CIVIL PROCEDURE AND COSTS: BLOG AND ARTICLES ROUND UP – NOVEMBER 2019

November 29, 2019 · by gexall · in Case Management, Civil evidence, Civil Procedure, Witness statements

Here we have links to blogs and articles about civil procedure and costs from November 2019.

KERRY UNDERWOOD

Kerry has been incredibly busy this month.

STANDARD COSTS MEANS FIXED COSTS: COURT OF APPEAL DECISION

RYANAIR LIENS CASE GOES TO SUPREME COURT

FAILED FRAUD ALLEGATION MEANS INDEMNITY COSTS

PERSONAL INJURY NEGLIGENCE: SUBSEQUENT EVIDENCE NOT RELEVANT IN TARIFF SCHEME

COSTS BUDGETING: LATEST NEWS

COSTS BUDGETING DECISIONS: DETAILED REASONS NOT REQUIRED

PORTALS: STAGE 3 AND LATE EVIDENCE: COURT OF APPEAL DECISION

NON-PARTY COSTS ORDERED AGAINST LIQUIDATOR’S FIRM THAT FUNDED UNSUCCESSFUL LITIGATION

LITIGATION FRIEND’S DUTIES AND COURT’S POWER TO END APPOINTMENT

COMPENSATION ORDER REGIME FOR DISQUALIFIED PERSONS CONSIDERED FOR FIRST TIME

COURT HAS POWER TO COMMIT FOR CONTEMPT DURING PROTOCOL

PART 36: EVERYTHING IN FULL HOWEVER SMALL THE MARGIN

CONDITIONAL FEE AGREEMENT DEATH CLAUSE VALID: SIGNATURE HEAVILY LIMITS CHALLENGES

DATA PROTECTION UPDATE

INSOLVENCY PROHIBITION IN BRESCO IS NOT ABSOLUTE

LITIGATION FUNDING AGREEMENTS ARE NOT DAMAGES-BASED AGREEMENTS – OR ARE THEY?

COURT FEE REMISSION AND RECOVERABILITY

INTERIM STATUTE BILLS

NATIONAL PRO OH NO! WEEK! 2019

COURT FEES: THREE NEW CASES

INTERIM COSTS ORDERS AFTER ACCEPTANCE OF A PART 36 OFFER

CONSTRUCTIVE TRUSTS: GUIDANCE FOR SETTING INTEREST RATE IN EQUITABLE COMPENSATION CLAIMS

FIXED COSTS AND COUNSEL’S FEES

FUNDAMENTAL DISHONESTY

NON-PARTY COSTS ORDERS: SUPREME COURT HOLDS INSURERS WILL RARELY BE LIABLE

ADMINISTRATOR APPOINTMENTS CANNOT BE MADE OUTSIDE COURT HOURS BY E-FILING

ON THIS BLOG

WHEN SHOULD A JUDGE DRAW ADVERSE INFERENCES DUE TO ABSENT EVIDENCE? COURT OF APPEAL DECISION TODAY

CIVIL PROCEDURE BACK TO BASICS 72: THE EXPERT’S DUTY TO LOOK AT BOTH SIDES OF THE ISSUE AND GIVE REASON FOR THEIR VIEWS (A MANDATORY OBLIGATION MORE HONOURED IN THE BREACH…)

A CASE THAT SHOULD BE READ BY EVERY LAWYER WHO BILLS CLIENTS: CLAIM £84,000 – GET £8,000: PROVIDE ADEQUATE ESTIMATES OF COSTS OR ELSE…

WHY FAILING IN A SUMMARY JUDGMENT APPLICATION CAN BE EXPENSIVE: (£1,015,722 – EXPENSIVE)

EXPERTS, IMPARTIALITY AND CELEBRITY BEDSPREADS: BE CAREFUL OF THE WAY YOU INSTRUCT EXPERTS AND YOU MAY SLEEP TIGHTLY (YOU SHOULD BE SO LUCKY)

WHEN WITNESSES ALL SAY THE SAME THING: THIS RARELY TURNS OUT WELL: (WHEN THEY SIGN THE SAME STATEMENT, IT COULD BE WORSE…)

IS A CONDITIONAL FEE AGREEMENT A CONTENTIOUS BUSINESS AGREEMENT? WELL, IT DEPENDS…(& IT HAS CONSEQUENCES)

NO SECOND BIT OF A CHERRY AFTER A TRIAL: COURT OF APPEAL CONFIRMS JUDGE’S DECISION

PROVING THINGS 169: WHEN THE DEFENDANT CALLS NO (LAY) EVIDENCE AND TRIES TO PROVE ITS CASE THROUGH THE CLAIMANT’S WITNESS

STAYING SANE AS A LITIGATOR 7: PREVENTING LAWYER SUICIDE

THE SELF INFLICTED WOUNDS OF A “TRUSTED BRAND” / “CAPRICIOUS MID-VICTORIAN FACTORY-OWNER”: THE DANGERS OF PUTTING YOUR CASE TOO HIGH

DRAFTING SKELETON ARGUMENTS: ROUNDING UP THE POSTS

CIVIL PROCEDURE BACK TO BASICS 71: TIME FOR SERVING THE PARTICULARS OF CLAIM: SERVE WITHIN THE FOUR MONTH PERIOD

UNWARRANTED FRAUD ALLEGATION LEADS TO INDEMNITY COSTS BEING AWARDED

DEFENDANT’S APPLICATION FOR ADJOURNMENT OF TRIAL REFUSED: A PROBLEM OF THEIR OWN MAKING: THE TRIAL WILL GO AHEAD

WHEN WHATSAPP PROVES THAT THIS WAS NOT A BUSINESS RELATIONSHIP: NOT SO ROMANTIC PARTNER ORDERED TO REPAY £67,000

FIXED COSTS NOT OVERTURNED BY THE TERMS OF AN AMBIGUOUS PART 36 OFFER: COURT OF APPEAL DECISION TODAY

LAWYERS: JUDGES SO WANT TO SEE ALL THE CORRESPONDENCE (AND TO BE TOLD ABOUT IT AS WELL…): MASTER’S POINT OF PRACTICE WORTH READING

