CIVIL PROCEDURE: BLOG AND ARTICLES ROUND UP – SEPTEMBER 2020
This round up also covers specific posts and articles in relation to coronavirus. There will no longer be a specific round up covering coronavirus and and civil procedure. There is, however, a monthly round up of a wide range of legal issues and coronavirus on the Kings Chambers blog, Coronavirus: Guidance for Lawyers and Business.
COSTS
- ACL – High Court rules on recovery of costs after debate over true successful party
- ACL – Déjà vu? Technical challenge to post-2005 CFAs succeeds
- ACL – Mr Justice Stewart named as head of guideline hourly rates review
- ACL – Law Society lodges JR over legal aid costs assessments moving in-house
- ACL – Leading defendant firm expresses concern over approach of GHR review
- ACL – Lack of detail on incurred costs “not enough reason” to adjourn budgeting
- ACL – Tax chamber of First-tier Tribunal has power to make non-party costs order
- Kingsley Napley – Glover v Barker – Cost Orders against Litigation Friends
PART 36 OFFERS
ADR
- Herbert Smith Freehills – Singapore Convention On Mediated Settlement Agreements Comes Into Force Tomorrow, 12 September 2020
- Kingsley Napley – When settlement advice goes wrong
EVIDENCE
- Litigation Futures – Courts must “get a handle” on disclosure pilot costs
- Litigation Futures – Experts urged to avoid “grandstanding”
- Herbert Smith Freehills – Article Published – Preparing Witness Evidence: Significant Changes Proposed For Business And Property Courts
- Herbert Smith Freehills – Commercial Court 125 Virtual Seminar: Insights On Virtual Hearings, The Disclosure Pilot And Witness Evidence Reform
- Herbert Smith Freehills – High Court Finds No Need To Enquire Into Qualifications Of Foreign Lawyer In Applying English Law Privilege
- Herbert Smith Freehills – Judicial Update On Operation Of The Disclosure Pilot Scheme
- Herbert Smith Freehills – Article Published – Disclosure Pilot Scheme: A Potential Way Forward?
- Stewarts – High Court case considers redactions under the Disclosure Pilot Scheme
REMEDIES
- Herbert Smith Freehills – Two Interesting Decisions On Freezing Injunctions
- Herbert Smith Freehills – High Court Decision Suggests Damages May Be Calculated Differently Where Claimant Is Hopelessly Insolvent
- Herbert Smith Freehills – Court of Appeal Application Of “SAAMCO” Principle In Context Of Auditor’s Negligence Case
- RPC – No interim injunction over bitcoin account where damages would be adequate
BREXIT AND JURISDICTION
- Herbert Smith Freehills – European Commission’s Notice To Stakeholders Confirms Its View Hague Choice Of Court Convention Will Apply To Exclusive English Jurisdiction Clauses Only If They Are Entered Into After Brexit Transition Period Ends
- RPC – Stick to the process – a further reminder of how useful a process agent clause can be, especially following Brexit
CORONAVIRUS
- Litigation Futures – Judges issues guidance to experts on remote evidence
- Litigation Futures – Judge highlights open justice benefits of telephone hearings
- Litigation Futures – Virtual hearings deny young lawyers “huge amount” of training
- Litigation Futures – Judges parachuted in to help employment tribunal backlog
- Litigation Futures – Witnesses overheard conferring during break in remote hearing
- Litigation Futures – Insolvency litigation funding continues to thrive in lockdown
