CIVIL PROCEDURE BACK TO BASICS 50: THE POSTS SO FAR
The “back to basics” series has been going since April 2018. It has covered a surprising amount of topics. From how to draft an application to “litigation wishful thinking”. Some people have expressed surprise and how “basic” some points are – “do people really need to be told not to tell the judge about a Part 36 offer?” [The answer is yes they do, I have seen offers mentioned in witness statements]. In any event this is an appropriate time to recap on the series to date.
THE FIRST 50 POSTS
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1: The humble application: wording and timing.
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2: “Evidence in support” of an application.
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3: The statement of truth
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4: What not to put in a witness statement “inadmissible and irrelevant opinion, submission, speculation and innuendo.”
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5: Schedules and counter-schedules: Not a number-crunching exercise.
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6: Non-disclosure of a Part 36 offer
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7. Bundles: A chance to revisit “Sedley’s Laws”
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8. Leaving Venom out of witness statements: a pen dropped in vitriol is going to cost you money.
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9. The Court not entitled to reject written evidence unless it is “simply incredible”.
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10. Challenging the authenticity of documents must be done promptly.
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11. The difference between the “date of issue” for limitation purposes and the “date of issue” for the purpose of service.
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12. The difference between a non-admission and a denial.
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13. What is meant by witness credibility?
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14. Service of the claim form on a solicitor.
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15: Challenging the authenticity of documents: a primer.
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16. Costs budgeting: The guidance notes on Precedent H.
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17. When should a cost budget be filed: where things go wrong.
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18. When is a good time to apply to extend the claim form? Never, just never.
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19. Back to basics: costs budgeting when case is more than £25,000 but less than £50,000
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20. The back to basics series – a recap
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21. Pleading in the alternative: Binks -v- Securicor
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22. When the claimant adopts allegations of contributory negligence: hoist on your own petard
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23. You can’t sue the dead: but you can sue their estate: what to do if there is no estate
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24. The bankrupt claimant (personal injury litigants in particular)
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25. Fatal Accident limitation periods and children
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26. When can a witness be excluded from the court hearing?
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27. Waiving legal professional privilege in a witness statement
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28. Exhibits to witness statements and affidavits
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29. Experts and facts: Experts who venture onto the judge’s territory don’t usually fare too well.
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30. The advantage of applying for an extension before the date of breach: the case keeps momentum
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31. Service of the claim form at the “last known address”: five key points
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32. Beware ye, beware ye, the humble witness summary: it could bite back – with vengeance.
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33. Invaluable guidance on expert evidence from the ICCA
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34. “The Sources of Information and Belief” in witness statements: 10 key points
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35. Witness credibility: more than memory or honesty
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36. What to do when a proposed defendant has died and there is no grant of probate
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36A “Understanding “Litigation wishful thinking”
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37. The ever so humble Reply: cannot be used to bring a new claim
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38. The Defence to Counterclaim
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39. A Notice to Admit Facts: the rules and case law
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40. How civil judges decide cases
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41. Seeking clarification of a Part 36 offer: CPR 36.8
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42. Why a day early is so very different to a day late: the Robert criteria.
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43. Cross-examining experts: useful guides and links
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44. Just don’t write rude things: language that is “far removed from the professional courtesy that solicitors are expected to show each other”.
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45. The court can reduce the number of witnesses and evidence before trial.
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46. How to instruct counsel: hints and tips from the internet
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47. The formal (and mandatory) requirements of a witness statement: a checklist
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48 An application to set aside an order made without notice is a rehearing and not a review.
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49. The case summary: The rules, some guidance and an example