‘Last year, I wrote a post on this blog discussing a High Court judgment which held that qualified one-way costs shifting (‘QOCS’) protection does not apply automatically in proceedings where a claimant is advancing both a claim for damages for personal injury and a claim other than a claim for damages for personal injury (a “mixed claim”). The claimant’s appeal in in Brown v Commissioner of Police of the Metropolis [2019] EWCA Civ 1724 has now been unanimously dismissed by the Court of Appeal.’
UK Police Law Blog, 22nd October 2019
Source: ukpolicelawblog.com
‘The Woolf reforms were “inadequately revolutionary” and have left behind a civil litigation system which is “too expensive, too time-consuming and inadequately accessible”, the Chancellor of the High Court has said.’
Litigation Futures, 22nd October 2019
Source: www.litigationfutures.com
‘The High Court has confirmed that law firms can apply for interim payments on account of costs in medical negligence cases where it may be many years until they conclude, and set out how they should approach them.’
Litigation Futures, 22nd October 2019
Source: www.litigationfutures.com
‘The Chancellor of the High Court, Sir Geoffrey Vos, spoke at the Law Society’s annual Civil Litigation conference on 9 October 2019 about 20 years of the Civil Procedure Rules – and whether the original reforms went too far, or not far enough.’
Courts and Tribunals Judiciary, 15th October 2019
Source: www.judiciary.uk
‘Speech by the Master of the Rolls: Law, Procedure and Language – Civil Justice and Cymru.’
Courts and Tribunals Judiciary, 16th October 2019
Source: www.judiciary.uk
‘Notting Hill Finance Ltd v Sheikh (2019) EWCA Civ 1337. The court of appeal looks at circumstances in which new points can be raised on appeal, where a possession order has been made on a summary basis under CPR Part 55, concluding that there is no test that the case is “exceptional”.’
Nearly Legal, 6th October 2019
Source: nearlylegal.co.uk
‘A change to the CPR coming into force on 1 October should provide clearer guidance on the cut-off between budgeted and incurred costs, it has been argued.’
Litigation Futures, 19th September 2019
Source: www.litigationfutures.com
‘A judge has set aside “by the narrowest of margins, and with some hesitation” a claimant’s judgment in default after the defendant’s solicitor failed to notice that particulars of claim had been served for five months.’
Litigation Futures, 12th September 2019
Source: www.litigationfutures.com
‘Rose-Marie Drury, Principal Associate, Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during August 2019.’
Family Law Week, 6th September 2019
Source: www.familylawweek.co.uk
‘Rules should be updated, judicial training improved and court rooms rejigged to cater for parties with mental health conditions and other vulnerabilities in civil proceedings.’
Law Society's Gazette, 5th September 2019
Source: www.lawgazette.co.uk
‘The High Court has set aside an order made by a recorder striking out a claim because the claimants were two hours late for a trial in Cornwall.’
Litigation Futures, 5th September 2019
Source: www.litigationfutures.com
‘Consultation paper launched – Vulnerable witnesses and parties.’
Courts and Tribunals Judiciary, 3rd September 2019
Source: www.judiciary.uk
‘Welcome to the second issue of the Quarterly Medical Law Review, brought to you by barristers at 1 Crown Office Row. This quarterly publication aims to provide summaries and comment on recent cases in medical law, including clinical negligence, regulatory, and inquests.’
1COR, 7th August 2019
Source: www.1cor.com
‘Costs budgeting is not “inevitable” in high-value injury cases and lawyers should consider whether the best approach may be to dispense with it altogether, a leading practitioner has suggested.’
Litigation Futures, 29th August 2019
Source: www.litigationfutures.com
‘Applications for time extensions to take a particular step in litigation are not applications for relief from sanctions provided they are made within the permitted period, the High Court has ruled.’
Litigation Futures, 29th August 2019
Source: www.litigationfutures.com
‘An offer to settle a case for no damages but an admission of liability was a valid part 36 offer and it was not unjust to apply the usual consequences of beating an offer when the claimant won at trial, the High Court has ruled.’
Litigation Futures, 28th August 2019
Source: www.litigationfutures.com
‘Generally speaking, we lawyers dislike procedural change. While we may well understand that a particular change is necessary and we will certainly recognise that we need to adapt to it when it comes, such changes nonetheless tend to make us feel ignorant and highly uncomfortable. We have to treat any new procedural regime as a known unknown, which presents pitfalls for the unwary, at least until we become familiar with it. And in the meantime, a culture of half-knowledge develops, an uncertain and dangerous combination of a little learning, anecdote, and false assumptions. This very often leads to negative over-simplification.’
UK Human Rights Blog, August 2019
Source: ukhumanrightsblog.com
‘The High Court has told a litigant they cannot argue against their opponent’s costs simply on the basis that the figure is higher than their own.’
Law Society's Gazette, 20th August 2019
Source: www.lawgazette.co.uk
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