- RPC – Security for costs not ordered despite looming economic downturn caused by COVID-19
- DAC Beachcroft – COVID-19 – Regulatory insurance measures, decrease of risk
- DAC Beachcroft – Don’t get caught cold by the Limitation Freeze
- DAC Beachcroft – Coronavirus-Test and Trace requirements on employers, RIDDOR reporting
- Stewarts – Insurance test case gives clarity for policyholders affected by Covid-19
- Kingsley Napley – Court makes Search Order in COVID times
KINGS CHAMBERS
- AMENDMENT TO THE WILLS ACT ALLOWS “PRESENCE” OF WITNESSES BY VIDEO CONFERENCE OR OTHER VISUAL TRANSMISSION
- THE HEALTH PROTECTION (CORONAVIRUS, RESTRICTIONS) (NO. 2)(ENGLAND) (AMENDMENT) (NO. 4) REGULATIONS 2020
- CORONAVIRUS LAW USEFUL LINKS FOR THE LEGAL PROFESSION: SEPTEMBER 2020 ROUND UP
- THE HEALTH PROTECTION (CORONAVIRUS, RESTRICTIONS) (SELFISOLATION) (ENGLAND) REGULATIONS 2020
- KINGS CHAMBERS VIRTUAL OPEN DAY 2020 & VIRTUAL MINI-PUPILLAGE EVENT
KERRY UNDERWOOD
- COSTS MANAGEMENT: NEW PRACTICE DIRECTION 3E: EFFECTIVE TOMORROW 1 OCTOBER 2020
- JUDGES AND EMPLOYMENT LAW: KEEP OUT OF POLITICS
- VIDEO LOGS
- CONVEYANCER WANTED
- COSTS REGIMES: CONFUSION BETWEEN COURTS AND TRIBUNALS
- DATA PROTECTION AND LEGAL PROCEEDINGS
- CIVIL LITIGATION FUNDING AGREEMENTS: PART 2: DAMAGES-BASED AGREEMENTS
- COSTS MANAGEMENT: NEW PRACTICE DIRECTION 3E: IN EFFECT 1 OCTOBER 2020
ON THIS BLOG
- CHALLENGING THE AUTHENTICITY OF DOCUMENTS: A REMINDER OF THE BASIC RULES: IF YOU DON’T DISPUTE YOU ARE DEEMED TO ADMIT AUTHENTICITY
- CIVIL PROCEDURE (NOT-CORONAVIRUS): BLOG AND ARTICLES ROUND UP – AUGUST 2020
- CIVIL PROCEDURE (CORONAVIRUS): BLOG AND ARTICLES ROUND UP – AUGUST 2020
- TWO WEBINARS ON LOSS OF EARNINGS: RECENT CASES: OGDEN 8: CHILDREN: THE SELF EMPLOYED: SPORTSPEOPLE AND ENTERTAINERS
- “PREPARED IN A WAY THAT MAKES ME ASHAMED OF MY PROFESSION”: ENSURING WITNESS STATEMENTS ARE ACCURATE IS AN IMPORTANT TASK – IF YOU WANT TO KEEP YOUR JOB…
- GUIDANCE ON GIVING REMOTE EVIDENCE: ESSENTIAL READING FROM THE ACADEMY OF EXPERTS
- THE EMPLOYER’S DUTY OF CARE IN PERSONAL INJURY CASES: WEBINAR 24TH SEPTEMBER 2020
- FATAL ACCIDENTS 2020: A SERIES OF WEBINARS TO HELP THOSE INVOLVED IN FATAL ACCIDENTS LITIGATION
- LETTER STATING THAT THE DEFENDANT CONSENTED TO SOME AMENDMENTS DID NOT OUST COURT’S JURISDICTION: TRY TO AMEND AT YOUR PERIL
- SIMILAR WITNESS STATEMENTS (WITH THE SAME TYPOS) AND WITNESS CONFERRING WITH OTHERS: WHY “I SAY THE SAME AS THEM” RARELY HELPS
- PROVING THINGS 182: FAILING TO PROVE A CONTRACT WAS SIGNED AND GETTING DAMAGES OF £1: NOT A GREAT RESULT FOR A CLAIMANT
- “LITIGATION WISHFUL THINKING”: A REMINDER OF ITS IMPORTANCE
- PROTOCOL FOR INSOLVENCY AND COMPANY WORK AT CENTRAL LONDON COUNTY COURT: APPLICABLE FROM TODAY
- JUDGE WAS RIGHT TO REFUSE CLAIMANT’S APPLICATION TO ADJOURN AND NOT TO ALLOW SINGLE WITNESS IN PLACE OF JOINT WITNESS: HIGH COURT DECISION TODAY
- PROVING DAMAGES IN A FATAL CASE: THE COURT SHOULD LOOK AT THE “PRACTICAL REALITY”: WIDOW DID HAVE A FINANCIAL DEPENDENCY WHERE HUSBAND HAD RUN A SUCCESSFUL BUSINESS
- CIVIL PROCEDURE BACK TO BASICS 83: PART 18 REQUESTS FOR FURTHER INFORMATION
- FOOD FOR THOUGHT: THE BILLABLE HOUR COOKBOOK 2020: A CALL FOR RECIPES: BAKE YOUR CAKE AND THEN EAT IT…
- SENSIBLE COVID PRECAUTIONS TAKEN WHEN IMPLEMENTING A SEARCH ORDER: APPLICANT TAKES A VERY NUANCED APPROACH
