LITIGATORS:WANT TO WORK FOR NOTHING? THEN DON'T FILE YOUR COSTS BUDGET ON TIME

This post deals with the extremely draconian penalty imposed on a litigant who fails to file a costs budget on time. THE RULES CPR 3.13 and 14 deals with the duty to exchange costs budgeting.     Filing and exchanging…

AVIATION AND THE REALLY VICIOUS LIMITATION PERIOD : AVOIDING NEGLIGENCE 3

AVIATION AND THE REALLY VICIOUS LIMITATION PERIOD : AVOIDING NEGLIGENCE 3

AVIATION AND LIMITATION The purpose of this post is to make you feel really uncomfortable when you are involved with a case that involves aviation, in any way shape or form. Including when your client is injured in an airport….

RELIEF FROM SANCTIONS: A CASE IN WHICH RELIEF WAS GRANTED. WYCHE -v- CAREFORCE GROUP LTD

Every case in relation to relief from sanctions is being examined carefully after 1st April. The case of IAN ALAN WYCHE v CAREFORCE GROUP PLC (2013)QBD (Comm) 25/07/2013  is going to be of interest. The case is not yet fully reported…

SERVING WITNESS STATEMENTS LATE: AN EXTREMELY DANGEROUS PRACTICE

The recent decision in Fons HF –v- Corporal Ltd & Pillar Securitisation [2013] EWHC 1278 (Ch) provides an object lesson on the difficulties that can arise when both parties fail to file witness statements in accordance with directions.  The facts…

AVOIDING NEGLIGENCE 2 :  NOT EVERY PERSONAL INJURY LIMITATION PERIOD IS THREE YEARS.

AVOIDING NEGLIGENCE 2 : NOT EVERY PERSONAL INJURY LIMITATION PERIOD IS THREE YEARS.

“THOSE LIMITATION PERIODS THAT CAN BITE YOU IN THE BOTTOM” It can come to a shock to some litigators that not every action has a three year limitation period. Some have a two year period and some less than that.  …

AVOIDING NEGLIGENCE 1 : THE THREE YEAR LIMITATION PERIOD: HOW DOES ANYONE MISS IT?

AVOIDING NEGLIGENCE 1 : THE THREE YEAR LIMITATION PERIOD: HOW DOES ANYONE MISS IT?

How does anyone miss a three year limitation period?  The basic answer is usually some kind of maladministration.  Often a failure of the diary system.  Someone has inserted the wrong month, occasionally the wrong year. Sometimes there is no diary…

AVOIDING NEGLIGENCE : A LAWYER'S GUIDE

I am writing a series of posts on the topic of “how not to get sued”.  This is mainly aimed at personal injury practitioners, however many of the posts relate to procedure and will be of more general interest. There…