ANOTHER CHANGE IN THE RULES ON APRIL 6th: PERSONAL INJURY LAWYERS CAN SAY GOODBYE (IN SOME CASES) TO THE ADMIRALTY COURT
The focus on the new rules on QOCS coming into force on the 6th April may lead to losing sight of some other changes. In particular the new rules and amendments to the Practice Direction in relation to accidents at…
THE NEW RULES ON QOCS FROM APRIL 6th: OMNIBUS EDITION
The new rules on QOCS come into force on the 6th April. Here is a review of the key points as to issue, the consequences and links to useful commentary. WHEN THE RULES COME INTO FORCE The key date…
APRIL 5th IS AN IMPORTANT DATE: WHAT IS MEANT BY “ISSUED” IN THE CONTEXT OF CHANGES TO QOCS?
The new rules relating to the ability to set off defendant’s costs liabilities against a claimant’s costs and damages have, I am told, led to a rush to issue proceedings and a backlog in some courts. These rules come into…
RULE CHANGES IN APRIL 2023: UP TO £100,000 CAN BE PAID INTO COURT FOR A PROTECTED BENEFICIARY
Another change coming into force on the 6th April is an increase, to £100,000, that the court can order be paid into court for a protected beneficiary. This is, quite specifically, aimed to reduce the number of cases that come…
THE NEW RULES ON QOCS 3: WHAT INFORMED COMMENTATORS ARE SAYING: & TWO USEFUL WEBINARS
In the third in this series I thought it would be useful to highlight what informed commentators are saying in relation the new rules. I have gathered a range of views below. I have taken some key comments, however reading…
THE NEW RULES ON QOCS AND COSTS 1: IMPLEMENTATION
The Civil Procedure (Amendment) Rules 2023 make major changes to the rules relating to the set off of costs and QOCS, reversing the decision of the Supreme Court in Ho -v- Adelkun. Here I want to look at the rule…
PRACTICE NOTE ON DISCLOSURE IN THE INSOLVENCY AND COMPANIES LIST – PART 8 CLAIMS
Chief Insolvency and Companies Court Judge Briggs issued a Practice Note on Disclosure in the Insolvency and Companies List on the 6th October 2022. It deals with issues relating to disclosure and Part 8 claims. Part 8 claims are not…
THE KING’S BENCH GUIDE: WHERE TO FIND THE CHANGES
The Queen’s Bench guide has now been changed to the King’s Bench guide. There do not appear to be any substantive changes to the text. The text can be found here. COMPARE AND CONTRAST There is a comparison of…
MORE ABOUT THE CLAIMS PORTAL: AMENDMENTS RELATING TO LEGAL PROFESSIONALS RESPONDING TO CLAIM IS NOW REVOKED: KEEP UP TO DATE WITH TWITTER…
Another tweet from HMSCTS clarifies the position in relation to defendant’s compulsory use of the claims portal which was discussed yesterday. It appears that the amendments relating to legal professionals responding to claims has not simply been postponed, but this…
TEMPORARY HALT TO USE OF CLAIMS PORTAL: PUBLIC ANNOUNCEMENT BY A TWEET… THESE CIVIL PROCEDURE RULES WILL NOT LONGER COME INTO EFFECT ON 2ND JUNE 2022
Practice Direction 51ZB was amended so that it would be compulsory for defendants to use the portal from the 2nd June 2022. However this has been delayed. A tweet from HM Courts and Tribunal Services made at 1.33 today…
USING THE DAMAGES CLAIM PILOT PRACTICE DIRECTION FROM TODAY ONWARDS: SIGN UP AND SEE THE MOVIE
The HMCTS weekly update yesterday stated “From Monday 4 April 2022, legal professionals issuing claims for damages that fall under the scope of Practice Direction 51ZB should use the Damages Claim service on MyHMCTS.” SIGN UP Legal professionals acting for…
NEW RULES COMING INTO FORCE ON THE 6th APRIL 2022 (5): THE “PERSON” WHO MAY NOT BE NAMED…
A minor amendment is being made to CPR Part 39. The amendment enables any person not to be named if the court thinks this necessary. The rule is no longer confined to a party or witness. Amendment of Part 39…
NEW RULES COMING INTO FORCE ON THE 6TH APRIL 2022 (4): CHANGES TO STATEMENT OF VALUE ON THE CLAIM FORM IN PERSONAL INJURY CASES
The new rules reflect the fact that the small claims limit for personal injury damages now requires a figure of £1,500 for pain and suffering, there are specific provisions in relation to road traffic accidents. The rules change the statement…
NEW RULES COMING INTO FORCE ON THE 6TH APRIL 2022 (3): THESE RULES, THEY AREN’T “NEW” ANY MORE
One small change in the rules means that they have left their infancy and, presumably, having now graduated, are entering early adulthood. THE OLD RULE CPR 1.1(1) currently reads (1) These Rules are a new procedural code with the overriding…
NEW RULES COMING INTO FORCE ON THE 6TH APRIL 2022 (2): A BRAND NEW PART 12 ON DEFAULT JUDGMENT
From the 6th April 2022 onwards the existing rules in Part 12 are deleted and replaced with the new rules set out below. THE NEW PART 12 ON DEFAULT JUDGMENT The following rule totally substitutes the existing Part 12 from…
NEW RULES COMING INTO FORCE ON THE 6th APRIL 2022 (1): ACKNOWLEDGING SERVICE AND THE NEW CPR PART 10
New rules are coming into force on the 6th April 2022. This is the first of a series of posts dealing with these changes. There is to be a totally new CPR Part 10, the old rule being replaced entirely…
NEW RULES COMING INTO FORCE ON THE 1ST OCTOBER 3: PERMISSION TO APPEAL FROM FIRST INSTANCE JUDGEAFTER ADJOURNMENT
The rules currently provide that application for permission to appeal to the judge who made the decision must be made to the lower court at the hearing at which the decision to be appealed was made. If an application is…
NEW RULES COMING INTO FORCE ON THE 1ST OCTOBER 2: PROHIBITION ON RECORDING IN COURT EXTENDED BEYOND “TAPE RECORDERS”
Another amendment introduced by The Civil Procedure (Amendment No. 4) Rules 2021 is an addition to the definition section of CPR Part 2 to make it clear that the prohibition on “tape recording” extends to any other device that can be…
NEW RULES COMING INTO FORCE ON THE 1ST OCTOBER 1: VOLUNTARY INTERIM PAYMENTS TO CHILDREN AND PROTECTED PARTIES
There is a new batch of rules coming into force on the 1st October 2021, introduced by The Civil Procedure (Amendment No. 4) Rules 2021. Here we look at the rules relating to interim payments. WHAT THE CHANGES DO…
WITNESS STATEMENTS IN THE BUSINESS AND PROPERT COURTS: GESTMIN PRINCIPLES NOW ENSHRINED IN THE RULES
From the 6th April this year some of the key principles from the judgment in Gestmin SGPS S.A. -v- Credit Suisse [2013] EWCA 3560 (Comm) are effectively enshrined into the rules. Key parts of the Gestmin principles are included in the Appendix to…