- RELIEF FROM SANCTIONS WOULD HAVE BEEN GRANTED (IF IT WAS NECESSARY) WHERE BREACH OF A PEREMPTORY ORDER WAS NOT SERIOUS OR SIGNIFICANT
- DATE ON LETTER DID NOT PREVENT IT BEING A VALID PART 36 OFFER: NO ESTOPPEL IN THE CONSTRUCTION OF PART 36 OFFERS: HIGH COURT DECISION TODAY
- DID A CLAIMANT DO BETTER THAN ITS OWN PART 36 OFFER? THE SECOND PART OF THE ESSEX CASE
- DEFENDANT’S CONDUCT OF THE CASE LED TO INDEMNITY COSTS BEING PAID: MAKING ALLEGATIONS OF “NOT ACTING IN GOOD” FAITH: A SPECULATIVE & WEAK CASE: EXPERTS WITH A CONFLICT OF INTEREST
- CHILDREN AND PERSONAL INJURY LITIGATION: WEBINAR 5TH OCTOBER 2020
- COURT MAKES 5% REDUCTION IN SUCCESSFUL CLAIMANT’S COSTS RATHER THAN AN ISSUE BASED COSTS ORDER
- JUDGE SHOULD NOT HAVE GRANTED DEFENDANT PERMISSION TO WITHDRAW FROM ADMISSIONS: CHANGE OF LAW DID NOT JUSTIFY CHANGE OF STANCE
- PART 18 REQUEST FOR INFORMATION ABOUT DAMAGES REFUSED: “NEITHER REASONABLE OR PROPORTIONATE”
- SETTING ASIDE A REGULAR JUDGMENT: TWO HURDLES FOR THE APPLICANT TO CLEAR – AND EVEN THEN THERE CAN BE CONDITIONS
- WITNESS EVIDENCE AND COUNTER-SCHEDULE STRUCK OUT AS INADMISSIBLE: THE PRINCIPLES APPLIED
- FAKE LAW AND “COMPENSATION CULTURE”: A REVIEW: “SPEND HALF-AN-HOUR WITH A PERSONAL INJURY LAWYER (SHOULD THAT MISFORTUNE BEFALL YOU)”
- CIVIL PROCEDURE BACK TO BASICS 84: HOW NOT TO MAKE A PART 36 OFFER THAT IS NOT VALID:
- CHANGES IN FATAL ACCIDENT ACT: STATUTORY BEREAVEMENT AWARD EXTENDED TO COHABITEES
- UNSUCCESSFUL APPEAL “TO ESTABLISH THE LIBERTY OF INEBRIATED ENGLISH SUBJECTS TO BE ALLOWED TO LIE UNDISTURBED IN THEIR OWN VOMIT SOAKED CLOTHING”
- THE OTHER AMENDMENT TO THE FATAL ACCIDENTS ACT 1976: COHABITEES MAY HAVE TO SHARE BEREAVMENT AWARD WITH PARENTS: SPOUSES MAY HAVE SHARE PAYMENT WITH COHABITEES
- SEEK PERMISSION TO APPEAL PROMPTLY (AND TELL THE JUDGE ABOUT IT): “A CLOSE ANALYSIS OF THE PARTIES’ CASES THUS REVEALS A FRACTAL PATTERN OF PROGRESSIVELY COMPLEX AND EVER-FINER RECURSIVE DETAIL OF SHARPLY DECLINING SIGNIFICANCE.”
- IF YOU ARE IN COURT AND NOT SPEAKING TO THE JUDGE: SHUT UP: “RIVAL TRIBES” IN THE COURTROOM NEVER HELP
- THE COLLECTIVE NAME FOR HAND UPS: A “BLIZZARD”OR “HARASSMENT”? WHY IS IT JUDGES LIKE BREVITY SO MUCH?
- CLAIM FOR DAMAGES STRUCK OUT: APPLICATION TO AMEND REFUSED: CLAIMANT FAILED TO USE THEIR LOAF AS CLAIM IS SLICED…
- CIVIL PROCEDURE BACK TO BASICS 85: DIRECTIONS AND COURT ORDERS SHOULD BE “REALISTIC AND ACHIEVABLE”
- RESUMPTION OF POSSESSION CASES ON 20 SEPTEMBER 2020: STATEMENT FROM THE MASTER OF THE ROLLS
- DENTON PRINCIPLES APPLY WHERE WITNESS EVIDENCE SERVED LATE
- THE DIFFICULTY IN APPEALING A DENTON TYPE DECISION
- GOT TO DRAFT A DEFENCE? SOME HELPFUL GUIDANCE FROM OUR CANADIAN COUSINS
- CIVIL LITIGATION BRIEF 25 YEARS AGO: A QUARTER OF A CENTURY OF CIVIL PROCEDURE
- FATAL ACCIDENT: LEGAL COSTS OF ATTENDING INQUEST WERE RECOVERABLE: THE DANGERS TO DEFENDANTS OF MAKING AN EQUIVOCAL “ADMISSION”
- STRESS: HOMEWORKING, SOCIAL ISOLATION AND FISH FILES: A RECAP OF PREVIOUS POSTS THAT MAY BE ABLE TO HELP
- CIVIL PROCEDURE BACK TO BASICS 86: PRE-ACTION ADMISSIONS: THE DANGERS OF NOT MAKING THEM AND THE CONSEQUENCES IF YOU DO
- VIDEO EVIDENCE NOT ALLOWED AT TRIAL: APPEAL AGAINST REFUSAL DISMISSED: A “STORM IN A TEACUP”
- ONLINE COURTS DURING THE PANDEMIC: RESEARCH AND QUESTIONS: LESSONS FROM TEXAS
- FUNDAMENTAL DISHONESTY AND WASTED COSTS AGAINST A SOLICITOR: THE BURDEN IS ON THE APPLICANT TO PROVE CAUSATION