CIVIL PROCEDURE BLOG AND ARTICLES ROUNDUP – DECEMBER 2020
A round up of posts and articles relating to civil procedure from November 2020.
COSTS
- ACL – Definition of proportionality to be expanded to include vulnerability
- ACL – High Court upholds assessment of success fee in high-value clinical negligence case
- ACL – Supreme Court: We intend to stay out of costs cases
- ACL – High Court recommends 35% inflation uplift in guideline hourly rates pending review
- ACL – Law firm is “not a charity” and should not have to offer credit to mother in child dispute
- Costs Barrister – Stirring the pot
REMEDIES
EVIDENCE
- Herbert Smith Freehills – WITNESS EVIDENCE REFORMS APPROVED IN PRINCIPLE AND LIKELY TO COME INTO FORCE APRIL 2021
- Herbert Smith Freehills – INIQUITY EXCEPTION TO PRIVILEGE APPLIED WHERE DOCUMENTS WERE CREATED BY SOLICITOR IN CONNECTION WITH BREACH OF DIRECTOR’S DUTIES
- DAC Beachcroft – Sports Direct and Legal Privilege – the saga continues
- RPC – Late service of evidence requires relief from sanctions
BREXIT AND JURISDICTION
- Herbert Smith Freehills – COURT OF APPEAL FINDS ASYMMETRIC CLAUSES ARE EXCLUSIVE JURISDICTION CLAUSES FOR PURPOSES OF RECAST BRUSSELS REGULATION AND CONSIDERS NATURE OF SUCH CLAUSES UNDER HAGUE CONVENTION 2005
- Herbert Smith Freehills – DISPUTES AFTER THE END OF THE BREXIT TRANSITION PERIOD: WHERE ARE WE NOW?
- DAC Beachcroft – Brexit and Breaches: A tale of two fines
CORONAVIRUS AND CIVIL LITIGATION
ON THIS BLOG
- PROVING THINGS 194: PROVING CAUSATION IS AN ESSENTIAL ELEMENT OF A CLAIM IN NEGLIGENCE
- REVIEW OF CIVIL PROCEDURE IN 2020 III : SOME FACTS AND FIGURES: POPULAR BLOG POSTS, VISITOR NUMBERS AND SEARCH TERMS
- REVIEW OF CIVIL PROCEDURE IN 2020 2: BEST WRITING ON CIVIL PROCEDURE DURING THE YEAR: TWO WISE KINGS
- CIVIL LITIGATION BRIEF: LAWYERS OF THE YEAR 2020: JOHN COLLINS & MICHAEL WILLIAMSON
- SERVICE OF DEFENCE BY EMAIL NOT GOOD SERVICE: RELIEF FROM SANCTIONS REQUIRED TO SET ASIDE JUDGMENT (AND GRANTED)
- NO INTEREST ON COSTS OF LOAN IN A PERSONAL INJURY CASE: THERE IS A POWER BUT THE COURT DID NOT EXERCISE ITS DISCRETION
- REVIEW OF CIVIL PROCEDURE IN 2020 1: THE OPENING LINES OF JUDGMENTS: DUNNYS, UNICORNS, A REQUIEM, BUTT SHAKING AND INSECTS: HOW BEST TO SUM UP AN UNUSUAL YEAR
- WHEN A LITIGANT HAS “FAILED IN ITS DUTY AT EVERY POINT”: COUNCIL FOUND AT FAULT AND IN DEFAULT
- WINNER OF THE 2020 LEGAL CHRISTMAS MUSIC CONTEST 2020: LIVE ON YOUTUBE
- JOINT LIABILITY OF DEFENDANTS TO PAY COSTS: TRYING TO MAKE A SIMPLE THING MORE COMPLICATED: THE IMPORTANCE OF OBTAINING AFTER THE EVENT INSURANCE FOR EVERY PARTY TO AN ACTION
- CITIZENS ADVICE ARE LOOKING FOR CONSULTANT EXPERTS IN HOUSING: HELP MAKE A DIFFERENCE
- STRAIGHTFORWARD LANGUAGE IS BEST: MISSIVE FROM THE BENCH: LAYWYERS MAY HAVE IMPROVED OVER TIME – OTHERS HAVE NOT
- AMENDING YOUR CASE AND PAYING THE COSTS: JUDGE ORDERS CLAIMANT TO PAY £100,000 ON ACCOUNT OF COSTS
- COSTS LAWYERS BEWARE: COURT REFUSES TO SET ASIDE DEFAULT COSTS CERTIFICATE: “AVOIDABLE DELAY” IS NOT LOOKED AT KINDLY
- DIVIDING FACTS FROM COMMENTS AND SUBMISSIONS: WHY IT MATTERS AND HOW IT CAN HELP YOUR CASE
- THE COURT FINDS IT DOES NOT HAVE JURISDICTION TO ORDER A TRANSFER FROM PART 8 TO PART 7
- PROVING THINGS 193: THE POSSIBILITY OF THE DECEASED PERSON HAVING INCREASED EARNINGS AND “LOSS OF CHANCE” CONSIDERED IN A FATAL CASE
- MISTAKES IN THE TERMS OF AN ORDER, DENTON AND THE SLIP RULE: AN UNFORTUNATE ERROR LEADS TO A LOT OF LITIGATION
- EXPERTS NOT REALLY NECESSARY WHEN A JUDGE LOOKS AT BALLET SHOES: EVIDENCE SHOULD HAVE BEEN MORE EN POINTE
- THE IMPORTANCE OF EMBARGOED JUDGMENTS: A REMINDER OF THE COURT OF APPEAL’S JUDGMENT IN O’CONNELL
- THE MOTOR INSURERS BUREAU IS AN EMANATION OF THE STATE AND LIABLE TO MAKE PAYMENT TO A PASSENGER
- PROVING THINGS 192: WHEN A WITNESS GIVES EVIDENCE OF MATTERS THAT TOOK PLACE 50 YEARS AGO: HOW THE JUDGE WEIGHS THE EVIDENCE
- PROVING THINGS 191: PROVING LOSS OF EARNINGS (III): CLAIMING AND PROVING “FRINGE BENEFITS”.
