WHO IS WATCHING YOUR BACK? A CHECKLIST ON "DEFENSIVE LITIGATION"
The previous post looked at the “fish file” checklist prepared by groups in a recent session I conducted in at one of Kerry Underwood’s courses. A second checklist was also prepared by the groups and this related to “defensive litigation”….
"ESSENTIAL CHECKLISTS": THE COMPLETE LIST
The “Essential Checklist” series developed out of a workshop series in a course I gave last month. Six groups produced six checklists. Here is a link to them all. SERVICE OF PROCEEDINGS: (“SERVICE WITH A SMILE”) Essential points before the…
AVOIDING UNDERSETTLEMENT: THE FINAL "ESSENTIAL CHECKLIST" & A USEFUL LINK
The final list in the “essential checklist” series is on “avoiding undersettlement”. The day the course was held the Law Society Gazette had published Rachel Rothwell’s piece on Why Cannibalism is coming to PI. One delegate noted that he had…
PRE-ACTION CONDUCT: ESSENTIAL CHECKLISTS AND USEFUL LINKS
This is the 5th in the series of “Essential Checklists”. The group “Prequel” (the clue is in the name I guess) set out what they thought were essential elements in Pre-action procedure. PREQUEL’S CHECKLIST PRE-ACTION STEPS, PROTOCOL AND LETTERS BEFORE…
COSTS AND COSTS BUDGETING SOME ESSENTIAL CHECKLISTS: GROUP H AT WORK
This is the checklist produced by Group H. You can see the cost lawyer’s concerns at work in relation to the proper allocation of the case and the need to keep an ongoing record. Of particular interest is the…
COSTS, COSTS BUDGETING AND MAKING A LIVING: THE PREQUEL TO THE ESSENTIAL CHECKLIST
The fourth in our “essential checklist” series was prepared by a group that called itself “Group H”. The checklist addresses issues relating to recording and recovering costs. GROUP H This was the only group where I was involved in some…
SURVIVING MITCHELL 16: DEALING WITH "FISH FILES": OVERCOMING PROCRASTINATION
A “fish file” is a file that has been left for so long it has started to smell. Consequently the litigator avoids it and it gets smellier and smellier. These files are always ripe. Ripe, that is, for problems to…
IF YOU ARE FOLLOWING THIS BLOG: CHECK LINKS AND "MITCHELL" SECTION FROM TIME TO TIME
This blog now has around 10 times more followers than it had a few weeks ago. If you follow the blog (which is free) you will receive any new posts directly into your e-mail. There are, however, a few points…
UPDATED GUIDANCE: LINKS TO HELP IN COMPLETING PRECEDENT H AND COSTS BUDGETING
Some blog posts always have a regular and large number of visitors each day. The post in January on “On-Line Guidance on filling in Form H” is one of these. Here I provide links to developments since January and to…
NEW COUNTY COURT RULES: EXTENSION OF EQUITY JURISDICTION TO £350,000
On the 22nd April 2014 the County Court Equity jurisdiction is extended to £350,000. A copy of the relevant Statutory Instrument is attached uksi_20140503_en (1) and there is a link here…. Enjoying this post? Become a Civil Litigation Brief member to read…
RESPONSES TO CIVIL JUSTICE COUNCIL ON JACKSON REFORMS: USEFUL LINKS
I am putting together a list linking all publicly available links to those people who responded to the Civil Justice Council request for responses on the Jackson Reforms. I am looking for more links and will add these as they…
SURVIVING MITCHELL 11: BE PROMPT: BE VERY PROMPT
Two recent cases have emphasised the importance of a prompt response to procedural issues. Anything other than “promptness” courts danger with the courts. The duty to act “promptly” does not just apply to making applications for relief from sanctions. A…
TRIAL BUNDLES: ANOTHER VIEW FROM THE BENCH: WILL SEDLEY'S LAW BECOME BEHRENS' LAW?