SERVICE OF THE PARTICULARS OF CLAIM AND THE “TRAP FOR THE UNWARY CLAIMANT”: THE TRAP OPERATED AND RELIEF FROM SANCTIONS NOT GRANTED

PRE-ORDER YOUR BILLABLE HOUR COOKBOOK: BEFORE 25TH NOVEMBER 2019

COMMITTAL PROCEEDINGS: LEGAL AID IS AVAILABLE WITHOUT ASSESSMENT OF MERITS OR MEANS: BUT WHERE DOES A RESPONDENT OBTAIN REPRESENTATION (LOOK HERE I HOPE)

ANONYMOUS LITIGANT REFUSED RELIEF FROM SANCTIONS: “ALL THE CIRCUMSTANCES OF THE CASE MILITATE AGAINST GRANTING THE CLAIMANT RELIEF”

AN UNSUCCESSFUL APPEAL ON A COSTS BUDGETING DECISION: SHOULD A QC BE ALLOWED – OR IS THAT A LEADING QUESTION?

CLAIMANT BEATS ITS OWN PARTY 36 OFFER: DEFENDANT PAYS THE PRICE: OFFER BEATEN BY £4,800 LEADS TO DEFENDANT PAYING AN ADDITIONAL £65,000 – & INDEMNITY COSTS, & ADDITIONAL INTEREST…

STAGE 3 PROCEEDINGS AND LATE SERVICE OF EVIDENCE: COURT OF APPEAL DECISION

CIVIL PROCEDURE BACK TO BASICS 70: OPINION EVIDENCE IN WITNESS STATEMENTS

CIVIL PROCEDURE BACK TO BASICS 69: SOCIAL MEDIA AND THE LITIGATOR: A RECAP

COMMITTAL PROCEEDINGS CAN BE BROUGHT IN RELATION TO PRE-ACTION WITNESS STATEMENTS: COMMITTAL PROCEEDINGS CAN BE AMENDED TO ALLEGE FALSE STATEMENTS ARE MADE IN THE COURSE OF THOSE PROCEEDINGS

WHEN “ROBUST” CASE MANAGEMENT TURNS INTO APPARENT BIAS: HIGH COURT OVERTURNS DIRECTIONS: THE TALE OF THE ORGAN GRINDER

SOLICITORS GIVING EVIDENCE: IT JUST DOESN’T HELP: IS THIS EVIDENCE THAT THE WITNESS WOULD BE ALLOWED TO GIVE ORALLY?

DEALING WITH THE BEREAVED CLIENT: USEFUL LINKS AND GUIDANCE (2019)

APPLYING FOR DISPENSATION FROM COURT FEES: TWO DIFFERENT CASES

PROVING FUNDAMENTAL DISHONESTY – WHEN NEITHER THE CLAIMANT OR DEFENDANT ARE IN COURT: TELEMATIC EVIDENCE – NOW HERE’S A THING

PROVING THINGS 168: PROVING LOSS OF EARNINGS: COURT OF APPEAL DECISION: STATEMENTS OF OPINION OR BELIEF CARRY NO WEIGHT

COURT IN THE MIDDLE? CIVIL COMMITTAL PROCEEDINGS AND LEGAL AID: JUDGE EMPHASISES THE COMPLEX MESS ABOUT FUNDING

RELIEF FROM SANCTIONS: CANDOUR FROM THE APPLICANT AND NO EVIDENCE FROM THE DEFENDANT TO PROVE PREJUDICE

STAYING SANE AS A LITIGATOR 6: WORKLOAD: THE IDEA CASELOAD OR “BURY EVERYBODY” – WHICH IS MORE PROFITABLE?

CIVIL PROCEDURE AND COSTS: BLOG AND ARTICLES ROUND UP – OCTOBER 2019

THE RIDICULOUS RULES ABOUT PLEADING MITIGATION OF LOSS: DOES THE RULES COMMITTEE JUST NOT LISTEN (OR JUST NOT CARE)?

APPLICATION FOR RELIEF FROM SANCTIONS: THE IMPORTANCE OF PROMPT APPLICATIONS

Tags: Damages, Denton -v- White, Evidence, Expert evidence, Expert witness, Extensions of time, Limitation, Part 36, proving things, Relief from sanctions, service of the claim form, Witness statement

CIVIL PROCEDURE AND COSTS: BLOG AND ARTICLES ROUND UP – NOVEMBER 2019

Here we have links to blogs and articles about civil procedure and costs from November 2019.

COSTS

CONTEMPT OF COURT

EXPERTS

COURT FEES

JUDICIAL COLLEGE GUIDELINES

LITIGATION FUTURES

ON THIS BLOG

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CIVIL PROCEDURE AND COSTS: BLOG AND ARTICLES ROUND UP – NOVEMBER 2019

Here we have links to blogs and articles about civil procedure and costs from November 2019.

COSTS

CONTEMPT OF COURT

EXPERTS

COURT FEES

JUDICIAL COLLEGE GUIDELINES

LITIGATION FUTURES

ON THIS BLOG

Share this:

Like this:

Related

Copyright

Subscribe to Blog via Email

Recent Posts

Top Posts & Pages

Blogroll

Books

Useful Links

Archives

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