LIMITATION: WHAT'S THE POSITION WHEN THE DEFENDANTS WON'T TELL YOU WHO THEY ARE?
This post looks at the issue raised in Parkin –v- Alba Proteins Ltd where a party failed to disclose the identity/ existence of additional defendants prior to the issue of proceedings. In Parkin –v- Alba Proteins Ltd [2013] EWHC 2036…
PREPARATION FOR CASE MANAGEMENT HEARINGS: GUIDANCE FROM BIRMINGHAM MERCANTILE COURT
The Birmingham Mercantile Court has produced a standard form to be used in Case Management hearings. Although some of the provisions are specific to Mercantile Court procedure many of the matters contained in the form, and accompanying list, are of…
RELIEF FROM SANCTIONS: A CASE WHERE RELIEF WAS REFUSED
This post discusses a recent case where the Court refused relief from sanctions. In Thavattheva Theveraraja and Southern Territory Ltd –v- Riordan, Burke and Prestige Property Developer UK Ltd (Ch D 09/08/2013) Hildyard J refused relief from sanctions when…
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…
GUIDES AND LINKS TO APPEALING TO THE COURT OF APPEAL
This post provides useful links to guidance, forms, rules and practice directions dealing with appeals to the Court of Appeal The Guide to Chancery Applications was a popular post. There is clearly a market for clearly written guidance to…
GUIDE TO INTERIM APPLICATIONS IN THE CHANCERY DIVISION
The Judiciary in England and Wales have produced a guide to Interim Applications in the Chancery Division. This is designed for litigants in person. However it will be useful to all those who do not normally practice in the…
PART 36: A NEAR MISS IS NOT ENOUGH
A recent case emphasises that a “near miss” with a Part 36 offer is not relevant to the court’s assessment of costs after a trial. There was, for a time, a developing jurisprudence around “near miss” offers and…
CHANGES TO PRACTICE AND PROCEDURE IN THE CORONERS COURTS
I have set out a summary of the changes to the Coroners Court Rules at http://fatalaccidentlaw.wordpress.com/2013/07/25/changes-to-coroners-rules-where-to-find-the-law-useful-links-and-a-summary/ That post also links through to all the relevant legislation and the new rules (which came into force la… Enjoying this post? Become a Civil…
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…
65th amendment to the Civil Procedure Rules
The new rules extending the personal injury portal to £25,000; extending fixed costs and dealing with Part 36 offers are now available at http://www.justice.gov.uk/courts/procedure-rules/civil… Enjoying this post? Become a Civil Litigation Brief member to read full articles and access all…
CIVIL EVIDENCE AND WITNESS STATEMENTS
I have written two articles on witness statements and civil evidence for Local Government Lawyer One on the inferences a court can draw when a litigant elects to call no evidence on an issue http://www.localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=13497%3Asilence-… Enjoying this post? Become a…
LITIGANTS IN PERSON: THE LAWYER’S DUTY AND WITNESS STATEMENTS
The Judiciary Working Group on Litigants in Person has been published and is available at http://www.judiciary.gov.uk/Resources/JCO/Documents/Reports/lip_2013.pdf It is worth reading for anyone involved in cases where litigants in person are involved. These always involve additional challenges. Th… Enjoying this…
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…
SERVICE OF THE CLAIM FORM: FURTHER TRAPS FOR THE UNWARY
The post on “Service Faults” http://civillitigationbrief.wordpress.com/2013/07/01/service-faults-and-the-match-is-over/ pointed out one of the traps for the unwary in relation to service of the claim form. However the decision in Bethell Construction –v- Deloitte & Touche [2010] EWHC (Judge Ho… Enjoying this post? Become…
New Court Fees after the 1st July 2013
The Civil Proceedings Fees (Amendment No. 2 ) Order 2013… Enjoying this post? Become a Civil Litigation Brief member to read full articles and access all premium content. Become a member Already a member? Log in below Username or E-mail…
SERVICE, FAULTS AND …. THE MATCH IS OVER
As Wimbledon is underway it is worth reminding ourselves that even apparently minor faults in service can be fatal to an action. This is illustrated by the decision in Venulum Property Investments Ltd –v- Space Architecture Ltd & 9 others …
ONE DIRECTION SINGING FROM THE SAME HYMN SHEET ?
THE USE OF STANDARD DIRECTIONS I have put the standard directions as a link because they will normally be the first port of call for anyone drafting directions (and I once spent a frustrating half hour trying to find…
THANKS FOR THE £500,000. NOW WHERE’S THE EXTRA £50,000 YOU OWE ME? KNOWING THE RISKS AND ADVANTAGES FOR THE CLAIMANT IN THE NEW PART 36
The new provisions when a claimant beats their own Part 36 provide challenges (including potential negligence claims) for the claimant lawyer. A claimant who beats their own Part 36 offer at trial now obtains considerable benefit. CPR 36.13(3) states that…
Extensions of time after Jackson: Safety First
Taking a close look at the decision in Atrium Training Services [2013] EWHC regarding extensions of time and its practical significance for litigators One of my main reasons for starting this blog was to keep a close eye on developments…
SUING THE “MAN OF STRAW”: IS THERE ANYTHING YOU CAN DO ABOUT THE IMPECUNIOUS AND UNINSURED DEFENDANT?
A perennial problem for litigators is the situation where a claimant has a good case but the Defendant is impecunious and uninsured. In many (but not all) motor claims the Motor Insurers Bureau will provide a practical remedy. In all…
INTERIM PAYMENTS AND THE SERIOUSLY INJURED CLAIMANT: SOMEWHERE TO LIVE OR DOWN AT EELES?
Cases and principles relating to interim payments and accommodation in catastrophic injury cases are considered. Prior to the decision in Cobham Hire Services –v- Eeles [2009] EWCA Civ 204 it was a relatively simple matter to obtain a substantial interim…
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