AGREEING EXTENSIONS OF TIME: OFFICIAL GUIDANCE
The problem of parties not being able to agree extensions of time has been present since the decision in Lloyd. However Kerry Underwood reports on a new addition to draft orders set out by Master Cook today. THE DRAFT WORDING…
PLEADINGS, THE STATEMENT OF TRUTH & CONTEMPT OF COURT: USEFUL GUIDANCE FROM RPC SOLICITORS
Hot on the heels of the discussion of witness statements and the statement of truth yesterday is an article by RPC solicitors about the importance of the statement of truth and pleadings. In particular there is a useful summary of…
DRAFTING SKELETON ARGUMENTS AND NOTICES OF APPEAL: EXAMPLES ON LINE
The skeleton arguments and Notices of Appeal in a case are rarely seen. David Price Solicitors have put their Skeleton and Notice of Appeal on line in a case. THE CASE The case is a defamation case where the solicitors…
KERRY UNDERWOOD: ABERCROMBIE AND RELIEF FROM SANCTIONS
Kerry Underwood’s blog contains an interesting discussion of the apparent differences between various divisions of the Court of Appeal on the issue of relief from sanctions. Kerry points to the decision in Abercrombie and Others v Aga Rangemaster Ltd (2013) EWCA…
GUIDANCE FROM THE BENCH ON POST JACKSON LITIGATION
HH Judge Simon Brown QC has written a series of articles on Litigation Post Jackson for the New Law Journal. See How to avoid getting into serious trouble http://www.newlawjournal.co.uk/nlj/content/how-avoid-getting-serious-trouble Costs Management Post Jackson http://www.newlawjournal.co.uk/nlj/co… Enjoying this post? Become a Civil Litigation Brief…
MORE MITCHELL MAYHEM: CASE STRUCK OUT AT TRIAL FOR BUNDLE BEING DELIVERED LATE
Stories abound in relation to the court’s attitude to matters after Mitchell. Below is an e-mail kindly copied to me by David Kirkham, from a London Barrister. It highlights the very real risks involved. The story tells itself. “I was…
RELIEF FROM SANCTIONS: DECISION OF THE HIGH COURT: THE LETTER OF THE LAW
The case of Forstator -v- Python (Monty) Pictures Ltd [2013] EWHC 3759 is a case where the Court granted relief from sanctions. It was heard before the Mitchell decision but judgment was given afterwards. The judge did not hear submissions…
MITCHELL: 20 KEY POINTS OF JUDGMENT
The Court of Appeal gave judgment in Mitchell -v- News Group Newspapers [2013] EWCA Civ 1537 today. The case has been much covered. The Claimant’s application for relief from sanctions was refused. The key points of general importance are: 1….
THE DUTY TO RISK ASSESS AND NEGLIGENCE AFTER THE 1ST OCTOBER 2013: A DETAILED EXAMINATION OF THE LAW AND CASES
The link to this post is at http://accidentsatworkaftertheerra.wordpress.com/2013/10/01/the-duty-to-risk-assess-and-common-law-duty-after-1st-october-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 Password Remember Me…
ACCIDENTS ABROAD AND THE FOREIGN LIMITATION PERIODS ACT: AVOIDING NEGLIGENCE CLAIMS 5
It is easy to assume that every jurisdiction has a limitation period of three years. However when an accident happens abroad the Foreign Limitation Periods Act 1984 provides that the relevant limitation period is the period that prevails in…
EXTENSION OF TIME GRANTED: DEFENDANT'S OBJECTION REGRETTABLE
This post looks at a case where the claimant served the particulars of two days late. The judge stated that it was “the clearest” case for an extension of time. He also regarded the defendants’ taking of the point…
WHAT ARE WITNESS STATEMENTS FOR?
I have written an article for the Local Government Lawyer on drafting witness statements dealing with recent cases and guidance on the topic, see What are witness statements for For other articles in the series on drafting witness statements see…
Useful Links on Civil Litigation Brief
Make sure you check out the links section on Civil Litigation Brief, it contains some useful links for all litigators including the new link to the Ministry of Justice website which provides model standard orders for directions…. Enjoying this post?…
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