‘The recent decision of the Court of Appeal in Woodward v Phoenix Healthcare Distribution Ltd [2019] EWCA Civ 985 provides an important clarification as to whether lawyers have a duty to inform the opposing party of their mistakes when conducting litigation.’
No. 5 Chambers, 20th June 2019
Source: www.no5.com
‘The CPR contain a number of provisions concerning when a document is deemed to have been served. One of these, introduced by amendment in 2011, is CPR 6.14.’
Littleton Chambers, 25th June 2019
Source: www.littletonchambers.com
‘When seeking any order it always helps to make the right application, to the right court, following the right procedure. Although when it does go horribly wrong it at least provides valuable learning for the rest of us.’
UK Human Rights Blog, 1st July 2019
Source: ukhumanrightsblog.com
‘The court can decide it is unjust to award some, but not all, of the consequences of beating a part 36 offer, a High Court judge has ruled.’
Legal Futures, 25th June 2019
Source: www.litigationfutures.com
‘The High Court has ordered a party that missed the deadline to fix the date of a case management conference (CMC) by more than four years to pay security for costs as a sanction.’
Litigation Futures, 21st June 2019
Source: www.litigationfutures.com
‘Woodward & Ors v Phoenix Healthcare Distribution Ltd [2019] EWCA Civ 985 is the latest procedural skirmish in the ongoing battle between Claimants and Defendants. Following on from the Supreme Court’s judgment in Barton v Wright Hassall LLP [2018] UKSC 12, it is an important reminder – if any were needed – that Claimants must be familiar with the rules on service of claim forms, and with the other side’s procedural stance.’
Zenith PI, 17th June 2019
Source: zenithpi.wordpress.com
‘The government has no intention of making court processes exclusively online and so there is no need to give way to demands to guarantee this in primary legislation, peers were told this week.’
Legal Futures, 12th June 2019
Source: www.legalfutures.co.uk
‘The Supreme Court is not keen to entertain appeals on procedural points, its annual report has indicated. It handled 23 permissions to appeal (PTA) applications in relation to procedure in the year to 31 March 2019 – far more than any other category of law – and only granted permission in one of them.’
Litigation Futures, 11th June 2019
Source: www.litigationfutures.com
‘A battle between a widow and stepson over a large estate “cries, indeed screams out” for the kind of “robust, judge-led” processes used to settle family law disputes, a High Court judge has said.’
Litigation Futures, 31st May 2019
Source: www.litigationfutures.com
‘Whether Kerr J was wrong when he exercised his discretion to extend time for a challenge to be brought by a claim for judicial review against a planning permission granted more than five and a half years before the claim was issued was the question at the heart of the appeal in R (Thornton Hall Hotel Ltd) v Wirral MBC (2019) EWCA Civ 737. The appeal raised two main issues: first, in view of the delay of more than five and a half years, whether the Judge erred in extending time for the claim to be brought, under CPR r.3.1(2)(a); and second, having regard to the substance of the claim, whether he was wrong not to exercise his discretion to refuse relief under Section 31(6) of the Senior Courts Act 1981. The appeal was dismissed on both issues.’
Local Government Law, 2nd May
Source: local-government-law.11kbw.com
‘Amendments to CPR r.39.2; new Guidance issued by the Master of the Rolls; and a recent High Court decision refusing anonymity to a claimant prompt this review of anonymity orders in personal injury proceedings.’
UK Human Rights Blog, 30th April 2019
Source: ukhumanrightsblog.com
‘The courts have made clear they will be prepared to apply fixed costs to cases which have long since breached the £25,000 limit. Two judgments that have emerged over the past week show examples of judges considering fixed recoverable costs where the personal injury claims had exited the pre-action protocol.’
Law Society's Gazette, 24th April 2019
Source: www.lawgazette.co.uk
‘The chancellor of the High Court has made clear all existing cases must be subject to new disclosure procedures – and not as advised in the lawyers’ bible on litigation.’
Law Society's Gazette, 16th April 2019
Source: www.lawgazette.co.uk
‘The disclosure pilot applies to all Business and Property Courts proceedings, including cases where a disclosure order was made before 1 January 2019, the Chancellor of the High Court has ruled. Sir Geoffrey Vos said the newly published White Book was wrong on this point.’
Litigation Futures, 15th April 2019
Source: www.litigationfutures.com
‘A court of appeal decision on a first instance application, where the main issue was whether, given an historic possession order, the landlord could bring fresh possession proceedings.’
Nearly Legal, 24th March 2019
Source: nearlylegal.co.uk
‘The county court has granted solicitors an interim costs order in a long-running case where the level of damages was still three years from being finalised.’
Law Society's Gazette, 21st March 2019
Source: www.lawgazette.co.uk
‘Solicitors may refuse to take on medical negligence cases at an early stage if courts fail to ensure “adequate cash flow”, a circuit judge has warned.’
Litigation Futures, 19th March 2019
Source: www.litigationfutures.com
‘Rule changes are on the way addressing concerns that lawyers may be keeping litigants in the dark about important court updates.’
Law Society's Gazette, 26th February 2019
Source: www.lawgazette.co.uk
‘When does time start to run for making an application for permission to appeal? Does the answer change, depending on whether the application is made to the lower or appellate court?’
Hardwicke Chambers, 13th February 2019
Source: hardwicke.co.uk
‘Conduct issues that could have been dealt with at trial cannot be revisited during detailed assessment, the author of Friston on Costs, sitting in the Senior Courts Costs Office, has ruled.’
Litigation Futures, 31st January 2019
Source: www.litigationfutures.com
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