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”….
WITNESS STATEMENTS: NOT ONE BUT TWO "ESSENTIAL CHECKLISTS"
Earlier posts have documented how these checklists were made. The prequel to the essential checklist sets out matters that practitioners have to watch. Here I set out the checklist prepared by the group “Stating the Obvious”. It is no…
CPR 3.9: MITCHELL AND APPLYING TO JOIN GROUP LITIGATION: HOLLOWAY -v- TRANSFORM MEDICAL GROUP
In Holloway -v- Transport Medical Group [2014] EWHC 1641 (QB) Mrs Justice Thirlwall DBE considered whether the “Mitchell” principles applied to late applications to join the register of claims following a Group Litigation Order. THE JUDGMENT The judgment is available…
RELIEF FROM SANCTIONS, PRISONS AND SANITATION
The issue of relief from sanctions was considered by Mr Justice Hickinbottom in Ashton (et al) -v- The Ministry of Justice [2014] EWHC 1624 QB. THE FACTS A large number of prisoners were bringing actions under the European Convention alleging…
REMEMBERING THAT CASE MANAGEMENT HAS A POINT AND PURPOSE: A WORKING EXAMPLE OF PROBLEMATIC PREPARATION
In the furore that now surrounds civil procedure it is often forgotten that the rules of civil procedure are a means to an end. That end being that there IS a fair trial on the disputed issues between the parties,….
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