham – Jackson: Justice going cheap
- Keoghs has the second issue of its Civil Litigation Review for 2014 (covers procedure, costs and relief from sanctions).
4th April 2014
- Legal Futures carries a piece on government research – litigants right to fear high legal costs
- Litigation Futures reports how London litigators lament post-Mitchell “game playing”
- The New Law Journal reports on how firms are adapting to litigating post Jackson & Mitchell
- Kennedys’ responses to the Civil Justice Council are now online.
- 12 KBW carry a short piece on the unsuccessful appeal against relief from sanctions being granted in Chartwell
- My Colleague Justin Crossley, writing in the Zenith PI Blog, writes on proposed changes to theCPR on extensions of time in Reasons to Resume its seat (I don’t understand the title either, but I’m sure Justin does).
3rd April 2014
- Barrister blogger has an interesting post on how to face cross-examination . This is in a criminal context but has relevance to witnesses in civil cases.
- Simon Ross, of Zenith Chambers, considers the law relating to CPR 3.9 and sanctions in Breathing a sigh of relief
- Full house perhaps for Wigapedia’s “Mitchell Bingo”
- Litigation Futures on how PI firms could bypass courts and agree to arbitrate in wake of Mitchell
- The Law Society Management section has an article by Murray Heining – a spotlight on Mitchell
- GWS has a short piece on sanctions and costs in late service of points of dispute
- The Lawyer carries a Shoosmiths briefing on CPR changes coming into force in April 2014
- The Times carries a piece: One year on the verdict on Jackson
2nd April 2014
- Kennedys’ Medical Law Brief includes a section on the Lloyd case and relief from sanctions.
- The Law Society Gazette has an article on on the increase in Court fees
- Dominic Regan reviews the first year of Jackson in Where are we now?
- Keith Etherington reviews the 70th, 71st and 72nd update to the CPR
- Chris Dale reviews recent developments in civil procedure in Justice takes a bashing but litigation work goes on
- I have provided several links relating to the new increased court fees in a post on the blog
- Chris Dale provides a link to Guidance Software: 7 best practices of highly effective e-discoverypractitioners
- The Solicitors Journal report on mayhem in the civil courts in We haven’t got a clue what we are doing after Mitchell
1st April 2014 (after 12.00am) special anniversary posts (one year of Jackson Reforms).
- Neil Rose reviews the first year of Jackson in Legal Futures in The sky’s the limit
- James Arrowsmith also reviews the first year of Jackson in Jackson Birthday Blues
- Litigation Futures also report that firms and judges are struggling with case management
- The Law Society Gazette report on the views of Ramsey J that we need to give the verdict on the Jackson reforms in Five Years
- Litigation Futures has a lengthy, and excellent, feature a white paper on Costs Management the First Year
- PICAS plus have a feature on the Jackson Reforms: happy anniversary
- Harmans have details of a Research Project on the effect of the Jackson reforms on insolvency litigation
- Rachel Rothwell reports that the Jackson reforms have led to an insurmountable barrier to actions against the police
- The Post has a one year review of LASPO (considering implications for insurers).
- The Insurance Times reports that the Jackson Reforms have not been as effective as expected
- Lexis Nexis have a free Practice Note on Jackson reforms and costs budgeting – one year on
- David Marshall, writing in the Solicitors Journal, writes that Jackson has created a brave new world of fear and uncertainty.
31st March 2014
- Rosling King have a useful and succinct review of the McTear case (relief from sanctions issues).
- Kennedys Medical Law Brief features several cases in relation to procedure and relief from sanctions
- Litigation Futures reviews the Porter Capital case in Mitchell should make the court more cautious about sanctions
- The Law Society Gazette reviews the first year of Jackson in Jackson Reforms: Shock Therapy
- Mills & Reeve consider the issue of the Mitchell criteria and service rules in Another Fine Mess
- The Lawyer carries a review of the increase of costs budgeting to £10 million cases in the Commercial Court
- A comment section in the Law Society Gazette Might the far-reaching reforms of civil justice in fact be just like the Eleusinian mysteries?
- Dominic Reagan considers Mitchell Mania in the New Law Journal
- Legal Orange considers that its time to teach performance managers about how a law firm works
- The DWF Fishburn Construction Update contains several useful cases in relation to procedure and limitation
30th March 2014
- The Association of Cost Lawyers annual conference details – complete with luminaries
- DeNovo has an article on Costs Budgets – Recent cases and developments.
- Hill Hofstetter consider the question will you be Mitchelled or not?
- The first of two articles from GWS a pithy point about a request for electronic copy of points of dispute
- The second article from GWS relates to the new costs proportionality test
- Tony Allen considers mediation and Chancery modernisation
- Anthony Gold carries a report of a defendant refused relief from sanctions when its Directions Questionnaire was served 48 minutes late in Application for Relief from Sanction Dismissed
- My colleague Nicki Phillipson, writing in Zenith’s Personal Injury blog, considers the McTear case in Breach not trivial – but strike out would be disproportionate
- Lexis Nexis Dispute Resolution carries a preview of the new costs budgeting rules in force from 22nd April 2014
- Edwards Hands & Lewis has a short piece on the importance of filing court documents correctly
- The first of two pieces from the Association of Cost Lawyers concerns the recovery of translators’ fees in lost in translation
- The second from the ACL considers costs lawyers and BTE insurers in calling in the experts
- Legal Orange writes on Using Part 18 requests to create doubt in your opponent’s mind
- The Law Society Gazette reports on proposed improvements to the courts system in Hundreds of Millions promised to improve courts
- The Law Society Gazette also deals with an interesting judgment on costs where the defendant was ordered to pay interest on disbursements
27th March 2014
- Chris Dale has a link to a survey being carried out by barrister Clive Freedman on the effect of Jackson on disclosure
- Litigation Futures discusses the judgment on costs in the Lakatmia Shipping case in relief from sanctions is not a free ride
- Ian Curtis, writing on the Lyons Davidson blog has a Mitchell Survival Guide
- The Law Society Gazette carries news of the date set for costs budget exemption rise
- The Law Society responses to the Civil Justice Council Jackson review are available
- PI Costings considers Jackson a year on
- Keoghs considers the question can law firms cope with costs budgeting yet
26th March 2014
- R Costings have a piece by barrister Simon Brindle on When is a claim form deemed issued?
- Kerry Underwood writes on the Pre-Action Protocol for the Resolution of Clinical Disputes
- R Costings have a useful piece on 5 Failures Guaranteed to Reduce your Legal Costs Recovery Chances
- Ontime group consider costs in Guideline Hourly Rates – Guidelines not Tramlines
- Walker Morris considers consequences the XYZ Breast Implant decision in Can you pay your litigation bills?You may be required to show proof
- Wigapedia on what instructions to counsel say and what they mean.
- Herbert Smith Frehills discuss the Integral Petroleum case in Commercial Court Bypasses Mitchell
- DWF carries a review of recent cases on sanctions in Don’t risk missing deadines post Jackson
25th March 2014
- Kerry Underwood considers litigation funding in No Win No Fee and the Ombusdman: Time to go
- Dominic Reagan, writing in the New Law Journal, argues that the Mitchell judgment was not a one off
- The Law Society Gazette considers that the Dunhill case may lead to old cases being revived
- Linkis reports on the development, in Nigeria, to allow the electronic filing of cases in Lagos (for anyone worried that the UK is being left behind!).
