DOES AN APPLICATION TO STRIKE OUT AMOUNT TO A “STEP IN THE ACTION” SO THAT AN ARBITRATION CLAUSE IS DISPLACED? AN IMPORTANT QUESTION CONSIDERED ON APPEAL
If the parties have agreed to an arbitration clause and one of them issues proceedings then the right to seek a stay of that action can be lost if the defendant takes a “step in the action”. This case considers…
WHEN POSSIBLE FRAUDULENT CONDUCT EMERGES – CAN A SOLICITOR SIMPLY CARRY ON AS BEFORE? THE ISSUES CONSIDERED
Here we look at difficult conduct issue. This is in the context of applications for judicial review. However some of the problems are universal. What does the lawyer do if there are “red flags” that indicate that the solicitor is…
CHANGES COMING INTO FORCE ON THE 1ST OCTOBER 2026: HOUSING LAWYERS BE AWARE…
Some, apparently, minor updates to Practice Directions have a major significance for housing law practitioners in particular. Here we look at the major change, which relates to housing disrepair claims and the minor corrections. KEY PRACTICE POINTS The addition…
THE CURRENT IMPORTANCE OF PLEADINGS 95: THE DEFENDANT’S ARGUMENT THAT THE JUDGE HAD AWARDED THE CLAIMANTS MORE THAN THEIR PLEADED CASE
This is another case relating to pleading damages. Here the objection was that the judge had awarded the claimants more than they had pleaded. In some circumstances this may have made a difference. On the facts of this case it…
EXPERT WATCH 72: THE DEFENDANT HAD LEFT IT TOO LATE TO OBJECT TO THE CLAIMANTS’ EXPERT EVIDENCE: THIS SHOULD HAVE BEEN DONE AT TRIAL NOT AT THE APPEAL STAGE
If a party is going to object to their opponents relying on expert evidence this is best done promptly. Leaving it to the appeal stage is dangers – as this case shows. The defendant received a report, commented on the…
THROWBACK FRIDAY: FOR WANT OF A PAGE IN A BUNDLE THE DAMAGES WERE LOWER… (SEPTEMBER 2015)
Here we look at a post from 2015 about a missing page in a trial bundle. The claimant argued that the missing page meant that damages had been too low. The judge held that that an application the day after…
WHAT HAS CIVIL LITIGATION BRIEF DONE ABOUT – GUIDANCE FOR A PAYING PARTY: A 10 POINT CHECKLIST WITH USEFUL LINKS
Here we look at those points and posts of particular interest to those representing a paying party. There are ten key points and links to the appropriate posts on this site. KEY PRACTICE POINTS The important thing for a…
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