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

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-is-not-necessarily-golden&catid=190%3Aregulatory-articles&Itemid=29 The other on the use…

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. The lawyer’s duties…

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…

New Court Fees after the 1st July 2013

The Civil Proceedings Fees (Amendment No. 2 ) Order 2013

SERVICE, FAULTS AND …. THE MATCH IS OVER

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 …

Extensions of time after Jackson: Safety First

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…