CIVIL PROCEDURE (NOT-CORONAVIRUS): BLOG AND ARTICLES ROUND UP – APRIL 2020

• Costs Barrister Non party costs orders considered
• Costs Barrister Principle and non party costs orders
• Costs Barrister Non party costs orders continued
• Costs Barrister Non party costs in the Supreme Court I
• Costs Barrister Non party costs in the Supreme Court II
• Costs Barrister Ho howe hmmm
• Costs Barrister Controlling costs in group litigation
• Costs Barrister Life on Mars
• Costs Marrister The Expense of Time 
• Costs Barrister Claiming enhanced hourly rates
• Litigation Futures Appeal court urges rethink over set-off in QOCS cases
• Litigation Futures Solicitor fined £20,000 for miscertifying bill of costs
• DAC Beachcroft High Court Judge Slashes Claimants’ Budget By More Than Half 
• ACL Shorter trial scheme: Size of costs enough to displace summary assessment 
• ACL Extended timetable not good reason to revise budget upwards, High Court rules
• ACL Disciplinary tribunal slaps solicitor who mis-certified bill with £20,000 fine
• ACL ACL backs move to change way guideline hourly rates are set
• ACL High Court upholds master’s decision to reject supplementary points of dispute
• ACL Claimants could not import costs not mentioned in settlement offer into draft order

• Litigation Futures Solicitors fail to recover £1.1m after losing CFA switching case
• ACL Claimant solicitors “acted unreasonably” in switching from legal aid to CFA-lite

• Herbert Smith Freehills Video Published – Brexit: Jurisdiction and Enforcement of Judgments During and After the Transition Period
• Herbert Smith Freehills UK Applies to Join Lugano Convention From End of Brexit Implementation Period

• Herbert Smith Freehills Morrisons Wins Supreme Court Appeal Against Finding of Vicarious Liability in Data Breach Class Action
• DAC Beachcroft Morrisons Reigns Supreme
• DAC Beachcroft Vicarious liability considered by the Supreme Court – have its elastic boundaries been flexed again?

• Litigation Futures Judge upholds acceptance of ‘mistaken’ £0 part 36 offer

• Litigation Futures High Court strikes off medical reports doctor for contempt 

• Herbert Smith Freehills Court of Appeal finds trustees not entitled to withhold certain privileged documents in response to subject access requests from beneficiaries of Bahamian trust
• DAC Beachcroft There is now a “Dominant Purpose” test for legal advice privilege – some practical points for in-house lawyers
• DAC Beachcroft Legal Professional Privilege: regulator not entitled to view privileged documents 

• Litigation Futures High Court forces GLO on Leigh Day and Hausfeld

• DAC Beachcroft Statement of Truth – Change in wording on 6 April 2020

Limitation

• DAC Beachcroft High Court refuses request to extend one year limitation period under Defamation Act 2009

• DAC Beachcroft The Doctrine of Loss of Chance: Recent Developments 

• Litigation Futures Warning over fall-out from witness statement crackdown
• Litigation Futures Judge demands “level playing field” on recording medical examinations

• PAYMENT ON ACCOUNT OF COSTS CONSIDERED
• REPRESENTATIVE ACTIONS AND GROUP LITIGATION ORDERS
• ASSESSMENT OF COSTS UNDER SHORTER TRIALS SCHEME
• UNLAWFUL EXECUTION OF FOREIGN JUDGMENT SET ASIDE AND INCURABLE
• FOUR RECIPES FROM ANDY WAKEFORD AT WEST HERTS COLLEGE
• THREE NEW RECIPES FROM ANDY WAKEFORD
• MORE NEW RECIPES FROM ANDY WAKEFORD
• COURT OF APPEAL GUIDANCE ON SWITCHING FROM LEGAL AID TO CONDITIONAL FEE AGREEMENT

• GOOD MORNING FOLKS: REMEMBER (TO ADD TO ALL YOUR OTHER TROUBLES) THE RULES CHANGE TODAY…
• THE OTHER IMPORTANT RULE CHANGE TODAY IN RELATION TO WITNESS STATEMENTS: AND, HONESTLY, THIS COULDN’T HAVE COME AT A BETTER TIME
• JOHN COLLINS: BARRISTER, SCHOLAR AND THE KINDEST PERSON YOU ARE EVER LIKELY TO MEET
• THE NEW RULES: LINKS TO ALL THE POSTS: MITIGATION, THE STATEMENT OF TRUTH AND WITNESS STATEMENTS IN A FOREIGN LANGUAGE
• DIVISIONAL COURT FINDS THAT EXPERT IN CONTEMPT OF COURT SHOULD HAVE BEEN ERASED FROM MEDICAL REGISTER: “NEW” EVIDENCE ADMITTED
• EMPLOYMENT LAWYERS RAISING FUNDS FOR THE FREE REPRESENTATION UNIT: 28 OF THE FINEST LEGAL MINDS IN THE UK
• MORE ON THE NEW STATEMENT OF TRUTH: CAN YOU CHANGE THE WORDING?
• COVID REPEATS (1): THE (ALMOST) COMPLETE GUIDE FOR ASPIRANT AND NEW LAWYERS – FROM TWITTER
• COVID REPEATS 2: DEADLINES AND PROCRASTINATION: HOW DO YOU DEAL WITH IT?
• COVID REPEATS 3: WHAT THEY DON’T TEACH YOU AT LAW SCHOOL (1)
• COVID REPEATS 4: WHAT THEY DON’T TEACH YOU AT LAW SCHOOL 2
• APPEAL JUDGE OVERTURNS REFUSAL TO EXERCISE SECTION 33 DISCRETION: DELAY AND PREJUDICE HIGHLY RELEVANT FACTORS
• THE FUNDAMENTALS OF PERSONAL INJURY DAMAGES: WEBINAR 7TH MAY 2020
• COVID REPEATS 5: WHAT THEY DON’T TEACH YOU AT LAW SCHOOL 3: SURVIVE AND THRIVE
• COVID REPEATS 6: WHAT THEY DON’T TEACH YOU AT LAW SCHOOL 4: OWNING AND FIXING YOUR MISTAKES
• COVID REPEATS 7: WHAT THEY DON’T TEACH YOU AT LAW SCHOOL V: WEAR SUNSCREEN & HAVE A PLAN
• THE SOLICITOR’S DUTY TO REVIEW THE DOCUMENTS IN LITIGATION: AN INTERESTING POSTSCRIPT
• COVID REPEATS 8: “NEVER WRITE ANYTHING DOWN THAT YOU WOULDN’T WANT READ OUT IN OPEN COURT”
• COVID REPEATS 9: A LOT OF WISDOM ABOUT LEGAL PRACTICE FROM A LOT OF PEOPLE
• A DRAFT JUDGMENT IS NOT AN INVITATION TO TREAT: PARTIES SHOULD NOT ATTEMPT TO REOPEN THEIR CASE