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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham.
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NEW RULES COMING INTO FORCE IN APRIL 2021 4:  NON-DISCLOSURE OF AFFIDAVITS

NEW RULES COMING INTO FORCE IN APRIL 2021 4: NON-DISCLOSURE OF AFFIDAVITS

February 16, 2021 · by gexall · in Civil Procedure, Rule Changes, Witness statements

A new rule coming into force on the 6th April 2021 expressly extends the prohibition on the use of witness statements in proceedings to affidavits. THE ISSUE There is currently a lacuna in the rules.  There is a prohibition on…

RULE CHANGES COMING INTO FORCE IN APRIL 2021 (3): VULNERABLE PARTIES AND WITNESSES (AGAIN)

RULE CHANGES COMING INTO FORCE IN APRIL 2021 (3): VULNERABLE PARTIES AND WITNESSES (AGAIN)

February 11, 2021 · by gexall · in Civil evidence, Civil Procedure, Costs, Rule Changes, Webinar

I am returning to the changes being introduced in relation to vulnerable parties and witnesses because the new rules are now available here . The new Practice Direction was looked at in detail in an earlier post.    CHANGES TO…

RULE CHANGES COMING INTO FORCE IN APRIL 2021 (2): PART 36 OFFERS AND THE ACCRUAL OF INTEREST AFTER THE RELEVANT DATE FOR ACCEPTANCE

RULE CHANGES COMING INTO FORCE IN APRIL 2021 (2): PART 36 OFFERS AND THE ACCRUAL OF INTEREST AFTER THE RELEVANT DATE FOR ACCEPTANCE

February 5, 2021 · by gexall · in Costs, Part 36, Rule Changes

The Civil Procedure (Amendment) Rules 2021 introduce a new CPR 36.5 (5)introduce a new rule as to offers and interest after the expiry of an offer. It enables the party making the offer to include provision for interest to accrue after…

RULE CHANGES COMING INTO FORCE IN APRIL 2021(1): VULNERABLE WITNESSES AND THE OVERRIDING OBJECTIVE

February 2, 2021 · by gexall · in Amendment, Civil evidence, Rule Changes, Witness statements

There are some rule changes coming into force in April this year, introduced by the Civil Procedure (Amendment) Rules 2021, these come into force on the 6th April 2021. AMENDMENT TO THE OVERRIDING OBJECTIVE The new rules are referred to,…

AMENDMENTS TO PD 55 C: STAY EXTENDED TO 30th JULY 2021

AMENDMENTS TO PD 55 C: STAY EXTENDED TO 30th JULY 2021

January 29, 2021 · by gexall · in Civil Procedure, Coronavirus

The online version of PD 55C shows an extension of the time period for suspension of possession proceedings to 30th July 2021.   THE AMENDED PRACTICE DIRECTION Is available here.  THE RULE 1.1 of the PD now reads ” This…

PD51ZA WAS NOT EXTENDED: NEW PROVISIONS PLANNED TO ALLOW RULES TO BE CHANGED DURING PUBLIC EMERGENCY

PD51ZA WAS NOT EXTENDED: NEW PROVISIONS PLANNED TO ALLOW RULES TO BE CHANGED DURING PUBLIC EMERGENCY

January 7, 2021 · by gexall · in Civil Procedure, Coronavirus, Extensions of time, Rule Changes

There have been several enquiries recently as to whether PD51ZA, which allowed the parties to agree lengthier extensions of time, was extended. The simple answer is that it was not. The rule expired on 30th October 2020.   MINUTES OF…

WITNESS STATEMENTS: IMMINENT NEW RULES IN THE BUSINESS AND PROPERTY COURTS

January 5, 2021 · by gexall · in Rule Changes, Witness statements

Last year we looked at the report of the Witness Evidence Working Group for the Business and Property Courts. This set out why changes were needed to the drafting of witness statements in those courts.   Some of the proposals in…

EXTENSION OF STAY OF POSSESSION PROCEEDING TO THE 20th SEPTEMBER 2020

EXTENSION OF STAY OF POSSESSION PROCEEDING TO THE 20th SEPTEMBER 2020

August 21, 2020 · by gexall · in Civil Procedure, Coronavirus, Rule Changes

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…

COSTS BUDGETING: PRECEDENT T: EXCEL VERSION

COSTS BUDGETING: PRECEDENT T: EXCEL VERSION

August 17, 2020 · by gexall · in Costs, Costs budgeting

I am grateful to Sean Linley for sending me an excel version of the new Precedent T. It gives me another chance to remind people of the new rules that come into force and and post photos of cars that…

THE NEW COSTS MANAGEMENT PRACTICE DIRECTION: COMING INTO FORCE 1st OCTOBER 2020: READ IT HERE

THE NEW COSTS MANAGEMENT PRACTICE DIRECTION: COMING INTO FORCE 1st OCTOBER 2020: READ IT HERE

August 13, 2020 · by gexall · in Costs, Costs budgeting, Rule Changes

The new Costs Management Practice Direction comes into force on the 1st October 2020.   It is set out in full below.   SOME POINTS OF INTEREST The specific exclusion of cases where the claimant has a limited life expectancy (which…

CHANGES COMING INTO FORCE IN OCTOBER 2: NEW RULES AS TO COSTS BUDGETS

July 30, 2020 · by gexall · in Costs, Costs budgeting, Rule Changes

The 122nd update Practice Direction Amendments come into force on the 1st October 2020.   Some of the changes relate to costs budgeting.  We will look at these in more detail nearer the time they come into force.  So that people…