There have been several posts about the proper preparation and collation of trial bundles. An interesting comment from HHJ Behrens in the case of Burnard -v- Burnard [2014] EWHC 340 (Ch) indicates that, bundles remain far from perfect. BURNARD Judgment…
AMENDED CASE MANAGEMENT CONFERENCE NOTICE: BIRMINGHAM MERCANTILE COURT: A WHOLE HOST OF USEFUL LINKS FOR CASE MANAGEMENT CONFERENCES
Following the 69th amendment to the Civil Procedure Rules Birmingham Mercantile Court has revised its Case Management Conference Notice. This deals with the new statement of truth from the 22nd April. The Notice is worth reading even if you don’t…
CHANGES TO STATEMENT OF TRUTH ON PRECEDENT H: NOT APRIL THE FIRST – THE MOJ GOT THE DATE WRONG
There has been a lot of publicity surrounding the new statement of truth on the Form H. The situation has not been helped by the fact that the MOJ gave the wrong date for implementation of the change. The date…
CHANGES TO CIVIL PROCEDURE RULES ON APRIL 1st: USEFUL GUIDANCE AND LINKS
I have already written a post on the rule changes that come into force on 1st April. In particular the new “stakeholder” provisions which replace the interpleader rules. There are other sources which summarise the rule changes and should be…
COSTS BUDGETING, CASE MANAGEMENT & TECHNOLOGY: FREE BUNDLE PREPARATION FOR CASE MANAGEMENT HEARINGS: USEFUL DOCUMENTS AND LINKS
Case management and costs budgeting remain one of the Jackson innovations we are still getting used to. There are several useful guides that assist, plus one company offers a free service providing the bundle for the Case Management Conference. This…
TEN LIMITATION MYTHS THAT EVERY PERSONAL INJURY LAWYER SHOULD KNOW
I am giving a webinar for CLT on the 4th March. Booking details can be found here “Limitation and PI Claims: 10 Myths that Every Practitioner Should Know” This webinar identifies and debunks 10 of the most common myths and…
YOUR CHANCE TO COMMENT ON THE IMPACT OF THE JACKSON REFORMS: CIVIL JUSTICE COUNCIL CONFERENCE
I have heard a lot comments on the impact of the Jackson Reforms, (some of it unprintable). The Civil Justice Council is holding a conference in March on the impact of the reforms and is inviting “position papers”. I would…
SURVIVAL AFTER MITCHELL: 30 POINT PLAN: WEBINAR AVAILABLE ON DEMAND
The CLT Webinar I did last week on 30 points of avoiding problems after Mitchell is now available on demand from CLT. Not only is this an economic way to get you training done it is a whole lot cheaper than…
Cost Management Hearings and Form H: Blank Schedule
As mentioned in my earlier post Cost Management Hearings and Form H some courts (and I do not know whether this is a national or local practice) direct that the claimant file a schedule/summary showing the parties’ individual claims on…
COSTS MANAGEMENT HEARINGS AND FORM H: PRACTICAL GUIDANCE AND A USEFUL SCHEDULE
Costs Management hearings are still relatively novel. A previous post set out links to posts and articles that provide some guidance. Here are a few practical tips and a useful Schedule to highlight the differences. YOU CAN’T HAVE THINGS TWICE:…
MITCHELL: LINKS TO USEFUL ARTICLES AND POSTS
THIS POST CONTAINS THE DECISIONS RELATING TO MITCHELL AND THE CASES THAT FOLLOWED IMMEDIATELY AFTERWARDS. LATER LINKS CAN BE FOUND AT DISCUSSIONS OF MITCHELL AT http://civillitigationbrief.wordpress.com/2013/11/27/mitchell-links-to-articles-and-posts/ WHAT IS ON THIS POST 1. Zenith Chambers. 2. Indi… Enjoying this post? Become a Civil…
ON-LINE GUIDANCE ON COSTS BUDGETING AND FILLING OUT FORM H: UPDATED
Form H (Precedent H) is now a central part of the litigation process. It was the delay in lodging the Form H that led to sanctions being imposed in the Mitchell case. Many people are facing completion of the form…
CIVIL PROCEDURE, COSTS & SANCTIONS: LINKS TO RECENT ARTICLES AND POST
Links to posts and articles on all aspects of civil procedure. Linking does not indicate approval or agreement but that all discussion on these issues is useful. RECENT POSTS AND ARTICLES 23rd June 2019 Herbert Smith Freehills Litigation Notes…
DRAFTING WITNESS STATEMENTS AND THE LAWYER AS WITNESS
There have been several posts about drafting witness statements on this blog. Here I am referring readers to comments made by Richard Moorhead in his blog “Lawyer Watch”. The first refers to a case where the solicitor for a party…
AMENDMENTS TO CIVIL PROCEDURE RULES COMING INTO FORCE ON THE 1st JANUARY 2014
There are new rules coming into force on the 1st January. These mainly amend the procedure relating to defamation and the presumption of a jury trial. However there are other minor amendments. The rules and explanatory text can be found…
TRIAL BUNDLES: TIMING, CONTENTS AND PRESENTATION : AND DO YOU KNOW SEDLEY’S LAWS?
Amidst the Mitchell Mayhem and the high glamour and glitz of Civil Litigation at the moment I am writing a post on the mundane subject of trial bundles. Mundane but important. The significance of bundles was highlighted in the recent…
WEBINAR ON "SURVIVING MITCHELL":29th JANUARY 2014
I am broadcasting a Webinar for CLT on “Surviving Mitchell” on the 29th January 2014 at 13.00. The link for subscribing can be found at http://www.clt.co.uk/webinar.aspx?crseidcode=1695882 “This webinar which is presented by Gordon Exall, will explain exactly what went wrong for…
SANCTIONS: CASE WATCH
This section looks at decisions in relation to relief from sanctions and the general principles of CPR 3.9. Often there are links to the decisions themselves, together with links to posts on this blog. CASES IN CHRONOLOGICAL ORDER JULY 2015…
PROPOSED REFORMS TO COURT FEES
The Ministry of Justice document on proposed reforms to Court fees can be found at http://www.official-documents.gov.uk/document/cm87/8751/8751.pdf… 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…
THE "JACKSON CORNER": A USEFUL PLACE TO LOOK
Zenith Chambers provides a useful facility at “the Jackson Corner” which can be found, directly, at http://www.zenithchambers.co.uk/site/the_jackson_corner/ It has useful articles, links and guidance on key documents. You can receive e-mail notifications of updates by contacting the e-mail address a… Enjoying…
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