‘A company must disclose documents held by its subsidiaries and which it controls, the High Court has ruled, in a case handled under the disclosure pilot.’
Litigation Futures, 6th April 2020
Source: www.litigationfutures.com
‘A claimant who issued proceedings after the defendant accepted a part 36 offer for £0 – which he said had been made by mistake – has had his claim struck out for abuse of process.’
Litigation Futures, 7th April 2020
Source: www.litigationfutures.com
‘The Civil Procedure Rule Committee has issued a practice direction allowing parties to agree longer extensions of time to comply with procedural time limits due to the coronavirus.’
Litigation Futures, 2nd April 2020
Source: www.litigationfutures.com
‘Some of the amendments are in force from 31st March 2020, others from 6th April 2020. Here is a selection of some of the key points.’
Broadway House Chambers, 27th March 2020
Source: broadwayhouse.co.uk
‘On 3rd March 2020, Robert Buckland, the incumbent Lord Chancellor and Secretary of State for Justice, confirmed that electronic signatures are permissible and legally valid if used in commercial and consumer documents. This declaration followed a Law Commission report, published in September last year, that looked at the electronic execution of documents, including deeds.’
Exchange Chambers, 25th March 2020
Source: www.exchangechambers.co.uk
‘The rules regarding applications to set aside default judgment are contained within CPR 13.3 and the court may set aside judgment if:
(a) the defendant has a real prospect of successfully defending the claim; or
(b) it appears to the court that there is some other good reason why –
(i) the judgment should be set aside or varied; or
(ii) the defendant should be allowed to defend the claim.’
Becket Chambers, 25th March 2020
Source: becket-chambers.co.uk
‘The High Court yesterday adjourned an upcoming trial, saying that the guidance on the coronavirus pandemic did not allow it to take place on the papers.’
Litigation Futures, 26th March 2020
Source: www.litigationfutures.com
‘Lord Justice Hickinbottom has given guidance on making applications to the Court of Appeal for interim relief, in a housing case he declined to conclude because it had become academic.’
Local Government Lawyer, 25th March 2020
Source: www.localgovernmentlawyer.co.uk
‘A new practice direction clarifying when civil courts may derogate from the principle of open justice to conduct hearings remotely in private has been published today.’
Litigation Futures, 25th March 2020
Source: www.litigationfutures.com
‘A protocol aimed at cutting out opportunistic tactics by either claimants or defendants in personal injury (PI) cases during the Covid-19 pandemic has been unveiled by leading claimant firm Thompsons and the Association of British Insurers (ABI).’
Litigation Futures, 25th March 2020
Source: www.litigationfutures.com
‘CPR 55.11 and 55.12 are being amended to remove Demoted Tenancies and oral tenancy agreement cases from falling within the scope of Accelerated Possession Proceedings. The standard form N5B is being amended accordingly and coincides with the Tenant Fees Act 2019.’
Tanfield Chambers, 25th March 2020
Source: www.tanfieldchambers.co.uk
‘In light of the COVID-19 outbreak and the protective measures which the UK government has introduced, litigators across the country are asking one burning question: will hearings go ahead, and if so how?’
Blackstone Chambers, 18th March 2020
Source: www.blackstonechambers.com
‘Personal injury law firms and insurers look unlikely to have sight of the new rules governing the whiplash portal until May as they were not signed off at this month’s meeting of the Civil Procedure Rule Committee (CPRC), it has emerged.’
Legal Futures, 17th March 2020
Source: www.legalfutures.co.uk
‘This most recent edition of the Denton Resource includes, in a thematic at-a-glance format, over 200 post-Denton cases decided up to 31 December 2019. It will be of interest to practitioners in all fields of civil litigation dealing with applications where the three-stage Denton approach is to be applied.’
St John's Chambers, 10th February 2020
Source: www.stjohnschambers.co.uk
‘Judges could be handed wider powers to take the initiative over contempt of court in draft rules proposed by the Civil Procedure Rule Committee (CPRC).’
Litigation Futures, 11th March 2020
Source: www.litigationfutures.com
‘Three months should be enough time for personal injury law firms and defendant insurers to be ready for the whiplash reforms, the government official leading the work said yesterday.’
Legal Futures, 3rd March 2020
Source: www.legalfutures.co.uk
‘Practitioners will be familiar with cases where costs are assessed according to the principles applicable in different tracks. In such circumstances, Khan v Aviva is of practical assistance by reaffirming the court’s general discretion to award issue-based costs, despite the presence of more restrictive costs regimes. The case therefore provides a helpful route to resisting adverse costs orders.’
Hardwicke Chambers, 21st February 2020
Source: hardwicke.co.uk
‘A costs judge was entitled to find that a case that erroneously exited the portal would have done so legitimately at some stage and so the claimant was entitled to regular, rather than fixed, costs, the High Court has ruled.’
Litigation Futures, 27th February 2020
Source: www.litigationfutures.com
‘The Civil Justice Council (CJC) has set out detailed changes it believes should be made to the Civil Procedure Rules to help vulnerable parties and witnesses, including an amended overriding objective.’
Litigation Futures, 25th February 2020
Source: www.litigationfutures.com
‘A pilot of fully video hearings in the civil courts is to be extended and turned from opt-in to opt-out, the Civil Procedure Rule Committee (CPRC) has decided.’
Legal Futures, 21st February 2020
Source: www.legalfutures.co.uk
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