Companies House Director’s / Secretary’s Address – Service – s.1140 Companies Act 2006 – 33 Bedford Row

‘In England and Wales, there are rules on what address, a person may be served at, for the purposes of service of a court document. In ordinary civil proceedings in the county court or High Court, the rules are set out in CPR Part 6, entitled “Service of Documents”.’

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33 Bedford Row, 16th March 2025

Source: www.33bedfordrow.co.uk

Compulsory mediation in housing conditions claims – Local Government Lawyer

‘New rules on compulsory mediation could have a major impact on social landlords, writes Ibrar Hussain.’

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Local Government Lawyer, 14th March 2025

Source: www.localgovernmentlawyer.co.uk

Court orders ‘short sharp mediation’ – ‘capable of cracking even the hardest nuts’ – Doughty Street Chambers

‘In DKH and Others v City Football Group Limited [2024] EWHC 3231 (Ch), heard in November 20204, the court made an order that the parties mediate. The case involved a trade mark dispute between a fashion brand and a football club about branding on professional sports players’ kit. The Claimants sought an order for compulsory mediation before the trial. The order made by the court – and its outcome – is perhaps a significant example of the growing obligations on the court to encourage settlement confirmed by virtue of changes to the Civil Procedure Rules, effective from 1 October 2024. The arguments marshalled by the parties were likely representative of the sort of issues raised in past and future cases.’

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Doughty Street Chambers, 26th February 2025

Source: insights.doughtystreet.co.uk

The Importance of Precise and Particularised Points of Dispute – 12 KBW

Posted February 26th, 2025 in civil procedure rules, costs, news, pleadings, striking out by tracey

‘Farhana Mukith reviews the SCCO’s decision in St Francis Group 1 Ltd & Ors v Kelly & Anor [2025] EWHC 125 (SCCO) in which Costs Judge Leonard struck out a number of Points in Dispute which did not properly identify the issues in dispute.’

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12 KBW, 18th February 2025

Source: 12kbw.co.uk

Mandatory Alternative Dispute Resolution (ADR) – Becket Chambers

Posted February 21st, 2025 in appeals, chambers articles, civil procedure rules, dispute resolution, news by Lily

‘Pursuant to the Court of Appeal decision in Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416[1], the Civil Procedure Rules (“CPR”) have been amended from 1st October 2024. As a result, the courts can now order parties in civil proceedings to engage in alternative dispute resolution (“ADR”), where it does not impair the very essence of the parties’ right to a fair trial, and is proportionate to achieving the legitimate aim of settling the dispute fairly, quickly and at reasonable cost.’

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Becket Chambers, 19th February 2025

Source: becket-chambers.co.uk

In your own words – 3 Hare Court

‘Frequently, in overseas injury claims, one (or perhaps both) of the parties seeks to adduce evidence from a witness whose first language is not English. Before getting to the issue as to whether that witness will be able to give oral evidence at trial by video (a topic for another day), there will need to be a suitable written statement for that witness. The experience of a witness statement in English put before the court when it becomes quickly apparent that the witness is unable to speak or read English, is not a happy one. It is important to bear in mind the requirements of the CPR as to how the statements of witnesses in such cases should be prepared.’

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3 Hare Court, 6th February 2025

Source: www.3harecourt.com

High Court orders compulsory mediation despite defendant objections – Law Society’s Gazette

Posted February 3rd, 2025 in civil procedure rules, dispute resolution, news, sport, trade marks by tracey

‘The High Court ordered parties to mediate despite defendant arguments that there was no real chance of success, in a newly published ruling thought to be the first time the court has used its new powers under the amended Civil Procedure Rules.’

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Law Society's Gazette, 3rd February 2025

Source: www.lawgazette.co.uk

GT Steward Limited v Mr Paul Oliver Taylor – 3PB

‘GT Steward Limited v Mr Paul Oliver Taylor.’

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27th January 2025

Source: www.3pb.co.uk

Sam Guy: The Government’s Plan to Reform Infrastructure Judicial Review – UK Constitutional Law Association

Posted January 28th, 2025 in civil procedure rules, judicial review, news, planning by sally

‘On 23 January, Sir Keir Starmer announced plans to “stop blockers getting in the way” of infrastructure development, by introducing restrictions on judicial review of infrastructure projects. Notwithstanding this government’s consistent commitment to reforming the planning system, so as to galvanise infrastructure and housing delivery, and its forthcoming Planning and Infrastructure Bill, the announcement of these particular proposals may have come as something of a surprise to public lawyers. The proposals are, though, largely reflective of an Independent review into legal challenges against Nationally Significant Infrastructure Projects led by Lord Banner KC (“the Banner Review”), which was commissioned by the previous Conservative government, and they follow on from the Ministry of Justice’s call for evidence on implementing some of Lord Banner’s proposals, which ran from 28 October 2024 to 30 December 2024.’