- Steve Cornforth has strong views on Jackson, Justice and an Elusinian Mystery
- Charon QC has a guest post on Understanding the Litigation Costs Reforms
- Litigation Futures carries a piece on potential changes to DBAs
- The Law Society Gazette reports on proposed amendments to the CPR to allow parties to agree to extend time in Buffer rule to relieve pressure on courts
- Building Co UK carry a piece on Lincolnshire Council -v- Mouchell where the claimant’s claim failed because of non-compliance.
- My colleague Nicki Phillipson reports on the Chartwell case in Comply in full or risk your breach helping your defaulting opponent
- 23rd March 2014
- Neil Andrews of the University of Cambridge has a paper on proportionate costs
- Bond Solon have the results of survey of expert witnesses in Jackson: one year on
- The ontime Group consider the Forstater case and whether Post-Mitchell life is not a strict as we thought
- Gresham College has a transcript of a lecture by Professor Sir Geoffrey Nice QC on advocacy “as if” the person represented or “for” the person represented.
- Lexis Nexis carries a brief report of the case of McTear -v- Englehard where there was a detailed discussion of relief from sanctions following procedural default
- Litigation Futures reports on the Master of the Rolls “Call for patience over Mitchell” (included in that report are the MR’s statement that he had “heard of some ridiculous decisions by district judges not giving relief”.
- John Hyde, writing in the Law Society Gazette, reports on Lord Jackson’s view of the reforms: a shock but they will work in time (read the comments section too).
- Nigel Poole QC gives essential guidance in 10 Rules for Telephone Conferences with Experts
- Litigation Orange provides advice for defendants on how to lay banana skins for claimants using Jackson & Mitchell
- Litigation Futures report on worries by experts that requests to withhold information tops the list of their concerns post Jackson
- Actons solicitors carry a report of the case of Singh -v- Singh in lessons for all to avoid falling foul of a new tougher approach
- The New Law Journal provides a succinct summary of the changes coming into place on the 22nd April in the One Show Second Edition
- Osborne Clarke provide a Spring 2014 Litigation Update which is packed full of useful information including a considerion of cases where Mitchell has been applied
- Lyons Davidson continue both the continuing effect of Mitchell and whether obtaining relief from sanctions is still possible
- Herbert Smith Freehills considers the extent of disclosure and the judgment in Ward Hadaway -v- DB (UK) Bank in High Court refuses to order UK Bank to disclose its Credit Process Guide
- Jasmine Murphy and Charles Bagot provide a brief report of the striking out of a second action as an abuse of process in the case of Padley -v- CDI
21st March 2014
- Geoff Zindani considers the world of casino law in : Double your Money from PI
- Bolt Burdon Kemp carry a useful and detailed review of the new rules relating to legal aid in civil cases
- David Price’s blog shows that the Civil Procedure Rules have little respect for celebrity in Katie Price privacy claim faces possible Mitchell strike out
- The Chancery Bar Association carries a report of the Fixed-end Trial Pilot
- Out-Law.com reports on the Law Society responses to the CJC that the Jackson reforms had been “inconsistent, time-consuming and costly” and had created confusion for clients.
- Litigation Futures reports on the difficulties experts have with requests to withhold information post-Jackson
- Walker Morris, writing in the Lawyer, consider whether Directors can be personally liable for litigation costs
- Halsbury’s Law Exchange considers whether the Jackson reforms can impact upon family fees
- The Association of Litigation Funders explain – what is litigation funding?
- Legal Orange considers the five main problems with costs budgeting.
19th March 2014
- Lexis Nexis Dispute Resolution reviews the April 2014 changes to the CPR
- Lexis Nexis also contains a preview of the new cost budgeting rules that come into force on the 22nd April 2014
- Chris Dale considers the responses to the CJC consultation paper in a hard hitting paper stating that the response papers pull no punches but Grayling and the MOJ will ignore them
- Legal Cheek carries an excellent piece by Gemma Witherington on Six Qualities that wannabe litigators must possess following the Jackson Reforms
- My colleague Catherine Duffy, writing in Zenith PI blog, considers the AEI case in Mitchell Strikes Again – Late Service of Particulars
- Lucy McCormick, of Henderson Chambers, writing in Litigation Futures considers applications to disapply the costs budgeting regime in Busting the Budget
- The New Law Journal considers Jackson: the impact on experts
- Herbert Smith Freehills considers the Clarke case in High Court refuses permission for new expert when party delayed in disclosing previous expert’s withdrawal
- Daniel Wyatt writing in the Commercial Litigation Blog has a round up of recent decisions in relation to relief from sanctions.
- Kerry Underwood writes on the Rules of Survival for practitioners after Mitchell
- Paul Marshall writes on Mitchell and the Murder of Cabin Boys
- Litigation Futures writes on the RBS Costs budgeting application and outcome of the Premature bid for costs budgeting
- Kerry Underwood considers whether the Supreme Court is anti Mitchell-Jackson
- Triton considers the Rattan decision as an outbreak of commonsense
- Law Actually considers what the public should know about the Jackson reforms
- Herbert Smith Freehills considers the Luckwell case in a witness should only be excluded from court with good reason
15th March 2014
- The Law Society Gazette reports the Law Society response to the CJC consultation on the Jackson reforms – they pose a serious risk to justice.
- Legal Orange on Why Claimants cannot wait to abuse QOCS
- The Association of Cost Lawyers have an article by David Corker: Wasted costs: are litigation lawyers under fire?
- Richard Harrison, writing in the New Law Journal, considers the immense harm caused by the Mitchell case in Heads, brick walls and Civil Justice Reforms
- GWS have a useful list of which Costs Judge goes where during Senior Court Costs Office Renovations
- GWS also consider the importance of the statement of truth in costs budgets
- The New Law Journal carries a report of the Samara case and issues relating to delay in applying to set aside judgment
- John Hyde, writing in the Law Society Gazette, pulls no punches in Jackson or Mitchell? Either way its a mess.
- My Colleague Chris Rafferty, writing in the Zenith PI Blog, considers the implications of defective witness statements in Non-Compliance with Part 32
- Elliot Kay, also in the Zenith PI blog, considers the Clarke case and the need for speed.
- Martha Spurrier discusses the civil perspective on cuts to legal aid
- Sri Carmichael, writing in the Hardwicke Chambers blog, considers the thorny issue: Can a claimant issue a fresh claim having failed to obtain relief from sanctions?
- Bri Stevens-Hoare QC, again writing in Hardwicke Chambers, considers problems caused by amending a statement of claim after the limitation period has ended
13th March 2014
- Berwin Leighton Paisner consider Does the Court have to sanction all extensions to the litigation timetable
- The Society of Computers & the Law are conducting a survey on e-disclosure post-Jackson
- Sonita Hayward of Bolt Burdon Kemp looks at the Samara judgment in setting aside default judgment will not be entertained lightly.
