CIVIL PROCEDURE ROUND UP: POSTS AND ARTICLES ON PROCEDURE AND COSTS: JANUARY 2021
We all know that January has been a very long month. There has been much written about procedure and costs. Here is the first round up of the year.
COSTS
- ACL – Master upholds default costs certificate in case where draftsman let matter drift
- ACL – Court refuses to order co-claimant to reimburse half of Costs Lawyer’s fee
- ACL – Response from the Association of Costs Lawyers to the revision of Guideline Hourly Rates
- ACL – Legal Services Board commends CLSB over performance improvement
- ACL – Government gives way on taking legal aid costs assessments in-house
- ACL – ACL urges progress on previous GHR recommendation to up Costs Lawyers’ grades
- ACL – Party that effectively discontinued through amendment ordered to pay costs
- ACL – Court of Appeal reaffirms general rule of reserving costs of interim injunctions
- ACL – Accepting part 36 offer one day late allows party to argue liability for costs
- ACL – Dozens of bills over eight years were not interim statute bills
- ACL – CJC working group calls for “active review” of QOCS regime
- Costs Barrister – The Fall of the Republic
- Costs Barrister – The Silk Road
- Costs Barrister – Waiting for Godot
- Costs Barrister – B2B
- Litigation Futures – Court of Appeal overturns costs award made after interim injunction
- Litigation Futures – Lukewarm response to guideline hourly rates reform
- Litigation Futures – CJC group recommends “modest” increases in guideline hourly rates
- Kerry Underwood – Issue 1 (January 2021) of Kerry On Costs…And So Much More…
FUNDING
LIMITATION
EVIDENCE
- RPC – Beware of trying to address gaps in your evidence during trial: High Court refuses permission to rely on a new witness statement prepared part-way through trial
- Litigation Futures – Court of Appeal: Expert was not under “fiduciary duty” to client
- Herbert Smith Freehills – HIGH COURT CONCLUDES NO WAIVER OF PRIVILEGE RESULTED FROM NEGATIVE ASSERTIONS RELATING TO LEGAL ADVICE
- Herbert Smith Freehills – HIGH COURT CONFIRMS JURISDICTION TO ORDER DISCLOSURE UNDER DISCLOSURE PILOT SCHEME NOT CONFINED TO ISSUES IDENTIFIABLE FROM STATEMENTS OF CASE
BREXIT AND JURISDICTION
- Stewarts – Litigation in England after Brexit
- Herbert Smith Freehills – ARTICLE PUBLISHED – DOES THE HAGUE CHOICE OF COURT CONVENTION 2005 APPLY TO ASYMMETRIC JURISDICTION CLAUSES?
- Herbert Smith Freehills – BREXIT: KEY PRACTICAL IMPLICATIONS FOR DISPUTES AND DISPUTE RESOLUTION CLAUSES
KINGS CHAMBERS CORONAVIRUS BLOG
ON THIS BLOG
- PROVING THINGS 195: A CASE WHERE THE RISK ASSESSMENT WAS RELEVANT AND CAUSATION WAS ESTABLISHED
- CIVIL PROCEDURE BLOG AND ARTICLES ROUNDUP – DECEMBER 2020
- WITNESS STATEMENTS: IMMINENT NEW RULES IN THE BUSINESS AND PROPERTY COURTS
- NEW RULES ON WITNESS STATEMENTS IN THE BUSINESS AND PROPERTY COURTS FROM APRIL 2021: IN-HOUSE WEBINAR AVAILABLE
- IT IS UNLAWFUL TO TAKE PHOTOGRAPHS OF A TRIAL CONDUCTED REMOTELY
- PROVING THINGS 196: PROVING THAT FILES WERE (OR WERE NOT) DELIVERED IS MORE TRICKY THAN YOU MIGHT THINK
- A CLAIMANT’S ADDRESS SHOULD BE ON THE CLAIM FORM: BUT A FAILURE DOES NOT LEAD TO A GRANT OF SECURITY FOR COSTS
- PD51ZA WAS NOT EXTENDED: NEW PROVISIONS PLANNED TO ALLOW RULES TO BE CHANGED DURING PUBLIC EMERGENCY
