GUIDE TO INTERIM APPLICATIONS IN THE CHANCERY DIVISION
The Judiciary in England and Wales have produced a guide to Interim Applications in the Chancery Division. This is designed for litigants in person. However it will be useful to all those who do not normally practice in the…
AVIATION AND THE REALLY VICIOUS LIMITATION PERIOD : AVOIDING NEGLIGENCE 3
AVIATION AND LIMITATION The purpose of this post is to make you feel really uncomfortable when you are involved with a case that involves aviation, in any way shape or form. Including when your client is injured in an airport….
PART 36: A NEAR MISS IS NOT ENOUGH
A recent case emphasises that a “near miss” with a Part 36 offer is not relevant to the court’s assessment of costs after a trial. There was, for a time, a developing jurisprudence around “near miss” offers and…
CHANGES TO PRACTICE AND PROCEDURE IN THE CORONERS COURTS
I have set out a summary of the changes to the Coroners Court Rules at http://fatalaccidentlaw.wordpress.com/2013/07/25/changes-to-coroners-rules-where-to-find-the-law-useful-links-and-a-summary/ That post also links through to all the relevant legislation and the new rules (which came into force last Thursday).
RELIEF FROM SANCTIONS: A CASE IN WHICH RELIEF WAS GRANTED. WYCHE -v- CAREFORCE GROUP LTD
Every case in relation to relief from sanctions is being examined carefully after 1st April. The case of IAN ALAN WYCHE v CAREFORCE GROUP PLC (2013)QBD (Comm) 25/07/2013 is going to be of interest. The case is not yet fully reported…
SERVING WITNESS STATEMENTS LATE: AN EXTREMELY DANGEROUS PRACTICE
The recent decision in Fons HF –v- Corporal Ltd & Pillar Securitisation [2013] EWHC 1278 (Ch) provides an object lesson on the difficulties that can arise when both parties fail to file witness statements in accordance with directions. The facts…
65th amendment to the Civil Procedure Rules
The new rules extending the personal injury portal to £25,000; extending fixed costs and dealing with Part 36 offers are now available at http://www.justice.gov.uk/courts/procedure-rules/civil
CIVIL EVIDENCE AND WITNESS STATEMENTS
I have written two articles on witness statements and civil evidence for Local Government Lawyer One on the inferences a court can draw when a litigant elects to call no evidence on an issue http://www.localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=13497%3Asilence-is-not-necessarily-golden&catid=190%3Aregulatory-articles&Itemid=29 The other on the use…
LITIGANTS IN PERSON: THE LAWYER’S DUTY AND WITNESS STATEMENTS
The Judiciary Working Group on Litigants in Person has been published and is available at http://www.judiciary.gov.uk/Resources/JCO/Documents/Reports/lip_2013.pdf It is worth reading for anyone involved in cases where litigants in person are involved. These always involve additional challenges. The lawyer’s duties…
AVOIDING NEGLIGENCE 2 : NOT EVERY PERSONAL INJURY LIMITATION PERIOD IS THREE YEARS.
“THOSE LIMITATION PERIODS THAT CAN BITE YOU IN THE BOTTOM” It can come to a shock to some litigators that not every action has a three year limitation period. Some have a two year period and some less than that. …
AVOIDING NEGLIGENCE 1 : THE THREE YEAR LIMITATION PERIOD: HOW DOES ANYONE MISS IT?
How does anyone miss a three year limitation period? The basic answer is usually some kind of maladministration. Often a failure of the diary system. Someone has inserted the wrong month, occasionally the wrong year. Sometimes there is no diary…
AVOIDING NEGLIGENCE : A LAWYER'S GUIDE
I am writing a series of posts on the topic of “how not to get sued”. This is mainly aimed at personal injury practitioners, however many of the posts relate to procedure and will be of more general interest. There…
SERVICE OF THE CLAIM FORM: FURTHER TRAPS FOR THE UNWARY
The post on “Service Faults” http://civillitigationbrief.wordpress.com/2013/07/01/service-faults-and-the-match-is-over/ pointed out one of the traps for the unwary in relation to service of the claim form. However the decision in Bethell Construction –v- Deloitte & Touche [2010] EWHC (Judge Hodge Q.C.) highlights some other…
Implementation of Part 2 of the the Justice and Security Act 2013 into the CPR
The Civil Procedure (amendment No 5) Rules 2013
New Court Fees after the 1st July 2013
The Civil Proceedings Fees (Amendment No. 2 ) Order 2013
SERVICE, FAULTS AND …. THE MATCH IS OVER
As Wimbledon is underway it is worth reminding ourselves that even apparently minor faults in service can be fatal to an action. This is illustrated by the decision in Venulum Property Investments Ltd –v- Space Architecture Ltd & 9 others …
ONE DIRECTION SINGING FROM THE SAME HYMN SHEET ?
THE USE OF STANDARD DIRECTIONS I have put the standard directions as a link because they will normally be the first port of call for anyone drafting directions (and I once spent a frustrating half hour trying to find…
Useful Links on Civil Litigation Brief
Make sure you check out the links section on Civil Litigation Brief, it contains some useful links for all litigators including the new link to the Ministry of Justice website which provides model standard orders for directions.
THANKS FOR THE £500,000. NOW WHERE’S THE EXTRA £50,000 YOU OWE ME? KNOWING THE RISKS AND ADVANTAGES FOR THE CLAIMANT IN THE NEW PART 36
The new provisions when a claimant beats their own Part 36 provide challenges (including potential negligence claims) for the claimant lawyer. A claimant who beats their own Part 36 offer at trial now obtains considerable benefit. CPR 36.13(3) states that…
Extensions of time after Jackson: Safety First
Taking a close look at the decision in Atrium Training Services [2013] EWHC regarding extensions of time and its practical significance for litigators One of my main reasons for starting this blog was to keep a close eye on developments…