CHANGES COMING INTO FORCE IN OCTOBER 1: CHANGES TO THE STATEMENTS GIVEN BY EXPERTS

CHANGES COMING INTO FORCE IN OCTOBER 1: CHANGES TO THE STATEMENTS GIVEN BY EXPERTS

July 29, 2020 · by gexall · in Civil evidence, Civil Procedure, Expert evidence, Experts, Rule Changes

The 122nd update Practice Direction Amendments come into force on the 1st October 2020. We have already looked at the changes to the rules relating to proceedings for contempt.  Here we look at the change relating to the declaration that…

THE NEW RULES: LINKS TO ALL THE POSTS: MITIGATION, THE STATEMENT OF TRUTH AND WITNESS STATEMENTS IN A FOREIGN LANGUAGE

THE NEW RULES: LINKS TO ALL THE POSTS: MITIGATION, THE STATEMENT OF TRUTH AND WITNESS STATEMENTS IN A FOREIGN LANGUAGE

April 7, 2020 · by gexall · in Civil Procedure, Rule Changes, Witness statements

The rules that came into force yesterday seemed to take some people by surprise.  I did write about them back in February, but a few things have happened since then.  Here are links to the  previous posts on the new…

GOOD MORNING FOLKS: REMEMBER (TO ADD TO ALL YOUR OTHER TROUBLES) THE RULES CHANGE TODAY...

GOOD MORNING FOLKS: REMEMBER (TO ADD TO ALL YOUR OTHER TROUBLES) THE RULES CHANGE TODAY…

April 6, 2020 · by gexall · in Civil Procedure, Rule Changes, Statements of Truth, Witness statements

To add to all the practical difficulties facing litigators the 113th update to Practice Direction Amendments comes into force today. Here are some of the key points. THE AMENDMENT TO THE STATEMENT OF TRUTH This the major change that will…

NEW MANDATORY REQUIREMENTS FOR WITNESS STATEMENTS IN APRIL: STATE THE PROCESS BY WHICH THE STATEMENT WAS OBTAINED

NEW MANDATORY REQUIREMENTS FOR WITNESS STATEMENTS IN APRIL: STATE THE PROCESS BY WHICH THE STATEMENT WAS OBTAINED

February 21, 2020 · by gexall · in Civil evidence, Civil Procedure, Rule Changes, Witness statements

It is worth isolating one aspect of the changes to the rules relating to witness statements coming into force in April as a result of  The 113th update to Practice Direction Amendments.   That is the mandatory obligation in every witness statement…

WITNESS STATEMENTS IN FOREIGN LANGUAGES: CHANGES COMING INTO FORCE IN APRIL

WITNESS STATEMENTS IN FOREIGN LANGUAGES: CHANGES COMING INTO FORCE IN APRIL

February 21, 2020 · by gexall · in Appeals, Civil evidence, Civil Procedure, Rule Changes, Statements of Case, Statements of Truth

The 113th update to Practice Direction Amendments  introduces important changes to to witness statements in foreign languages  (Coming into force from the 6th April 2020).   CHANGES TO PRACTICE DIRECTION 22 – STATEMENTS OF TRUTH There are amendments and addition…

THE IMPORTANCE OF THE STATEMENT OF TRUTH (1): WHY IT NEEDED "BEEFING UP" (THE RULES COMMITTEE COULD HAVE DONE THIS FIVE YEARS AGO...)

THE IMPORTANCE OF THE STATEMENT OF TRUTH (1): WHY IT NEEDED “BEEFING UP” (THE RULES COMMITTEE COULD HAVE DONE THIS FIVE YEARS AGO…)

February 15, 2020 · by gexall · in Civil evidence, Civil Procedure, Rule Changes, Statements of Case, Statements of Truth

Yesterday was, by a long way, the busiest day on this blog ever.  The reason for this being that everyone is anxious to know the new wording for the statement truth.  There is a need for a short series on…

MORE RULE CHANGES IN APRIL: CHANGES TO THE STATEMENT OF TRUTH: YOU HAVE BEEN WARNED...

MORE RULE CHANGES IN APRIL: CHANGES TO THE STATEMENT OF TRUTH: YOU HAVE BEEN WARNED…

February 14, 2020 · by gexall · in Civil evidence, Civil Procedure, Rule Changes, Statements of Truth, Witness statements

We are returning to the 113th update to Practice Direction Amendments.  This introduces important changes to to the wording of the statement of truth.  (Coming into force from the 6th April 2020). THE AMENDMENT The amendment makes changes to the…

NEW RULE CHANGES:  THE RULES WILL NOW GET IT RIGHT ON PLEADING MITIGATION OF LOSS: A SMALL CHANGE THAT TOOK FAR TOO LONG

NEW RULE CHANGES: THE RULES WILL NOW GET IT RIGHT ON PLEADING MITIGATION OF LOSS: A SMALL CHANGE THAT TOOK FAR TOO LONG

February 13, 2020 · by gexall · in Damages, Rule Changes, Statements of Case

The 113th update to Practice Direction Amendments makes a small but  important change to the rules relating to mitigation of loss.  In short it puts the position right and stops the Practice Direction being the shambles it was before.  This…

NEW RULES COMING INTO FORCE: PLEADING SPECIFIC ISSUES IN RELATION TO THE HIRE OF A REPLACEMENT VEHICLE

NEW RULES COMING INTO FORCE: PLEADING SPECIFIC ISSUES IN RELATION TO THE HIRE OF A REPLACEMENT VEHICLE

February 13, 2020 · by gexall · in Civil Procedure, Damages, Rule Changes, Statements of Case

The 113th update to Practice Direction Amendments comes into force on the 6th April 2020. It introduces new, and quite specific, obligations on a claimant claiming the cost of a replacement hire vehicle. THE NEW RULE There is a new Paragraph…

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