“PROCEDURAL RIGOUR IS IMPORTANT NOT FOR ITS OWN SAKE. IT IS IMPORTANT IN ORDER FOR JUSTICE TO BE DONE”
In R v Secretary of State for Health and Social Care and Secretary of State for Education ex parte Dolan and Others. [2020] EWCA Civ 1605 the Court of Appeal rejected an argument that the “lockdown” regulations were unlawful. However,…
“WHEN MUST AN UNSUCCESSFUL LITIGANT ACCEPT “NO” FOR AN ANSWER?”: COURT OF APPEAL DECISION
In Wingfield, R (on the application of) v Canterbury City Council & Anor [2020] EWCA Civ 1588 the Court of Appeal considered the provisions of CPR 52.30 which provide an extremely limited chance of persuading a court to reconsider a…
HOW TO LOSE A CASE: SILKY GUIDANCE: IGNORE THE FACTS (THAT ALWAYS HELPS)
Today I am encouraging you to read one of the most authoritative and witty articles I have read about being involved in the civil litigation process. How to Lose a Case is a post by Edmund King QC on the…
RELIEF FROM SANCTIONS GRANTED WHEN NOTICE TO RELY ON HEARSAY EVIDENCE NOT SERVED AHEAD OF TRIAL
In ST (A Minor) & Anor v L Primary School (Rev 2) [2020] EWHC 1046 (QB) Deputy Master Hill QC granted relief from sanctions where the claimant failed to serve a notice of intention to rely on hearsay evidence prior…
CORONAVIRUS LAW: FURTHER STATUTORY STAY ON EVICTIONS AND TAKING CONTROL OF GOODS
The Public Health (Coronavirus) (Protection from Eviction and Taking Control of Goods) (England) Regulations 2020 come into force tomorrow. They prevent residential evictions (for the most part) until the 11th January 2021. THE REGULATIONS Citation, Commencement and Application 1.—(1) These Regulations…
CIVIL PROCEDURE: BLOG AND ARTICLES ROUND UP OCTOBER 2020
This round up covers specific posts and articles in relation to civil procedure . There is a monthly round up of a wide range of legal issues and coronavirus on the Kings Chambers blog, Coronavirus: Guidance for Lawyers and Business….
CORONAVIRUS AND CIVIL PROCEDURE: THE PRACTICE DIRECTION ENDS TOMORROW: REVIEW OF THE CASES
Practice Direction 51ZA which allows parties to extend time limits for up to 56 days comes to an end on the 30th October 2020. Unless there is a further rule change then parties can only agree extensions of 28 days. …
COURT SET ASIDE A JUDGMENT OBTAINED 10 YEARS LATER: COURT FINDS THAT DOCUMENTS WERE FORGED BY DEFENDANTS: ANOTHER ROUND IN A BARE KNUCKLE FIGHT
In March last year I wrote about the Supreme Court’s decision in Takhar v Gracefield Developments Ltd & Ors [2019] UKSC 13. In that case the Supreme Court held that a claimant could bring an action to set aside an earlier judgment which,…
10 TIPS ON WHAT TO DO WHEN THINGS GO WRONG: “FESS UP”, “SEEK HELP”, “THEY SKY WON’T FALL IN”
Here I have selected 10 pieces of advice from Twitter on what to do when things go wrong. These are not the “top 10” tips because, frankly, every one of the pieces of advice given in the original post are…
A FURTHER TEN PIECES OF ADVICE FOR THE YOUNG, AND NOT SO YOUNG, LAWYER: AVOIDING THAT “SPECIAL RING IN HELL”
Continuing with the review of those series on this site which collate the guidance that judges have given to lawyers. In series three we looked at everything from going to hell; brevity (the absence of which leads you rapidly towards…
WHAT THEY DIDN’T TEACH YOU AT LAW SCHOOL: 10 KEY POSTS FOR THOSE JUST STARTING OFF (AND THE REST OF US TO BE HONEST)
The transition from learning to practice is not an easy one. It is even more difficult for litigators starting their careers now – with training contracts and pupillage being delayed because of COVID problems. Even if training has started much…
ODE TO A DYING CORPORATION: “THE SMELL OF CORDITE, GUN POWDER AND NAPALM NO LONGER FILLS THE AIR”
The heading of the judgment of Master Sanderson in Bell Group (UK) Holdings Limited (In Liquidation) [2020] WASC 347 includes “Corporations law – Ode to a dying corporation – Turns on own facts”. This led me to want to investigate…
CIVIL PROCEDURE: BLOG AND ARTICLES ROUND UP – SEPTEMBER 2020
This round up also covers specific posts and articles in relation to coronavirus. There will no longer be a specific round up covering coronavirus and and civil procedure. There is, however, a monthly round up of a wide range of…
ONLINE COURTS DURING THE PANDEMIC: RESEARCH AND QUESTIONS: LESSONS FROM TEXAS
The problems of keeping the courts going during a pandemic are universal and worldwide. Countries throughout the globe are getting to grips with the problems caused by remote hearings. Professor Elizabeth Thornburg from the Southern Methodist University has written a…
CIVIL LITIGATION BRIEF 25 YEARS AGO: A QUARTER OF A CENTURY OF CIVIL PROCEDURE
Nobody knew what a “blog” was 25 years ago. However at that time Civil Litigation Brief did exist, it was a monthly column in the Solicitors Journal. It is interesting to see how much (or how little) matters have moved…
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…