PART 18 REQUEST FOR INFORMATION ABOUT DAMAGES REFUSED: “NEITHER REASONABLE OR PROPORTIONATE”
In Kings Security Systems Ltd v King & Anor [2019] EWHC 3620 (Ch) Master Kaye refused an application that a party provide further information in relation to damages. “Part 18 requests should be for the purpose of providing further information…
SENSIBLE COVID PRECAUTIONS TAKEN WHEN IMPLEMENTING A SEARCH ORDER: APPLICANT TAKES A VERY NUANCED APPROACH
The judgment of Mr Justice Fordham in Calor Gas Ltd v Chorley Bottle Gas Ltd & Anor [2020] EWHC 2426 (QB) has some interesting observations about the way in which COVID affects both the way a hearing is held and…
CIVIL PROCEDURE BACK TO BASICS 83: PART 18 REQUESTS FOR FURTHER INFORMATION
Part 18 requests are often misused. The Practice Direction states “A Request should be concise and strictly confined to matters which are reasonably necessary and proportionate to enable the first party to prepare his own case or to understand the…
PROTOCOL FOR INSOLVENCY AND COMPANY WORK AT CENTRAL LONDON COUNTY COURT: APPLICABLE FROM TODAY
A Protocol for insolvency and company work at Central London applies from today. It is set out in full below. It sets out details for remote hearings of bulk and other work made necessary by the pandemic. “PROTOCOL FOR INSOLVENCY…
LETTER STATING THAT THE DEFENDANT CONSENTED TO SOME AMENDMENTS DID NOT OUST COURT’S JURISDICTION: TRY TO AMEND AT YOUR PERIL
In Scott & Ors v Singh [2020] EWHC 1714 (Comm) HHJ Eyre QC rejected an argument that a letter stating that the defendants agreed to some proposed amendments by the claimant meant that the court had no jurisdiction to prevent…
CIVIL PROCEDURE (CORONAVIRUS): BLOG AND ARTICLES ROUND UP – AUGUST 2020
A round up of blog posts and articles relating to civil procedure and coronavirus for August 2020. Remote Hearings Stewarts – Divisional Court judgment offers lessons for virtual trials Litigation Litigation Futures – NHS, solicitors and patients group agree Covid-19 claims…
CIVIL PROCEDURE (NOT-CORONAVIRUS): BLOG AND ARTICLES ROUND UP – AUGUST 2020
A round up of blogs and articles about procedure, evidence and damages published in August 2020. Costs DAC Beachcroft – Beware of costs sanctions if your conduct falls out of line Costs Barrister – Crypto tokens and litigation funding ACL – Claimant debarred…
NIGHTINGALE COURT IN LEEDS: STARTING 28th AUGUST 2020: BUSINESS AND PROPERTY COURTS AND CIVIL CASES: GUIDANCE FOR USERS
A “Nightingale Court” has started in Leeds from the 28th August 2020. It is being run at Cloth Hall Court, Quebec Street, Leeds. Below I have the formal notice from HMCTS and the guidance that has been issued to users…
EXTENSION OF STAY OF POSSESSION PROCEEDING TO THE 20th SEPTEMBER 2020
The Civil Procedure (Amendment No. 5) (Coronavirus) Rules 2020 extend the stay on possession proceedings from the 23rd August to the 20th September 2020. THE RULES The rules can be found here. WHAT THE RULES DO The mechanism is…
CORONAVIRUS LAW: PANDEMIC DID NOT PREVENT COURT MAKING MANDATORY INJUNCTION COMPELLING REMOVAL OF CARAVANS AND MOBILE HOMES
In Chichester District Council v Sullivan & Ors (Rev 1) [2020] EWHC 2154 (QB) HHJ Auberbach considered the impact of the coronavirus pandemic on a decision to grant a mandatory injunction requiring the removal of caravans and mobile homes in…
CIVIL PROCEDURE (CORONAVIRUS): BLOG AND ARTICLES ROUND UP – JULY 2020
Issues relating to coronavirus still play a large part in the conduct of civil litigation. It is still worthwhile looking at those posts and articles that deal specifically with covid and the courts. Costs ACL – Gordon-Saker: Video and phone…
DENTON PRINCIPLES APPLIED IN THE ADMINISTRATIVE COURT: EXTENSION OF TIME GRANTED FOLLOWING DEFAULT IN AN EXTRADITION CASE
In Zelenko v Prosecutor General’s Office of the Republic of Latvia [2020] EWHC 1800 (Admin) the Administrative Court applied Denton principles to an issue concerning extradition. THE CASE An order had been made extraditing the applicant to Latvia. The…
WHEN SHOULD A SOLICITOR MAKE A WITNESS STATEMENT ON BEHALF OF THEIR CLIENTS? A REVIEW OF THE CASES
Last week I gave an in-house talk to a London firm of solicitors.* One of the matters we discussed was when (if ever) it was appropriate for a solicitor to make a witness statement in support of an interlocutory application. …
GOING BACK INTO COURT: MY FIRST EXPERIENCE OF A SOCIALLY DISTANCED TRIAL
Yesterday I had my first experience since “lockdown” of going back into a court building to do a trial. I did a series of tweets about it and they have had some attention. That is why i thought it best…
CORONAVIRUS LAW: SHOULD A HEARING BE IN PERSON OR BY VIDEO?
In Surrey Heath Borough Council v Robb & Ors [2020] EWHC 1650 (QB) Mr Justice Freedman considered submissions that a hearing should take place in person. He held that there was an onus on part requesting a hearing in court…
FAILURE TO FILE A CERTIFICATE FOR THE LITIGATION FRIEND UPON ISSUE: CAN THE COURT REMEDY THE SITUATION: CONSIDERING THE IMPARTIALITY OF THE LITIGATION FRIEND
It is rare for there to be a lengthy judgment in relation to procedural issues about the appointment and the role of the litigation Friend. In Hinduja v Hinduja & Ors [2020] EWHC 1533 (Ch) Mr Justice Falk considered whether…
WHEN THE SKY FALLS IN: WHAT TO DO WHEN THINGS GO WRONG IN LITIGATION: WEBINAR 6th AUGUST 2020
I have been writing on this blog for some time now that lawyers should be taught that mistakes happen. We should aim to avoid them but if errors are made they are often rectifiable if dealt with correctly and quickly. …
THE “BACK TO BASICS” SERIES 80: THE POSTS SO FAR
The “back to basics” series has been going since April 2018. It has covered a surprising amount of topics. From how to draft an application to “litigation wishful thinking”. Two years on this is a good time to recap on…
CORONAVIRUS LAW: APPLICATION TO ADJOURN HEARING REFUSED: JUSTICE DELAYED IS JUSTICE DENIED
The decision of Mr Justice MacDonald today in Lancashire County Council v M & Ors (COVID-19 Adjournment Application) [2020] EWFC 43 is another case where an application to adjourn because of Covid concerns was refused. The judge held that an…
CORONAVIRUS LAW IN THE COURT OF APPEAL: A HYBRID HEARING WILL NOT BE UNFAIR IF LEADING COUNSEL CANNOT ATTEND IN PERSON
In the judgment today in C (Children : Covid-19: Representation) [2020] EWCA Civ 734 the Court of Appeal dismissed an argument that a “hybrid” hearing, to be heard with one side’s leading counsel attending remotely, was unfair. THE CASE…