- Herbert Smith Freehills have an interesting piece on witness evidence in the accuracy of witness testimony and the psychology of investigations
- Kennedys’ Liability Brief has a section on relief from sanctions and altering the timetable
- Paul Taylor, writing in The Law Society Gazette, considers Proportionality and Legal Costs
- The Barrister Magazine has advice on perfecting negotiating, persuasion and influencing skills
- The Law Society Gazette consider the Rattan case and the judge’s comments that this was manifest nonsense
- Litigation Futures also considers the Rattan case
- Judith Rounturee, writing in Lexis Nexis Dispute Resolution, bravely tackles the question that many other have dodged when she considers What is trivial?
12th March 2014
- Litigation Futures reports on the City of London Commercial Law Society Response to the Jackson reforms which have done nothing to improve commercial litigation.
- The Law Society Gazette considers Thompsons’ response to the CJC which savages the reforms and creates a climate of fear
(Both the City of London and Thompsons’ responses are on this blog here)
- Legal Orange provides invaluable guidance on Michell Proofing your Claim from Cradle to Grave
- Louise Chambers writing in Litigation Futures gives advice on costs budgeting, Precedent H and how to avoid working for free
- Continuing the music theme Legal Harmony have a legal choir competition
- Family Law has a useful summary of the Supreme Court case in Dunhill -v- Burgin
- The Law Society Gazette considers the injustice caused by pre-medical offers
11th March 2014
- The Lawyer considers professional negligence claims in Claims -v- Reality
- Legal Orange considers The Next Big Thing in Professional Negligence Claims
- Read Thompsons’ very powerful submissions on the Jackson Reforms
- Bond Dickinson review the Clarke case in Claimant loses gamble on second expert’s valuation report
- ICLR consider the problems of McKenzie friends in regulating the irregulars
- Masood Ahmed considers the Murrills case and the appropriate address for service in CPR 6.9
- Sarah Appleby, writing in the Local Government Lawyer, considers active Case Management Post-Jackson
- Lexis Nexis have a useful April CPR Update
10th March 2014
- Litigation Futures reviews Mark Burton’s comments Is this the Mitchell effect? Self-preservation ahead of corroboration.
- James Bickford Smith of Littleton Chambers deals with defective witness statements and sanctions in his monthly review.
- Elliot Kay of Zenith Chambers reviews the appeal criteria in Appeal with Caution
- Elizabeth Repper of Keating Chambers advocates the mediation of neighbour disputes
- Start of a trio of work done by Eversheds – in their costs and procedure personal injury update
- Eversheds also have a quantum update (which touches on procedural matters)
- Eversheds have a liability update.
- James Breran writing in the Law Society Gazette discusses Mitchell: Procedural Forfeiture
9th March 2014
- DWF Insurance Brief for February covers Jackson, sanctions case law and costs budgeting
- Legal Orange carries out a characteristically astute review of the rule changes on 1st April 2014
- Elizabeth Repper has revised and updated her book review of the Jackson ADR Handbook
- Lawlords look at the relief from sanctions granted to the parties who filed late budgets in Porbanderwalla v Daybridge Ltd
- Myers Lister Price review litigation strategy in Sanctimonious Sanctions: Your Litigation Friend
- Hill hofster consider What is professional for the purposes of the Professional Negligence Pre-Action Protocol?
- Eversheds Personal Injury Bulletin on Costs and Procedure covers several cases in relation to sanctions, costs and costs budgeting.
- Olivia Streatfield at Bargate Murray reports on recent case law relating to defective witness statements.
- Keep Calm Talk Law states Costs Management: A step in the right direction
- Construction Chat considers Dispute Resolution in Construction
- Wooley Bevis Diplock recommend avoiding pins & needles in Sitting on hands Not an Option post Jackson Reforms
- The Sunday Times extols the virtues of collective music making and Norton Rose’s music room in I’d like to teach the office to sing (Zenith Chambers has had a number of musical groups, no choir yet though).
7th March 2014
- Richard Harrison of Laytons Solicitors has made interesting submissions on the Jackson reforms to the Civil Justice Council.
- Chris Dale comments on the forthcoming Kennedys seminar in Birmingham: Surviving Jackson one year on.
- Legal Orange considers Costs-Law Firm Management
- Legal Orange also discusses his response to the CCJ consultation on the Jackson reforms
- Lexis Nexis Dispute Resolution blog considers the AEI case in Service of Particulars: Relief from Sanctions denied
- Andrew Hogan, blogging as Costs Barristers, considers Jackson one year on.
6th March 2014
- Hill Dickinson report on the case of Irfan -v- Mahmood where a case was struck out at an interlocutory stage as a result of fraud
- John Bates has cleverly put together the tweets from Kennedys’ “Surviving Jackson One Year On” talk
- Nearly Legal considers the AEI case and comes to the conclusion Basically we are all… (presumably pleasantly surprised at the ability of the courts to administer substantive justice).
- Litigation Futures reports that Precedent H is to be amended but no news on costs management limit
- Justice summarises the new rules coming into force on the 1st April
- Helen Rutherford also provides a succinct summary of the new rules
5th March 2014
- Keith Etherington has an important letter about errors in the form relation to provisional allocation on his blog.
- Elizabeth Repper considers the importance of the Jackson ADR Handbook
- An important debate on Court fees is considered in the Law Society Gazette in A magisterial rebuttal
- Legal Orange reports on the Association of Insurance Lawyers conclusions that Mitchell is here to stay.
- Legal Orange also considers Feedback on Jackson
- I have to express my admiration for Keith Hetherington’s succinct and accurate summary of the CPR Changes from April 1
- Recommind are in Shakespearean mode when they doth write Much ado about Mitchell in UK means choose your eDiscovery weapons carefully
- Clyde & Co’s Insurance and reinsurance weekly update covers numerous cases, included the Summit Navigation decision.
- Herbert Smith Freehill’s Litigation Notes report on the AEI case and the judge’s view that failing to give relief from sanctions was unjust and disproportionate
- Weighmans consider the effect of the Jackson reforms on dishonest and fraudulent claimants in No relief for dishonest claimants
4th March 2014
- I can’t hide my admiration for the blunt talking from Legal Orange in for Defendants – tactics for delaying Claimants
- Robert Pettitt gives useful guidance on costs in Challenging tips for the paying party (Robert has asked me to make clear that this article is written with tongue in cheek).
- PI Blawg considers the Mitchell criteria and what is trivial?
- Herbert Smith Freehill consider the Summit case in Commercial Court seeks to discourage tactical use of Mitchell
- Hill Dickinson consider Costs Budgeting and Compliance: what will 2014 bring?
3rd March 2014
- Litigation Futures reviews this month’s case summaries: capacity, part 36 and statements of truth
- Litigation Futures considers the judgment in Clark -v- Barclays (relief from sanctions).
- Elizabeth Repper of Keating Chambers considers Settlement meetings: the importance of early planning
- Construction Law blog has a review of February with Jackson, adjudication and auroras
- Andrew Ritchie QC writes why Mitchell is a bad decision
- Rachel Rothwell in the Law Society Gazette invites everyone to have your say on Jackson
2nd March 2014
- Kerry Underwood discusses the Telegraph article he insists that he has not written (but I suspect wishes he had)
- Legal Orange considers making Norwich Pharmacal orders against the police and banks.
- Kennedys reports on a recent case in relation to limitation in construction claims
- Kennedys Professional Indemnity Brief considers, amongst other things, wasted costs after the Jackson reforms.
