QOCS CONTINUE TO APPLY IN THE COURT OF APPEAL: DECISION TODAY: CLAIMANT STILL HAS THE SHIELD OF QOCS PROTECTION

QOCS CONTINUE TO APPLY IN THE COURT OF APPEAL: DECISION TODAY: CLAIMANT STILL HAS THE SHIELD OF QOCS PROTECTION

I am grateful to barrister Sarah Robson for sending me a copy of the Court of Appeal judgment today in Wickes -v- Blair (No 2) Costs [2020] EWCA Civ 17.  The Court of Appeal held that QOCS protection continues to…

CIVIL PROCEDURE BACK TO BASICS 71: TIME FOR SERVING THE PARTICULARS OF CLAIM: SERVE WITHIN THE FOUR MONTH PERIOD

CIVIL PROCEDURE BACK TO BASICS 71: TIME FOR SERVING THE PARTICULARS OF CLAIM: SERVE WITHIN THE FOUR MONTH PERIOD

In Maggistro-Contenta & Anor v O’Shea & Anor [2019] EWHC 3035 (Ch)  Chief Master Marsh stated. “The requirement in CPR 7.4(2) that particulars of claim must be served no later than the latest time for service of the claim form has been…

CIVIL PROCEDURE BACK TO BASICS 68: THE FORMAL REQUIREMENTS OF A WITNESS STATEMENT (AGAIN)

CIVIL PROCEDURE BACK TO BASICS 68: THE FORMAL REQUIREMENTS OF A WITNESS STATEMENT (AGAIN)

I am returning to the issue of the basic and mandatory requirements of a witness statement.  Here we are looking at the very basic rules as to what should appear on the first page of a witness statement.  WHY YOU SHOULD…

THE IMPACT OF FAILURE TO MITIGATE DAMAGES ON A CLAIM FOR COSTS: CLAIMANT'S COSTS CONFINED TO SMALL CLAIMS TRACK

THE IMPACT OF FAILURE TO MITIGATE DAMAGES ON A CLAIM FOR COSTS: CLAIMANT’S COSTS CONFINED TO SMALL CLAIMS TRACK

I am grateful to Simon Fisher, Costs Lawyer at DWF Costs Ltd, for sending me a copy of the decision of District Judge Matthews in Messenger -v- Zenith Insurance (3rd July 2019). A copy of the transcript is available here….

RIGHTS OF AUDIENCE IN CHAMBERS: A RESPONSE: WHAT IS MEANT BY "IN CHAMBERS"?

RIGHTS OF AUDIENCE IN CHAMBERS: A RESPONSE: WHAT IS MEANT BY “IN CHAMBERS”?

Last month I reported on a decision in relation to rights of audience in “chambers”, in particular what was meant by chambers.   That led to a lot of (sometimes heated) discussion on Twitter and a response from “Elderly Cost Nerd”…

TALES FROM THE APIL CONFERENCE 2: SOCIAL MEDIA NORTH OF THE BORDER: "HE WAS ONE OF A GROUP OF MEN SIMILARLY DRESSED EXCEPT FOR THE TARTAN OF THEIR KILT"

TALES FROM THE APIL CONFERENCE 2: SOCIAL MEDIA NORTH OF THE BORDER: “HE WAS ONE OF A GROUP OF MEN SIMILARLY DRESSED EXCEPT FOR THE TARTAN OF THEIR KILT”

This year sees the first APIL President from Scotland, Gordon Dalyell.  As soon as I sent out the previous post on social media a a Scottish Sheriff, Sheriff Cubie, sent me an example of the use of social media in…