- COURT REFUSES CLAIMANT PERMISSION TO WITHDRAW FROM ADMISSIONS: “THE WHOLE POINT OF THINGS BEING ADMITTED IS THAT PARTIES CAN MOVE ON AND NOT BE BOTHERED WITH INVESTIGATING SUCH MATTERS”
- A WITNESS STATEMENT SHOULD NOT ATTEMPT TO ARGUE THE CASE: YET ANOTHER JUDICIAL REMINDER
- GUIDELINE HOURLY RATES: WORKING GROUP REPORT NOW PUBLISHED: READ THE REPORT AND RESPOND TO THE CONSULTATION
- JUDGMENT ON EXTENT OF POWERS OF HIGH COURT ENFORCEMENT OFFICERS: THE ACCESSIBLE LANGUAGE SUMMARY
- LAWYERS (WELL LITIGATORS ANYWAY) ARE CRITICAL WORKERS: TRAVEL, OVERNIGHT ACCOMMODATION AND SCHOOL PLACES
- QUESTIONNAIRE ON FACILITIES AT THE BUSINESS AND PROPERTY COURTS IN LEEDS
- COVID DOESN’T STOP THE COURTS GOING ON: BUT GREAT CARE IS NEEDED
- PROVING THINGS 197: PROVING LOSS OF EARNINGS IN A PANDEMIC: ACTUAL EARNINGS EXCEEDED POTENTIAL EARNINGS
- PROVING THINGS 198: “NOT RELIABLE EVIDENCE”: THOSE EMAILS MAY NOT BE ALL THEY SEEM
- PROVING THINGS 199: “THE BITTER TRUTH”: INNOCENT PARTIES MAY SUFFER NO LOSSES – AND RECEIVE NO DAMAGES
- “HIS WITNESS STATEMENT … CONTAINED A GREAT DEAL OF ANALYSIS, SUBMISSION AND COMMENTARY ON DOCUMENTS”
- CLAIMANT NOT SUCCESSFUL IN APPLICATION THAT A WITNESS ATTEND IN PERSON AND NOT REMOTELY
- PROVING THINGS 200: ALL THE SERIES IN ONE PLACE: THE (VERY) EXPENSIVE COSTS OF FAILING TO THINK FULLY ABOUT EVIDENCE
- LAWFULNESS OF DAMAGES BASED AGREEMENTS UPHELD BY THE COURT OF APPEAL
- PROVING THINGS 201: THE WHITE LION HOTEL CASE AND PROVING BREACH OF DUTY BY AN OCCUPIER
- CLAIMANTS SUED THE WRONG (NON-EXISTENT) DEFENDANT – AND THE LIMITATION PERIOD HAD EXPIRED: DON’T START BREAKING THE CROCKERY JUST YET
- ANOTHER WITNESS STATEMENT THAT STRAYED INTO INADMISSIBLE ARGUMENTS, PROTRACTED COMMENTARY AND EXPERT EVIDENCE
- PROVING THINGS 203: EVIDENCE AND SCOTT SCHEDULES IN COERCIVE CONTROL CASES: SCOTT SCHEDULES “INEFFECTIVE AND FREQUENTLY UNSUITABLE”
- THE DANGER OF CLAIMANT’S PART 36 OFFERS: THE DEFENDANT CAN WAIT ONE DAY AND THEN PUT COSTS AT LARGE
- SOLICITOR AND OWN CLIENT ASSESSMENT: INTERIM BILLS ARE NOT STATUTE BILLS
- AN INTERESTING CASE IN THE COURT OF APPEAL: NO INTEREST AWARDED ON DAMAGES FOR MALICIOUS PROSECUTION AND FALSE IMPRISONMENT
- LAW AND FLOODING: USEFUL GUIDES TO THE LAW AND PRACTICAL LINKS (2021)
- FIRST SERVICE CASE OF THE YEAR: SERVING PROCEEDINGS IS NOT ALWAYS A WALK ON THE BEACH
- THE MISUSE OF WITNESS STATEMENTS: 2021 SHOWS THAT THE TREND CONTINUES: THREE CASES THAT ARE PROBABLY THE TIP OF AN ICEBERG
- IMPORTANT COVID UPDATES FROM HMCTS: USEFUL LINKS FOR THE PRACTITIONER
- SENIOR COURTS COSTS OFFICE GUIDE – THE 2021 VERSION IS NOW AVAILABLE
- INJUNCTION AND POSSESSION AGAINST TRESPASER SUSPENDED BECAUSE OF COVID
- THE QUEEN’S BENCH GUIDE: 2021 EDITION : OUT TODAY – READ IT WHILE IT’S FRESH…
- NEW FORM N244: SOMETHING TO WATCH OUT FOR
- WHY CAN’T YOU ASK LEADING QUESTIONS IN COURT (AND WHY SHOULDN’T YOU DO IT WHEN PREPARING A WITNESS STATEMENT)
- SEEKING SUMMARY JUDGMENT: THERE ARE QUITE STRINGENT RULES: CLAIMANT HAD TO RECTIFY SITUATION TO OBTAIN ORDER
- KERRY UNDERWOOD ON COSTS – AND SO MUCH MORE: SUBSCRIPTION SERVICE READ ALL ABOUT IT
- WHAT HAPPENS IF YOU DON’T SETTLE AFTER A MEDIATION: NO ISSUE BASED ORDER, INDEMNITY COSTS AND £127,000 ON ACCOUNT OF COSTS