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UK Constitutional Law Association, 28th January 2025

Source: ukconstitutionallaw.org

Ruling clarifies court expectations on challenges raised to bill of costs – OUT-LAW.com

Posted January 27th, 2025 in civil procedure rules, costs, indemnities, news by tracey

‘Businesses commencing court proceedings in England and Wales have obtained fresh guidance on what they need to do when seeking to challenge costs claims put forward by opponents they are in litigation against, experts have said.’

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OUT-LAW.com, 24th January 2025

Source: www.pinsentmasons.com

Access injunctions: not as straightforward as they may seem… – Local Government Lawyer

‘Jane Talbot discusses how some of the issues faced by social landlords when it comes to obtaining access injunctions can be overcome.’

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Local Government Lawyer, 24th January 2025

Source: www.localgovernmentlawyer.co.uk

Judge castigates expert who was “prepared to mislead the court” – Legal Futures

‘The High Court has rejected the evidence of an expert witness who had “little or no regard” to the Civil Procedure Rules and was “prepared materially to mislead the court”.’

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Legal Futures, 13th December 2024

Source: www.legalfutures.co.uk

Orders for forced entry after injunction – Nearly Legal

‘This was a County Court appeal from a first instance decision by a District Judge that the Court did not have jurisdiction under Civil Procedure Rule 25.1 to make an order allowing Sovereign to force entry to their tenant’s, Ms Hall, property.’

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Nearly Legal, 8th December 2024

Source: nearlylegal.co.uk

Anonymity orders: putting the genie back in the bottle? – Quarterly Medical Law Review

Posted December 5th, 2024 in anonymity, chambers articles, civil procedure rules, hospitals, negligence, news by tracey

‘PMC -v- A Local Health Board [2024] EWHC 2969 (KB). Nicklin J provides guidance on when and how to seek orders for anonymity and/or reporting restrictions.’

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Quarterly Medical Law Review, 3rd December 2024

Source: 1corqmlr.com

Capacity and civil proceedings – Local Government Lawyer

‘Holly Tibbits examines new recommendations from a working group of the Civil Justice Council on determining capacity to litigate in civil proceedings.’

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Local Government Lawyer, 20th November 2024

Source: www.localgovernmentlawyer.co.uk

Court orders parties to engage in ADR over costs – Legal Futures

Posted October 16th, 2024 in civil procedure rules, costs, defamation, dispute resolution, media, news by sally

‘A ruling that a former Conservative MP and a national newspaper must engage in alternative dispute resolution (ADR) before their argument over costs can be heard is a landmark that could herald the start of a new era, the Association of Costs Lawyers (ACL) has said.’

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Legal Futures, 16th October 2024

Source: www.legalfutures.co.uk

High Court judge dismisses statutory challenge by town council over permission for 146-home scheme, saying he did not have power to extend time for service – Local Government Library

Posted October 7th, 2024 in civil procedure rules, housing, local government, news, planning, service, time limits by michael

‘A deputy High Court judge has dismissed a statutory review challenge brought by a town council over a planning inspector’s grant of permission for a 146-dwelling scheme, after finding that the court had no power to extend time for service of proceedings after they were served late by the claimant’s solicitors.’

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Local Government Lawyer, 4th October 2024

Source: www.localgovernmentlawyer.co.uk

New English court rules will encourage settlement of litigation – OUT-LAW.com

Posted October 2nd, 2024 in appeals, civil procedure rules, dispute resolution, news by tracey

‘New court rules in place from 1 October could lead to judges in England and Wales more frequently ordering parties to disputes to try to resolve them out of court.’

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OUT-LAW.com, 1st October 2024

Source: www.pinsentmasons.com

Tackling theft or improper use of confidential information in the civil courts – OUT-LAW.com

‘Businesses faced with the theft or unauthorised use of their confidential data have a suite of remedies available to them in the civil courts to recover that data or prevent its further use.’

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OUT-LAW.com, 19th September 2024

Source: www.pinsentmasons.com

Recent orders for possession in University protest camp claims – implications for academic institutions – Local Government Lawyer

‘Joe Walker and Fred Groves provide an update on unauthorised pro-Palestinian protest encampments on university premises where many have refused to comply with demands to vacate.’

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Local Government Lawyer, 13th September 2024

Source: www.localgovernmentlawyer.co.uk