TROUBLE AT SEA: LIMITATION PERIODS AND WATER TRAVEL: AVOIDING NEGLIGENCE  4

We continue the examination of limitation periods that are not necessarily three years. Accidents that happen at sea, or on water generally, can be subject to different limitation periods and, normally, a two year limitation period applies. TWO YEAR PERIODS…

A recent e-mail enquiry has led to my considering the issue of the right to issue proceedings on behalf of the estate of someone who died intestate.   The solicitor wanted to bring an action for personal injury on behalf of…

A tweet  on the 8th October 2013 read:  “PI Claim struck out because Montreal Convention pleaded instead of Warsaw Convention.” (The case in question is reported in detail by Jasmine Murphy on the Hardwicke Chambers website.) This reiterates the points…

Applying to extend time for service of the claim form is a practice fraught with danger, even if done prospectively.  In Haskew –v- Pannone LLP (and others) the Court of Appeal considered the relevant criteria for granting an extension when…

How significant are admissions made under the MOJ portal and what is their practical significance?  A close look at the case of Ullah –v- Jon and its significance in relation to construction of the RTA Protocol.   I am grateful…

The post yesterday looked at the duties owed by an applicant making a without notice application. The full transcript of the case is now available and contains some salutary observations.   Baker –v- Hallam Estates Baker -v- Hallam Estates [2013]…

Since the advent of CPR 3.3 and  CPR 23.8 and 9 there appears to have been a growth in the number of applications made without notice.  Two recent cases highlight the very onerous duty on a party making such an…

This post looks at the case law relating to Article 6 and the right to a fair trial in civil proceedings. It looks at whether decisions under the new CPR 3.9 need to consider the issue of “proportional response”.  …

This post looks at the power the courts have to make costs orders when making an order of its own motion or without notice to one party.  A party attempting to challenge or vary such an order must act promptly….

  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…

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…

This post looks at the unusual case of  Hills Construction –v- Struth [2013] EWHC 1693 (TCC) which considered issues relating to service of the claim form and extensions of time for service of the Particulars of Claim.   The facts…

This post looks at the decision in Dass –v- Dass where the defendant was refused permission to rely upon medical experts because they had not been served in accordance with court directions.  Many of the recent cases in relation to…

One important change introduced from the 1st October is a slightly revised Form H.   A copy  of the new Form H can be found here http://www.justice.gov.uk/courts/procedure-rules/civil/pdf/preview/precedent-h.pdf The explanation of the Practice Direction amendments is at http://www.justice.gov.uk/courts/procedure-rules/civil/pdf/update/update-66-pd-making-document.pdf   A useful summary of…

There have been seven amendments to the Civil Procedure Rules so far this year. In an attempt to give easy access to the amendments They are http://www.legislation.gov.uk/uksi/2013/262/contents/made http://www.legislation.gov.uk/uksi/2013/515/contents/made http://www.legislation.gov.uk/uksi/2013/789/contents/made http://www.legislation.gov.uk/uksi/2013/1412/contents/made http://www.legislation.gov.uk/uksi/2013/1412/contents/made http://www.legislation.gov.uk/uksi/2013/1695/contents/made http://www.legislation.gov.uk/uksi/2013/1974/contents/made   If you want to see the…

This post deals with misunderstandings that appear to be in place as to which cases the new CPR 3.9 provisions on relief from sanctions apply to. In particular whether the key date is the date of issue of proceedings or…

I have posted a short article on a recent case on Section 33 and the Limitation Act 1980 on my blog on Fatal Accident Law at http://fatalaccidentlaw.wordpress.com/2013/08/16/issuing-late-section-33-and-the-fatal-accidents-act-and-law-reform-act-an-example-of-a-claimant-succeeding/

This post looks at the changes to the Civil Procedure Rules introduced by The Civil Procedure Rules (Amendment No 7) Rules 2013.   These rules come into force on 1st October 2013.   The main provisions are that:   A…

This post looks at the issue raised in Parkin –v- Alba Proteins Ltd where a party  failed to disclose the identity/ existence of additional defendants prior to the issue of proceedings. In Parkin –v- Alba Proteins Ltd [2013] EWHC 2036…