- Kennedys report that court orders are not an optional indulgence
- Law Careers.net looks at the increased importance of deadlines in civil litigation
- Deidre Goodwin of 13 Kings Bench Walk writes that Mitchell means that there is no procedural hiding place
- The Solicitors Journal has a useful Litigation Feature
- Not a new post but I wanted to point people to the article in Coventry view on Mitchell and Law or Justice
28th February 2014
- Hugh Tomlinson QC, writing in legalweek.com considers Privilege and reporting documents read out in court
- Litigation Futures considers Mitchell, sanctions and other issues in Fall-out shelter
- Legal Orange considers the tactic of making a Part 36 and Calderbank offer on the same date
- Slighlygrumpy writing in the Telegraph considers the whole procedural scenario and concludes that Judges and not administrators
- The Association of Costs Lawyers considers costs budgeting in multi-party cases
- Dominic Regan, writing in the New Law Journal, considers whether Mitchell is set in stone
- I have to start with Kerry Underwood’s review of the AEI case in “The revenge of Mr Justice Andrew Smith“
- DWF review the portal figures
- The New Law Journal reviews the Summit case and concludes that the Court rebuffs tactical use of Mitchell
- The Lawyer reviews the Tchenguiz case and guidance on the use of litigation privilege.
- The Lawyers looks at the problems with GLOs: costs fights and the RBS case
26th February 2014
- Robin Dunne of clerksroom has written an e-book Civil Costs the Esssential Guide
- Legal Project Management look at costs budgets and costs management
- Litigation futures consider the AEI case in Raayan judge shows he has learnt his Mitchell lesson
- Clyde & Co Professional Liability provide an essential list of “Dos” & “Dont’s” following Mitchell.
- Pinsent Mason consider costs sanctions and consider that a “sensible and pragmatic” approach is emerging
- Clyde & Co also cover some of the decision on sanctions in their insurance and reinsurance weekly update
- Herbert Smith Freehills consider the recent Court of Appeal decision in Rawlinson and Hunter Trustees and the need for a dominant purpose in claiming litigation privilege
25th February 2014
- Kerry Underwood reviews the relief from sanctions cases to date and is, as ever, trenchant in his views.
- Litigation Futures ponders whether the “buffer directions” blows the Jackson/Mitchell principles off course.
- Legal Orange comments on applications for relief from sanctions in the context of bad advice received from senior members of his firm.
- Legal Orange also contains guidance on the effective use of the Practice Direction for Pre-Action Conduct.
- The Solicitors Journal reports on the Summit decision and the award for costs made to the successful part.
- Civitas Law report on the case of AEI -v- Alstom where particulars of claim where struck out for being served late.
- Lexis Nexis Dispute Resolution report on the increase of the costs budgeting requirements to cases up to £10 million
24th February 2014
- James Wathey (counsel for the applicant in Summit Navigation) summarises the result on his blog
- Herbert Smith Freehills Litigation Notes have a useful summary of the Supreme Court decision in Williams v Central Bank of Nigeria  UKSC 10 – limitation period against third parties in relation to fraudulent breach of trust.
- PI Blawg considers the potential softening of Mitchell
- Lexis Nexis dispute resolution considers opportunities and threats in the post-Jackson environment
- Just Costs consider sanctions and budgets in budgeting thick and fast
- Keoghs bulleting Disease Aware considers the Jackson reforms in Jackson: white glove iron fists
- Jotwell (an American legal journal) has an interesting discussion of the Jackson reforms from the USA perspective in Jackson
- CMS Cameron McKenna discuss how the courts are acting to reduce extensions of time applications.
- Bond Dickinson’s Insurance Timeline covers many of the recent decisions in procedure
- Civitas Law have a short discussion of the Chartwell case and relief being granted where witness statements are served late.
- Kennedys discuss court pressure to mediate in resisting the one size fits all approach
- Kennedys also discuss wasted and indemnity costs orders post Jackson
- Elizabeth Repper has written a series of articles on mediation for the Construction blog, the latest is making offers, receiving offers and drafting in advance. The advice on mediation is important and can be applied generally.
- The Commercial Bar Association has given a robust response to the consultation paper on court fees
22nd February 2014
- The Steve Cornforth Blog reports on the really scary Mitchell
- Harwicke Chambers celebrate the success of one of their own members when considering the decision in Summit Navigation
- Litigation Futures also considers the Summit Navigation case and warns that the High Court sends out a Message against the tactical use of Mitchell
- Legal Orange has two entries today. The first is an ode to a certain district judge.
- The second is a consideration of what is meant by promptness
- Legal Orange’s blog will lead you to a link to a detailed article by Tom Petts of 12 KBW the second edition of is there life after Mitchell ? (It is a sign of the times that, despite this excellent piece being written on the 17th February there have since been 5 important cases. Expect the 3rd edition soon!).
- Brachers warn litigators beware life after Mitchell
21st February 2014
- The Law Society Gazette discuss the Summit Navigation case in Court rules against Mitchell as a “tactical advantage“
- legalcostsperspectives provides a helpful review of key points from the ACL Conference
- DWF consider whether the “buffer directions” are watering down the Jackson Reforms
- Consumer Credit Litigation, Banking & Debt Collection advise on Applications to set aside judgment for litigants in person
- Ontime’s web site carries a report of the case where it was held that an unsigned witness statement was not a serious breach
- 39 Essex Street’s Court of Protection team look at the implications of the reporting of CoP judgments
20th February 2014
- berladgraham discuss “the Mitchell effect“
- Nichola Evans, writing in The New Law Journal, discusses discrepancies in approach to procedure and sanctions in “Going Local“
- Wragge & Co consider what is the status of an arbitrator’s decision before court judgment or award by arbitrator
- The UK Human Rights blog report that loss of capacity does not automatically terminate solicitor’s retainer
- Litigation Futures takes a wry look at developments in funding and procedure in Fund of Knowledge
19th February 2014
- Everyone should read Legal Chap’s problems with the court system in “do as I say“
- Practical Law ConstructionBlog on why the Jackson ADR Handbook is essential reading
- Greenwood/Plexus Personal Injury carries articles on costs budgeting, expert evidence, and costs.
- The prolific authors at Greenwoods/Plexus also have articles on service and contempt of court another edition has a review of post-Mitchell case law
- The Association of Cost Lawyers discuss a well known case in Christie’s lawyers miss the starting gun
- GWS discuss the case of Burton -v- Cranfield Delta Whiskey Group and relief from sanctions
- Harmans have their Costs Brief for February – inevitably involves relief from sanctions cases
18th February 2014
- Bond Dickinson write on Non-Party disclosure in loss of opportunity claims
- James Wathey reports on CPR 3.9 and the staying of actions in a note of the judgment in Summit Navigation Ltd
- Pump Court Chambers report on Sanctions Proofing – new model direction
- Chris Dale provides a survey of a number of matters in Washington and New York to Mitchell via privacy, Singapore and Lobachevsky.
17th February 2014
- Richard Harrison provides a historical backdrop to the Mitchell decision in Heads, brick walls and civil justice reform
- Litigation Futures considers the decision in the Bank of Ireland case in “near miss compliance“
- Matthew Arnold & Baldwin considers how the Queen’s Bench division statement appears to contradict Mitchell
- The Solicitors Journal report on Coulson J’s criticism of experts who take on too much work
- Steve Cornforth’s blog reviews recent decisions and poses the question Mitchell – a glimmer of sanity?