- AZAM -V- UNIVERSITY HOSPITAL BIRMINGHAM NHS FOUNDATION: THE JUDGMENT AT FIRST INSTANCE: THE DATE OF KNOWLEDGE IN A CLINICAL NEGLIGENCE CASE
- SERVICE OF UNSEALED AMENDED CLAIM FORMS DID NOT CONSTITUTE GOOD SERVICE: ALL OF THE CLAIMANTS’ ATTEMPT TO REMEDY THE SITUATION COME TO GRIEF: THE CLAIMANTS’ CARDS WERE MARKED
- THE CHORLEY PRINCIPLE APPLIED TO A SOLICITOR WHO DID NOT HAVE THEIR OWN “FIRM”: DEFENDANT HAD TO PAY CLAIMANT’S COSTS ON THE USUAL BASIS
- UNSUCCESSFUL APPEAL AGAINST JUDGE’S DISCRETION TO EXERCISE S.33 DISCRETION IN FAVOUR OF A CLAIMANT: DECISION TODAY
- LEGAL AID AVAILABLE FOR RESPONDENT TO APPLICATION TO COMMIT UNDER THE DEBTORS ACT 1869
- PROVING THINGS 191: PROVING LOSS OF EARNINGS (II): A CLIENT QUESTIONNAIRE
- CHALLENGING FINDINGS OF FACT NOT APPEALING TO THE COURT OF APPEAL: PROPOSED RESPONDENT MAY BE ABLE TO HAVE A SAY IN AN APPLICATION FOR PERMISSION TO APPEAL BASED ON FINDINGS OF FACT
- A SERIES OF WEBINARS ON “STAYING SAFE” IN PERSONAL INJURY PRACTICE: BRIGHTEN UP YOUR NEW YEAR
- PROVING THINGS 190: PROVING LOSS OF EARNINGS (1) : THE IMPORTANCE OF THE WITNESS STATEMENT: THE QUESTIONS YOU SHOULD ASK
- MORE GUIDANCE FROM JUDGES ON PREPARATION AND ADVOCACY IN REMOTE HEARINGS: “WEAR PANTS, SEQUESTER PETS”
- THE “CHORLEY PRINCIPLE” CONSIDERED: SOLICITORS NOT ENTITLED TO RECOVER COSTS OF ASSISTANT SOLICITOR WORKING ON HER OWN CASE
- REMOTE HEARINGS AND REMOTE ADVOCACY: USEFUL LINKS FROM THE UK AND BEYOND…
- WITNESS STATEMENTS THAT REQUIRE TRANSLATION OR WHERE THE MAKER IS NOT LITERATE: FAILURE TO COMPLY WITH RULES IS NOT SIMPLY A “TECHNICAL BREACH”
- JUDGE REFUSES TO RECONSIDER CRITICISMS OF EXPERT WITNESS IN A JUDGMENT: EXPERT DUTIES CANNOT BE DELEGATED
- CORONAVIRUS LAW: ROUND UP – NOVEMBER 2020
- CIVIL PROCEDURE ROUND UP: BLOG AND ARTICLES ROUND UP: NOVEMBER 2020
- ELECTRONIC BUNDLES AND PROBLEMS AT TRIAL: IF PAGES ARE ADDED IT IS NOT PLAIN SAILING
- INSOLVENCY AND THE PERSONAL INJURY LAWYER: WEBINAR 29TH JANUARY 2021
- INSURER WAS ENTITLED TO AVOID EMPLOYER’S LIABILITY POLICY: A RESULT THAT IS “DEFECTIVE AND UNFAIR”
- DEFENDANT’S LIABLE TO PAY INJURED SOLDIER FOR LOSS OF EARNINGS AFTER HE HAS TO HANG UP HIS BOOTS
- SUMMARY ASSESSMENT OF COSTS: WHAT TO DO IF YOU ARE PRESSED FOR TIME
- HOURLY RATES ALLOWED SHOULD BE INCREASED, AT LEAST, BY INFLATION: APPEAL AGAINST SUMMARY ASSESSMENT OF COSTS ALLOWED.
- EXPERT EVIDENCE NOT ADMITTED: IT WAS NOT NECESSARY AND TOO COSTLY
- ADVOCACY THE JUDGE’S VIEW SERIES 4: PART 2: GET TO THE POINT QUICKLY
- THE FIFTH LEGAL CHRISTMAS MUSIC CONTEST 2020: BECOME A LYRIC WRITER AND GET RECORDED: SUPPORTING FOOD BANKS
- “PROCEDURAL RIGOUR IS IMPORTANT NOT FOR ITS OWN SAKE. IT IS IMPORTANT IN ORDER FOR JUSTICE TO BE DONE”
- A BARRISTER OF “GOOD JUDGEMENT”: WHEN THE PERSON WHO USUALLY DOES THE CROSS-EXAMINING IS IN THE WITNESS BOX
- “WHEN MUST AN UNSUCCESSFUL LITIGANT ACCEPT “NO” FOR AN ANSWER?”: COURT OF APPEAL DECISION
