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…
COSTS BUDGETING: PRECEDENT T: EXCEL VERSION
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 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
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
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 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…
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
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
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…)
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…
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
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
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…
NEW RULES ON ENTERING A DEFAULT JUDGMENT WHERE ACKNOWLEDGMENT OF SERVICE OR DEFENCE IS FILED LATE
We have looked several times at the cases (sometimes conflicting cases) about whether a defence can be filed late. In some cases it has been held that a claimant faced with a late defence can enter default judgment even when…
ELECTRONIC WORKING IN THE SENIOR COURTS COSTS OFFICE: USEFUL LINKS
The Electronic Working Pilot Scheme in the Senior Courts Costs Office comes into force on the 7th October. There are some useful links on the working of the sceme. USEFUL LINKS A summary on the Courts and Tribunal Judiciary website …
RULE CHANGES (109): ELECTRONIC FILING, INCURRED COSTS AND THE CCMC, SMALL CLAIM HEARINGS IN PRIVATE
We are now on the 109th update to the Civil Procedure Rules. The three points I want to look at in particular are: mandatory electronic filing in the QBD; the costs of the CCMC being clearly categorised as incurred costs;…
FATAL ACCIDENTS: PROPOSED AMENDMENTS TO BEREAVEMENT PAYMENTS : ADVANCE NOTICE FOR LECTURES LATER IN THE YEAR (AND A NEW EDITION OF A BOOK…)
The government is, at long last, putting forward a draft remedial order to amend Section 1A of the Fatal Accidents Act 1976. This would allow cohabitees, who have been living together for more than two years, to recover the statutory…
FIXED COSTS WHEN A PERSONAL INJURY ACTION SETTLES FOR MORE THAN £25,000: “NEW RULES” TO BE APPLIED AND FIXED COSTS APPLY
I am grateful to Matthew Hoe from Taylor Rose TTKW for sending me a copy of the judgment of HHJ Sephton QC in Lovatt -v- Lew Diecastings Ltd (County Court in Manchester, 4th December 2018). Lovatt v LEW Diecastings Ltd…
THE RULES THEY ARE A CHANGING: NEW RULES ON BUNDLES FROM THE 6th APRIL 2019
New rules are coming into force on the 6th April. The CPR update can be found here. The most important from the point of view of anyone preparing for a hearing or trial on or after the 6th April is…
NEW DISCLOSURE SCHEME IN THE BUSINESS AND PROPERTIES COURTS: USEFUL LINKS AND GUIDANCE
The Disclosure Pilot Scheme for the Business and Properties Courts commences on the 1st January 2019. Here are some links to guides, written by practitioners, to the practical impact of the Pilot Scheme. THE RULES AND PRACTICE DIRECTIONS The Draft…