- Rachel Rothwell considers potential reforms to costs budgeting in Budgeting: what will the new limit be?
16th February 2014
- David Partington of Sovereign Chambers discusses the latest directions in the RJC and a softening in the post-Mitchell climate.
- Less less ordinary also discusses the RCJ directions in common sense awakes from its slumber
- Farleys discuss how the Mitchell ruling could lead to an increase in professional negligence actions
- Wragge & Co discuss Mitchell and post-Mitchell cases in No More Mr Nice Guy
- PI Blawg carries an article by Rhiannon Lewis on Relief from Sanctions in Practice
- Kennedys Liability Brief discusses the impact of Jackson/Mitchell
- The New Law Journal discusses the future for commercial litigation in what follows Mitchell
- Gannons consider Mitchell and the Jackson reforms in what to expect from the new English Litigation System
- The Law Society Gazette notes the Civil Justice Council’s forthcoming review of the Jackson Reforms
- Millnet carries a fascinating note about the use of the internet and use of a Virtual Registry in New South Wales it will be open all hours
14th February 2014
- Litigation Futures reports on how the judiciary mulls allowing parties to agree extensions of time between themselves
- Kings Healthcare carry a post about the new clinical negligence model direction
- The Civil Justice Council are inviting response papers on the impact of the Jackson reforms
- Kerry Underwood provides advice for fellow professionals in a law firm break up is not a fantastic opportunity (includes the quote “Courts: Handing out holier than thou Mitchell decisions crucifying us for the tiniest human error as you preside over a crumbling court system that gets worse by the hour is offensive”.
- Litigation Futures discusses the case of Porbanderwalla v Daybridge Ltd and the judge’s view on relief from sanctions
- The Supreme Court has produced a guide to proceedings aimed at those without legal representation.
- Lexis Dispute Resolution consider the Newlands case and whether an Appeal is better than relief from sanctions
13th February 2014
- The Ontime Group wins the prize for all the worst puns in one go in “Quick out of the blocks:Christie defendant disqualified for false budget start “
- The Law Society Gazette reports that the Civil Justice Council “blasts proposed court fee hikes“
- RPC have a useful Litigation Bulletin on the relationship between the CPR and the Companies Act when serving a director abroad
- Lexis Nexis Dispute Resolution carry a copy of the Judicial Office statement on extensions of time.
- Legal Futures carries a discussion of whether judges and opponents are targeting lawyers
- Tom Shepherd at 11 SB carries an extensive review of the consequences of witness statements as a result of Lloyd and Mitchell in “don’t get caught out“
12th February 2014
- Kerry Underwood considers the issue of historic breaches, Mitchell and court sponsored civil war
- Kerry Underwood has (wisely) declined to enter the punning competition in Mitchell, Linford Christie and Part 36
- Kerry Underwood (prolific I know) pulls no punches in his review of HMRC -v- McCarthy Administering Rank Injustice
- Kerry Underwood reviews the new guidance on agreeing extensions of time in Major retreat from Mitchell
- Garden Court North Chambers consider the effect that changes to the CPR have had on housing cases
- Legal Orange talks about the “Sunday Dreads”
- Lexis Nexis Dispute Resolution have an important post on 7 things to consider when bringing new proceedings after summary judgment or strike out
- Lexis Nexis Dispute Resolution also joins the punning competition in their commentary on Burt -v- Christie in breaks no records
- Wigapedia’s Legal Dictionary contains several essential (and highly accurate) definitions for the modern litigator
11th February 2014
- John Hyde writes about the Burt -v- Linford Christie case with the (unsurprising) title “slow off the blocks“
- Anyone want convincing our court system is based in the 19th Century read this press release on developments in procedure in New South Wales
- Modern Law Magazine reviews views from all sides and concludes unintended consequences of Mitchell decision are “terrifying”
- Litigation Futures considers the decision in Lotus cars decision in three into one will go
- The Solicitors Journal has a short piece Mitchell: a survival guide
- Legal Cheek carries a review of cases of litigation misdemeanors in who’s been a naughty boy?
10th February 2014
- Pananopticon Blog (11 KBW) considers the use of disclosed documents
- Legal Orange discusses proportionality and setting reserves
- A very brief comment by Boris Kremer in the Law Society Gazette Mitchell:abyss beckons
- Another interesting observation in the Gazette from Vincent Oakley in Time to make a stand
- Herbert Smith Freehills have a discussion of Mitchell and its aftermath: getting tough on compliance
- Litigation Futures reports Dominic Regan’s comments on the need to amend client care letters to deal with Mitchell
8th February 2014
- Colemans summarise the importance of the decision on capacity and a solicitor’s retainer in Blankley -v- Central Manchester
7th February 2014
- Keoghs provide a comprehensive Civil Litigation Review for 2014
- The Law Society reports on the increase in the scope of costs budgeting to cases more than £2 million
- Legal Orange considers that its time to discuss promptness
- Winston Jacob, writing in the New Law Journal, considers costs and s.132(A) of the CCA in Room for Judgment
6th February 2014
- District Judge Jordan considers the Jackson reforms in the Solicitors Journal in torn both ways
- Inside Counsel consider the early use of case assessment
- John Collins of Zenith Chambers considers applications for an adjournment and the doctors note
- Andrew Wilson of Zenith Chambers considers s.33 of the Limitation Act and the Court of Appeal guidance in Davidson -v- Aegis
- Hugh James considers what happens to a claim when a person dies
- Litigation Futures considers the forthcoming duty of a judge to notify regulators when a wasted costs order is made.
- Legal Orange has some trenchant views on Liability Adjusters
- Robin Tilbrook offers his own view of the Jackson reforms in Petty bureaucracy trumps justice in the Royal Courts
- Colin Richmond of Zenith Chambers considers the efficacy of expert evidence in fact or friction
- Allen & Overy consider the case of Pike -v- Turner in indirect or secondary damage in England sufficient to meet the tort jurisdictional gateway test
5th February 2014
- Colemans consider the case of Blankley -v- Central Manchester – whether loss of capacity automatically terminates solicitor’s retainer.
- Lexis Nexis consider the Post Jackson outlook in Business Efficiency is the key to Profitability
- KJC Costs consider the judgment on the “one-fifth” rule in Stone Rowe Brewer -v- Just Costs
- Lamb Chambers Round-up includes a consideration of relief from sanctions and other topical issues in relation to procedure.
- Mills & Reeve report on the battle to reduce the costs of litigation
- Mills & Reeve also report on litigation privilege – not so easy to come by
- piBlawg discusses problems with unco-operative litigation friends
- Legal Orange gives advice on recruiting and daily operations for fee earners and support staff
- The Solicitors Journal provides advice to solicitors on the benefit of note taking
- Litigation Futures considers whether court fees could exceed costs if proposed reforms are put in place.
4th February 2014
- Legal Orange gives practical guidance on getting a stubborn opponent into ADR
- District Judge Hickman writes in the Law Society Gazette – “Mitchell – once more into the breach “(read the final paragraph in particular).
