MEMBER NEWS:YOU CAN CHANGE THE FREQUENCY OF WHEN YOU RECEIVE EMAILS FROM THE SITE: LOOKING AT THE “BACK CATALOGUE” 1: THE “BACK TO BASICS” SERIES

There has been an increase in the frequency of posts since this site became a membership site.  Obviously this increases the number of emails members receive. It is possible to change your subscription so that you receive the updates daily or weekly if you prefer.  We look at how to do this here.  Because a number of members are new to the site we also start an examination of the “back catalogue” on the site, with a look at the “Back to Basics” series.

(Changing the frequency is possible)

CHANGING THE FREQUENCY OF POSTS TO DAILY OR WEEKLY

I was at a legal function last Friday and the person sitting next to me told me that they were subscriber members of CLB.   They were a family lawyer, much of the content was useful to them, however they preferred to review it on a weekly basis and not receive the emails when the post came out. They had adjusted the subscription to allow this.  This was (in truth) news to me.  However some people may prefer not to receive the posts as soon as they come out (presumably so they can  concentrate the sheer enjoyment of reading them into one day).

HOW TO DO THIS

• Go to WordPress subscriptions   https://wordpress.com/reader/subscriptions 
• Choose Civil Litigation Brief
• There are three small dots at the end of the section – after “Unsubscribe -(do not press Unsubscribe)
• If you press on those three dots you open a box with “Email me new posts”.
• Press on the small arrow in the box “Instantly”.
• You then have a choice, “instantly”, “daily” or “weekly”.
• You can choose which frequency you prefer.

This is something that has to be done by the individual member, it cannot be done by anyone else.

“THE BACK TO BASICS SERIES”

This is a series that started in April 2018 and is still going.  The first post explained the reason for the

“Last year I was giving an in-house talk at a very prominent firm of litigation solicitors.  The litigation partner present (a person of immense experience) made the point that the firm were continually having talks and education on esoteric and unusual areas of the law.  However relatively little was being done in relation to the “basics” of litigation.  Those matters that were done daily and taken for granted. Yet it was those basic matters that usually lead to problems.”

The series is not afraid to point out the “obvious”, usually because the point in question was not obvious to someone at some point.

The first in the series was on making an application to court. The most recent post (104) made the point that you can’t act on behalf of both sides in litigation.

THE FIRST 50 POSTS

Here are the first 50 posts in the series (which give you a flavour). I’ll put up the remaining 54 in a later post.

• 1: The humble application: wording and timing.

• 2: “Evidence in support” of an application.

• 3: The statement of truth

• 4: What not to put in a witness statement “inadmissible and irrelevant opinion, submission, speculation and innuendo.”

• 5: Schedules and counter-schedules: Not a number-crunching exercise.

• 6: Non-disclosure of a Part 36 offer

• 7. Bundles: A chance to revisit “Sedley’s Laws”

• 8. Leaving Venom out of witness statements: a pen dropped in vitriol is going to cost you money.

• 9. The Court not entitled to reject written evidence unless it is “simply incredible”.

• 10. Challenging the authenticity of documents must be done promptly. 

• 11. The difference between the “date of issue” for limitation purposes and the “date of issue” for the purpose of service.

• 12. The difference between a non-admission and a denial.

• 13. What is meant by witness credibility?

• 14. Service of the claim form on a solicitor.

• 15: Challenging the authenticity of documents: a primer.

• 16. Costs budgeting: The guidance notes on Precedent H.

• 17. When should a cost budget be filed: where things go wrong.

• 18. When is a good time to apply to extend the claim form? Never, just never.

• 19. Back to basics: costs budgeting when case is more than £25,000 but less than £50,000

• 20.  The back to basics series – a recap

• 21. Pleading in the alternative: Binks -v- Securicor 

• 22. When the claimant adopts allegations of contributory negligence: hoist on your own petard

• 23. You can’t sue the dead: but you can sue their estate: what to do if there is no estate

• 24. The bankrupt claimant (personal injury litigants in particular)

• 25. Fatal Accident limitation periods and children 

• 26. When can a witness be excluded from the court hearing?

• 27. Waiving legal professional privilege in a witness statement

• 28. Exhibits to witness statements and affidavits 

• 29. Experts and facts: Experts who venture onto the judge’s territory don’t usually fare too well.

• 30. The advantage of applying for an extension before the date of breach: the case keeps momentum

• 31. Service of the claim form at the “last known address”: five key points

• 32. Beware ye, beware ye, the humble witness summary: it could bite back – with vengeance.

• 33. Invaluable guidance on expert evidence from the ICCA

• 34. “The Sources of Information and Belief” in witness statements: 10 key points

• 35. Witness credibility: more than memory or honesty

• 36. What to do when a proposed defendant has died and there is no grant of probate

• 36A “Understanding “Litigation wishful thinking” 

• 37. The ever so humble Reply: cannot be used to bring a new claim

• 38. The Defence to Counterclaim 

• 39. A Notice to Admit Facts: the rules and case law

• 40. How civil judges decide cases

• 41. Seeking clarification of a Part 36 offer: CPR 36.8

• 42. Why a day early is so very different to a day late: the Robert criteria.

• 43. Cross-examining experts: useful guides and links

• 44. Just don’t write rude things: language that is “far removed from the professional courtesy that solicitors are expected to show each other”.

• 45. The court can reduce the number of witnesses and evidence before trial.

• 46. How to instruct counsel: hints and tips from the internet

• 47. The formal (and mandatory) requirements of a witness statement: a checklist

• 48 An application to set aside an order made without notice is a rehearing and not a review.

• 49. The case summary: The rules, some guidance and an example

(The 50th Post was the one that brought these posts together).