SANCTIONS AND DEFAULT: THE NEW APPROACH IN PRACTICE. THE FULL TRANSCRIPT OF BAKER -v- HALLAM ESTATES
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…
There has been a tremendous change in policy in relation to case management after 1st April 2013. This has already led to major difficulties for some litigators. This post is the first (of what may be many) survival guides 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…
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…
The Birmingham Mercantile Court has produced a standard form to be used in Case Management hearings. Although some of the provisions are specific to Mercantile Court procedure many of the matters contained in the form, and accompanying list, are of…
This post discusses a recent case where the Court refused relief from sanctions. In Thavattheva Theveraraja and Southern Territory Ltd –v- Riordan, Burke and Prestige Property Developer UK Ltd (Ch D 09/08/2013) Hildyard J refused relief from sanctions when…
This post deals with the extremely draconian penalty imposed on a litigant who fails to file a costs budget on time. THE RULES CPR 3.13 and 14 deals with the duty to exchange costs budgeting. Filing and exchanging…
This post provides useful links to guidance, forms, rules and practice directions dealing with appeals to the Court of Appeal The Guide to Chancery Applications was a popular post. There is clearly a market for clearly written guidance to…
The Judiciary in England and Wales have produced a guide to Interim Applications in the Chancery Division. This is designed for litigants in person. However it will be useful to all those who do not normally practice in the…