- Dispute Resolution considers litigation privilege and the Starbev -v- Interbrew case in “Dominant purpose litigation privilege rejected”
- Rachel Rothwell, writing in the Law Society Gazette, notes the disparity between the recent Supreme Court decision on errors in the drafting of wills and the courts approach to errors in civil procedure.
- I have written before on the dangers of bias in taking witness statements and obtaining evidence, using Hillsborough as an example. The BBC Report on this issue makes interesting reading.
- Mondaq consider the question: Jackson: revolution or evolution?
- DWF monthly Insurance Brief considers many of the cases relating to the Jackson reforms.
- Kennedy’s Case Reviews looks at pre-action disclosure and the case of Smith -v- Secretary of State for Energy and Climate Change.
- Mill & Reeve review numerous procedural cases in their round up of recent cases.
- Matthew Harman’s presentation notes on Costs and funding post-Jackson are available for all to view.
3rd February 2014
- Jon Williams considers Mitchell, and reviews many of the subsequent cases, in “a sigh of relief“
- Litigation Futures considers the issue of costs management exemption and hybrid DBAs.
- The Solicitors Journal carries prescient advice “Don’t leave claims until the 11th hour“
- The Barrister’s Hub has a useful article on when to plead fraud in civil cases
- Read the Chancery’s Bar Association response to proposals for increased court fees
- RPC have a consideration of the principles relating to split trials in does proportionality rule?
- DWF consider the portal and casualty date
- SpeechlyBircham provide a brief summary of the law of privilege in Privilege – a Primer
- Walker Morris considers the risks of refusing to mediate in ADR:Prevaricate at your peril
- Law and Lease considers costs in the context of residential service charges
- Louise Restell communications carries an interesting post on personal injury advertising in “The secret of happiness“
2nd February 2014
- Brabners report how the Mitchell soap opera continues
- Charon QC considers the new world of legal work (a little off topic I know, but of great relevance to most litigators).
- Matthew Arnold & Baldwin consider the question whether there was sufficient consultation about the introduction of the new CPR 3.9
- Bristows consider the Mitchell case in summary
- Ince & Co provide an interesting guide to civil justice reforms in Hong Kong comparing them to the CPR.
- Rawlison Butler LLP consider the costs consequences of failing to mediate
- Wragge & Co consider, amongst other things, relief from sanction cases in their Finance Litigation Briefing
- Read Litigation Orange’s rueful review of the problems of in-house training
1st February 2014
- Greenwoods and Plexus Legal Watch carries a brief Post Mitchell update
31st January 2014
- Legal Orange considers whether the loss of success fee uplift is altogether a bad thing
- GWS consider issues relating to time for service for replies points of dispute a
- Clyde & Co discuss Mitchell and the “three line whip“
- Browne Jacobson consider developments in relation to procedure in their Insurance Law Annual Review
- Inside Housing consider the Mitchell case under “Letter of the Law“
- Weighmans consider the insurance implications of Mitchell in a cautionary tale
- Dominic Regan, writing in the New Law Journal, considers more Jackson change on the horizon
- Halsbury’s Law Exchange considers whether a solicitor can ever be personally liable to pay costs
30th January 2014
- Kerry Underwood discusses the Pre-Action Protocols, pre-action conduct and ADR
- Reynolds Porter Chamberlain discuss the case of Starbev GP Ltd v Interbrew Central European Holding BV and the relevant principles governing litigation privilege in “Litigation Privilege a Cautionary Tale“
- Speechly Bircham discuss the decision in PGF II SA v OMFS Company 1 Ltd and the Court of Appeal’s decision to impose a cost sanction on a successful party because they refused to mediate in Refuse to mediate at your peril.
- Kennedy’s discuss the courts approach to allowing the introduction of new evidence after a trial and the Court of Appeal’s guidance on pre action disclosure in Medical Law Brief.
- Matthew Arnold & Balwin LLP discuss the case of Webb Resolutions v eSurv Limited  EWCH 49 (QB) in “Relief from Sanctions – even though there was no sanction”
- Wedlake Bell consider Mitchell and whether Jackson constitutes Revolution or evolution.
- The New Law Journal considers More Jackson changes on the horizon
29th January 2014
- The Law Society Gazette reports on the proposed increase of county court jurisdiction in property cases to £350,000
28th January 2014
- Nichola Phillipson of Zenith Chambers reviews the latest cases on Jackson in the Jackson Corner
- Litigation Orange ponders the (probably currently unanswerable) question whether the decision in Mitchell applies to setting aside a default judgment
- Kerry Underwood has a (perhaps slightly tongue in cheek) look at fraud and RTA
- Hill Dickinson report sanctions cases under the heading new week new cases
- Clyde & Co discuss a number of sanctions cases in their insurance and reinsurance weekly update
- The Lawyer reports on the cases that bring home the Jackson message
27th January 2014
- RPC consider the Lloyd case in No Way Out
- Nigel Poole QC considers the cases after Mitchell
- TaylorWessing consider Mitchell and the heavy costs of non-compliance in “the real costs of plebgate“
- Legal Orange adds to the blend of discussion on costs in the piece on costs draftsmen and War Stories
- The Law Society Gazette carries a comment piece on Mitchell – Nothing Less than Draconian
- The New Law Journal reports on the Low Commission and alternatives to cutting public funding for civil legal aid.
- Kennedys Motor Brief covers, among other things, the performance of the portal.
- Plexus and Greenwoods Legal Watch covers the ability of the court to limit the number of witnesses at trial
- Now time is of the essence in civil procedure it is interesting to look at the Friday Funny from My Case where a motion was filed less than five minutes late
- 13 KBW Personal Injury and Clinical Negligence team have a monthly Case Law and Practice Update for January 2014 with links to previous updates
26th January 2014
- Another recommendation for the Legal Orange blog on how to instruct counsel
- Coventry View takes a look at the recent sanctions decision in M A Lloyd -v- PPP International
- Nearly Legal also takes a look at the Lloyd case (from a different angle). Personal injury practitioners (landlord & tenant and local government lawyers) may wish to read the review of the Trafford -v- Blackpool Council judicial review also in the same article.
- Dealing with the recent discussion of written advocacy there is an example of a skeleton argument in a defamation case (in an application that was successful).
- De Novo look at Mitchell and later developments in case law
- Law Actually asks whether judges are being too harsh following the Jackson reforms.
- Hill Dickinson have a section in Mitchell in their local authority update Keep it Local
- It is interesting that Gregson’s Terms of Business have a clear and express reference to the Jackson reforms, the need for compliance with the procedural timetable and consequences of striking out (see paragraph 25)
24th January 2014
- The Solicitors Journal discusses the Lloyd case – agreements by parties to extend time not enough in post Mitchell Litigation
- Alaina Galley writes in the Local Government Lawyer of lessons for local authority lawyers from the plebgate affair
- SAS Daniels review the law as to privilege and the Garbov decision in Think Before you Write
- Pinsent Masons also review the rules relating to privilege before litigation was reasonably anticipated
- John Hayes reviews the failure to obtain relief from sanctions in Long -v- Value Properties (see also their earlier post on Harrison -v- Black Horse)
- Kerry Underwood has updated his Overview of Jackson (read the comments and questions too)
- Civitas Law also deals with the question of whether you can agree to extend time.
