“A SOLICITOR, NO MATTER HOW EXPERIENCED OR INEXPERIENCED, MUST BE TAKEN TO KNOW THE CIVIL PROCEDURE RULES “(ii): A REMINDER OF THE BACK TO BASICS SERIES

December 16, 2021 · by · in Avoiding negligence claims, Civil evidence, Civil Procedure

The post yesterday on the case where it was stated that every lawyer is taken to know the Civil Procedure Rules has led to me re-visit the “Back to Basics” series on this blog.  The series now has 91 posts* and covers some of the basic and fundamental points of civil procedure.  If the claimant’s solicitor in Holterman v Electrium (2020) EWHC 3915 ( TCC) had read number 71 in the series, they would have known that the Particulars of Claim have to be served within the four month period (and saved themselves a lot of grief).

THE SERIES

81.  The Summary Assessment of Costs: Avoiding Problems.
*I am not certain if there was  ever a number 87 and 88.

WEBINARS EARLY NEXT YEAR

Next year starts with three webinars on the issue of avoiding problems, and putting them right.

AVOIDING PROBLEMS WITH LIMITATION AND MAKING A SECTION 33 APPLICATION

13th January 2022, booking details available here.

  • Recent cases on limitation
  • The major problem areas of limitation
  • Avoiding problems with limitation
  • Section 33 (if you have to use it)
  • Making an effective Section 33 application

AVOIDING PROCEDURAL PITFALLS IN PERSONAL INJURY LITIGATION

20th January 2022 – booking details available here. 

  • The problem areas for personal injury litigation – where things go wrong and why
  • Key time periods
  • What can you do if things go wrong?
  • Making an effective application for relief from sanctions

STATEMENTS OF CASE, DRAFTING, DANGERS AND PITFALLS 2022

18th February 2022 – booking details available here. 

  • What should be on the claim form?
  • What must the particulars of claim contain?
  • Problem areas in drafting the particulars
  • What must the claimant plead?
  • What should the defence contain?
  • When do you need to file a reply or a defence to counterclaim?
  • Part 18 requests – what can, and what can’t, they contain?
  • Amending statements of case
  • Statements of case at trial
  • Avoiding the pitfalls of pleading
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