- David Partington of Sovereign Chambers deals with the decision in Lloyd in More Life Post Jackson and Mitchell
- Law Actually asks whether judges are being too harsh after Mitchell
23rd January 2014
- Legal Future has a round up of recent developments, including a consideration of sanctions cases in Candid Camera
- Matt Malloy writes, in MCMS blog, on the dangers of expert witnesses appearing to be partisan ( has a useful list of cases where experts were criticised).
- The Consumer Credit, Banking and Debt Collection blog has a short example of a case that came to grief in Mitchell Bites Again
- John Spencer Solicitors write on Mitchell and a Sanction Too Far
- Matthew Arnold & Baldwin write on the Lloyd case under the heading Relief from sanctions
- Lewis Silkin write on the Durrant case in Brave New World.
- Litigation Futures reviews recent costs cases under the heading “he’s a naughty boy“
- Chris Dale writes on e-disclosure and reducing the number of documents to be reviewed
- Unity chambers have The Answer to Mitchell (use their ADR service!)
- Sarah McCann of Hardwicke Chambers has an article on obtaining a defendant’s insurance details and the CPR
- The Law Society Gazette reviews the Webb case under the title camouflaged submissions
- Lexis Nexis Dispute Resolution has a discussion of the Court of Appeal decision in Thevarajah
- Richard Harrison of Laytons, writing in The New Law Journal, has a (self-confessed “rant” – or a sceptics guide) about budget control
22nd January 2014
- Jasmine Murphy of Hardwicke Chambers discusses the case of Lloyd and whether court permission is required to extend the time for the exchange of witness statements.
- Anthony Gold solicitors discuss whether relief from sanctions is a thing of the past
- The Association of Cost Lawyers anticipate a busy year ahead in 2014
- Kennedys post on Motor liability: claims and fraud
- I recommend the guidance on County Court Advocacy for Occasional Advocates at Litigation Orange
- Paul Hughes of Kings Chambers has updated his article which asks the very apposite question can you extend time for points of dispute?
- James Bickford Smith of Littleton Chambers writes on Mitchell Part 2 a practical view from the Bar
21st January 2014
- Hill Dickinson carry an interesting report of an action struck out because of the claimant’s failure to disclose information.
- Practical Law carry an example of the Mitchell guidelines being applied in a tax tribunal case
- DWF report on solicitors refused insurance cover, with an interesting link to the consequences of Mitchell
- Insurance Law by Browne Jacobson reviews the decision in Durrant
- The Solicitors Journal carries a piece on the Civil Procedure Rules and Silly Mistakes
- Rachel Rothwell writes on Funding and ATE in 2014 in the Law Society Gazette
- The Law Society Gazette has a feature on How to Manage Documents
- Melanie Hart writes in the Solicitors Journal on Tackling the Jackson Question
- Richard Harrison has sent me another of his articles on Jackson, Mitchell and musicals Justice, Jackson and Javert
- Thomas Legal Costs carry a short report of the case of Bocacina where costs were reduced to take account of a pre-action offer by the paying party.
20th January 2014
- Kerry Underwood writes on the Harshness of Mitchell in the Law Society Gazette (the comments are worth reading too).
- Richard Harrison of Laytons draws (wholly serious I am sure) analogies between Mitchell and Les Miserables in Never Know Your Luck
- The Law Society Gazette reviews the decision in Karbhari in Out of Excuses
- Greenwoods and Plexus law in Legal Watch discuss recent developments and future trends, including costs budgeting and work in the portal.
- Eversheds provide an Update on Restricted Use of Disclosed documents
- Litigation Futures carries a report of Master Rowley granting Relief from sanctions following a failure to lodge a N251
- The Lawyer carries a review of the major cases of 2013
- International Law Office reports a Cautionary Tale in relation to Litigation Privilege
19th January 2014
- Richard Moorhead discusses important ethical questions that arise in litigation in “What any person in my position would do is…” at http://lawyerwatch.wordpress.com/2014/01/18/what-any-person-in-my-position-would-do-is/
- Shoosmiths discuss the problems caused by failure to miss deadlines at http://www.access-legal.co.uk/legal-news/Failure-to-meet-deadlines-will-have-damaging-consequences-for-clients-6281.htm#.UtsochBFDIU
- Clyde & Co have a comprehensive update of updates in banking litigation, arbitration and regulation, including a section on post Jackson reform at http://www.clydeco.com/uploads/Files/CC004471_Legal_update_Banking_litigation_in_2013_02.01.14.pdf
- Littleton Chambers have an article on “Mitchell Part 2” [Durrant] at http://www.littletonchambers.com/articles-downloads/jbs-plc-mitchell-part-two.pdf
- Herbert Smith Freehills have a discussion of the Thevarajah v Riordan  EWCA Civ 15 decision on relief from sanctions at http://hsfnotes.com/litigation/2014/01/17/court-of-appeal-overturns-order-granting-second-bite-at-the-cherry/
- Beale & Co have detailed consideration of the consequences of Mitchell. This considers the likely response of indemnity insurers see the article at http://www.beale-law.com/uploads/files/beale_and_company/publications/308/UPDATE_ON_MITCHELL_V_NGN_LTD_2013.pdf
- Kerry Underwood considers the Pre-Issue model contingency fee agreements http://kerryunderwood.wordpress.com/2014/01/16/pre-issue-model-contingency-fee-agreement-and-guidance/
- Litigation Futures considers the latest Court of Appeal decision on relief from sanctions at Thevarajah v Riordan & Ors  EWCA Civ15 http://www.litigationfutures.com/news/third-time-unlucky-court-appeal-continues-hard-line-relief
16th January 2014
- Temple Barrister Direct have a short article on the Mitchell case at http://www.templebarristerdirect.co.uk/blog/?p=137
- Patrick Allen writes on the personal injury market post Jackson (including an incisive consideration of the effect of Mitchell) at http://www.newlawjournal.co.uk/nlj/content/jostling-position
- Kennedys have a useful note on damages and accidents abroad http://www.kennedys-law.com/casereview/damagesaccidentabroad/
15th January 2014
- Richard Moorhead comments upon the ethical and professional issues arising out of the Excalibur decision at http://lawyerwatch.wordpress.com/2014/01/15/excalibur-raises-serious-professional-conduct-concerns-for-clifford-chance/
- Lexis Nexis Dispute Resolution carries a review of the most important cases of 2013, with a long discussion of Mitchell at http://lexisweb.co.uk/blog/dr/2013-most-important-cases-in-review/?utm_source=t.co&utm_medium=socialmedia&utm_campaign=DRPSLTwitter_post15Jan
- The Solicitors Journal carries a District Judges “Four Wishes for Christmas”/New Years Resolutions for practitioners at http://www.solicitorsjournal.com/crime/procedure/new-year-resolutions-be-prepared-organise-paperwork-respect-deadlines
- The Solicitors Journal carries dire predictions for “Litigation 2014” at http://www.solicitorsjournal.com/crime/procedure/litigation-2014-costs-budgeting-mitchell-aftermath-and-funding-challenges
- Kerry Underwood writes in the Solicitors Journal on sanctions and “Hypocrisy in the Extreme” at http://www.solicitorsjournal.com/comment/mitchell-penalties-hypocrisy-extreme
- This is not new, but important, Horwich Farrelly report on a case where costs reduced drastically because of failures by the claimants. http://www.horwichfarrelly.co.uk/too-quick-off-the-mark-but-too-slow-to-settle-edward-chiyambukira-v-the-co-operative-bank-plc-senior-courts-costs-office-30-october-2013/
- 15th January 2014. Costs Advocates report a case where the Master refused the costs of assessment which were served late http://www.costadvocates.co.uk/2014/01/costs-sanctions/.
- Litigation Futures carries a report of the refusal from relief from sanctions in Long -v- Value Propertiesat http://www.litigationfutures.com/news/costs-judge-refuses-relief-despite-qualms-sanction
14th January 2014
- Construction Blog considers the implication of Mitchell for construction lawyers at http://construction.practicallaw.com/blog/construction/plc/?p=1666&utm_source=dlvr.it&utm_medium=twitter&utm_campaign=praclawconstruc
13th January 2014
- Tom Owen of Keating Chambers has a guide “Practical Guidance on Relief from Sanctions after Mitchell and Durrant” at http://www.keatingchambers.co.uk/multimedia/New%20Folder/Practical%20guidance%20on%20relief%20from%20sanctions%20after%20Mitchell%20and%20Durrant.pdf
- Taj Uddin carries a post on Mitchell in his blog at http://tajuddin.co.uk/2014/01/06/court-rules-trump-justice-in-the-case-no-relief-from-sanctions-civil-procedure-rule-3-9/
- There is a short comment on Mitchell in The Law Society Gazette under the heading “Frontline Facts” at http://www.lawgazette.co.uk/law/practice-points/counting-the-costs-of-mitchell/analysis/letters/frontline-facts/5039330.article
- Legal Orange has an interesting post on “How to Instruct Counsel” at http://legalorange.wordpress.com/2014/01/13/how-to-instruct-counsel/
- the Law Society Gazette carries an article about Mitchell and sanctions at “Counting the Costs of Mitchell” http://www.lawgazette.co.uk/law/practice-points/counting-the-costs-of-mitchell/5039312.article
10th January 2014
- SpeechlyBircham on “Lessons to be learnt from the “plebgate” costs case” at http://www.speechlys.com/knowledge-centre/knowledge-centre/publications/corporate-recovery-restructuring/lessons-to-learn-from-the-plebgate-costs-case.aspx
9th January 2014
- Dominic Reagan considers what 2014 holds for the Jackson reforms at http://lexisweb.co.uk/blog/dr/what-does-2014-hold-for-the-jackson-reforms/
- Hill Dickinson have a review of the consequences of Mitchell, particularly for the ATE market at http://www.hilldickinson.com/publications/insurance/2014/january/the_post_mitchell_fall_out.aspx
8th January 2014
- Kennedys discuss developments in Pre-Action Disclosure at http://www.kennedys-law.com/casereview/guidancegiven/
- Not a new post but Coventry View discusses issues of Case Management at http://alanlodge.wordpress.com/2013/10/21/weve-got-our-work-cut-out-the-new-procedure/
7th January 2014
- Kennedys discuss Durrant under the title “Mitchell Confirmed” at http://www.kennedys-law.com/casereview/mitchellconfirmed/
- Herbert Smith Freehills discuss restricting witness statements at http://hsfnotes.com/litigation/2014/01/07/high-court-applies-new-express-powers-to-limit-witness-evidence/
- The Association of Costs Lawyers discuss post-Mitchell cases on costs at http://www.associationofcostslawyers.co.uk/news/acl-e-bulletin/as-scco-follows-suit
- David Partington at Sovereign Chambers reviews recent cases on sanctions at http://www.sovereignchambers.co.uk/news/2014/01/07/320-sanctions-update-mitchell-in-action
- Harmans report on costs and relief from sanctions at http://www.harmanscosts.com/news/legal-costs-update-by-gary-knight/
6th January 2014
- Litigation Futures carries a report and commentary of the Harrison -v- Black Horse case (refusal of relief from sanctions by SSCO at http://www.litigationfutures.com/news/scco-refuses-grant-relief-failure-serve-notice-funding)
- Sarah McCann considers predictions for commercial litigation in the Solicitors Journal. Including a prediction that satellite litigation is likely to increase rather than decrease as a result of Mitchell http://www.solicitorsjournal.com/comment/commercial-litigation-predictions-2014
- Chris Dale considers the cases, blogs and twitter comments in relation to Mitchell athttp://chrisdale.wordpress.com/2014/01/06/mitchell-and-relief-from-sanctions-under-cpr-3-9-part-2-is-mitchell-the-last-word/
3rd January 2014
- Chris Dale considers CPR 3.9 under the heading “cock up or conspiracy” athttp://chrisdale.wordpress.com/2014/01/03/mitchell-and-relief-from-sanctions-under-cpr-3-9-part-1-cock-up-or-conspiracy/
- Herbert Smith Freehills have a useful “litigator’s yearbook” for 2013 at http://hsfnotes.com/litigation/2013/12/16/a-litigators-yearbook-2013-england-and-wales/
27th December 2013
- Dominic Regan has Mitchell has one of his cases of the year at http://profdominicregan.blogspot.co.uk/ . See also the interesting update at http://profdominicregan.blogspot.co.uk/2013/12/mitchell-update.html
23rd December 2013
- Jennings Costs Consultants have a discussion of the Durrant case at
- Rachel Rothwell has a discussion of the Durrant case in the Law Society Gazette at http://www.lawgazette.co.uk/analysis/comment-and-opinion/relief-from-sanctions-more-tough-action/5039240.article
19th December 2013
- 19th December 2013 – Nearly Legal discusses Durrant at “For Whom the Bell Tolls 2” http://nearlylegal.co.uk/blog/2013/12/for-whom-the-bell-tolls-pt-2/
18th December 2013
- Brown Jacobson Insurance Law have a discussion of the Durrant case at http://www.bjinsurancelaw.com/resource/court-appeal-sends-another-strong-message-jackson-reforms/
17th December 2013
- Herbert Smith Freehill discuss the Durrant case at http://hsfnotes.com/litigation/2013/12/17/court-of-appeal-applies-mitchell-guidance-and-finds-defendant-cannot-rely-on-witness-evidence-served-late/
[…] P.S. A note of thanks to Gordon Exall and his very helpful pulling together of other articles and posts on the same subject. […]
[…] The cases to read are not merely the post-Jackson, post-Mitchell cases specifically about sanctions – you can find all that you could want on this on Gordon Exall’s comprehensive, authoritative and well indexed Civil Litigation Brief – this is his Mitchell index. […]
This is a really useful tool for litigators. Thanks for helping to collate a variety of different views and decisions.
Gordon – please note that my post 03/03/14 (linked above) is tongue in cheek – save for the last section. If people take it at face value I’m doomed!
[…] The purpose of this article is to pull together some of the developments and articles which have appeared since my own rather cross critique of the system. That was only a few days ago, but much has come out since then; it is hard to keep up and I do you better service by bringing some of it to your attention rather than inventing my own. What follows comes in no particular order of either time or importance. That yesterday was the first anniversary of the Jackson Reforms is a coincidence, and the sources referred to here do not include any of the “Jackson One year On” articles published this week; Gordon Exall’s Civil Litigation Brief lists the best of them here. […]