‘An unsuccessful defendant in a road traffic claim for financial losses who made an unsuccessful counterclaim for personal injury (PI) was entitled to the protection of qualified one-way costs shifting (QOCS) for the whole case, a circuit judge has ruled.’
Litigation Futures, 18th September 2018
Source: www.litigationfutures.com
‘The recent decision of the High Court in Vattenfall AB v Prysmian SpA [2018] EWHC 1694 (Ch) is another example of claimants being allowed to use non-addressee English subsidiaries as anchor defendants for their competition damages claims. It is also another example of the court considering but not actually having to decide the interesting legal points around attribution of liability which potentially arise in such cases.’
Competition Bulletin from Blackstone Chambers, 7th September 2018
Source: competitionbulletin.com
‘The High Court has held in Commissioner of Police of the Metropolis v Brown [2018] EWHC 2046 (Admin) 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”).’
UK Police Law Blog, 28th August 2018
Source: ukpolicelawblog.com
‘Ms Kassam was the assured shorthold tenant of the Gills. It appears that rent arrears accrued. After serving a section 21 notice which turned out to be defective, the Gills sought the services of a set up called “Remove a Tenant” (RaT), a trading name of Fentham Group Limited. RaT served a section 8 notice seeking possession on grounds 8, 10 and 11, as ‘agents’ for the Gills.’
Nearly Legal, 26th August 2018
Source: nearlylegal.co.uk
‘Litigation solicitors are not under a duty to alert their opponents to errors which they have not caused, the High Court has ruled.’
Litigation Futures, 23rd August 2018
Source: www.litigationfutures.com
‘Access to trial documents by those that are not parties to a particular case is limited to ‘records of the court’, and does not include the likes of trial bundles nor, in general, other trial documents, the Court of Appeal has confirmed.’
OUT-LAW.com, 13th August 2018
Source: www.out-law.com
‘Plans to overhaul document disclosure in the courts in England and Wales have been approved by the Civil Procedure Rule Committee (CPRC).’
OUT-LAW.com, 8th August 2018
Source: www.out-law.com
‘The Court of Appeal has strongly criticised a Queen’s Bench Master who allowed six boxes of court documents to be removed from the High Court by a non-party without notifying the defendant.’
Litigation Futures, 9th August 2018
Source: www.litigationfutures.com
‘This was a noise induced hearing loss claim where the claimant had issued against 6 Defendants. On 12 December 2016, the claimant compromised its claim against D4 – D6. That compromise was in the form of a Tomlin order. It ordered that all further proceedings in respect of the claims against D4- D6 were stayed, except for the purposes of carrying out the agreed terms of settlement, which were set out in a separate schedule.’
Park Square Barristers, 24th July 2018
Source: www.parksquarebarristers.co.uk
‘The Civil Procedure Rule Committee has given its final approval to the two-year disclosure pilot scheme for cases in the Business & Property Courts.’
Litigation Futures, 1st August 2018
Source: www.litigationfutures.com
‘Family analysis: Sarah Keily, partner at Thomson Snell & Passmore in Tunbridge Wells, discusses the decision in CH v CT [2018] EWHC 1310 (Fam), [2018] All ER (D) 03 (Jul), which illustrates the need to strictly comply with the relevant procedural requirements when seeking a committal order following a breach of a child arrangements order.’
Family Law, 19th July 2018
Source: www.familylaw.co.uk
‘The UK government is seeking to clarify the rules governing when litigation should be heard in private, in a bid to safeguard the principles of open justice.’
OUT-LAW.com, 16th July 2018
Source: www.out-law.com
‘A new rule giving judges the power to order lawyers to share notes of hearings with litigants in person is being proposed by the Ministry of Justice (MoJ). Another new rule would put the parties under an explicit obligation to disclose to the other side communications with the court.’
Litigation Futures, 17th July 2018
Source: www.litigationfutures.com
‘There was good and bad news from Parliament yesterday for opponents of the Civil Liability Bill as its consideration by MPs was delayed but chances of it being amended receded.’
Legal Futures, 6th July 2018
Source: www.legalfutures.co.uk
‘Michael Horton, barrister at Coram Chambers explains the jurisdiction of the family court in relation to enforcement proceedings and highlights considerations which impact on the drafting of recitals to consent orders.’
Family Law Week, 4th July 2018
Source: www.familylawweek.co.uk
‘The Court of Appeal has handed down what one of the lawyers involved has described as a “watershed” ruling on the conduct of detailed assessment proceedings, which saw a successful claimant lose half of her profit costs for claiming a higher hourly rate than she was entitled to.’
Litigation Futures, 22nd June 2018
Source: www.litigationfutures.com
‘A recent trial in the County Court in Central London has confirmed that any document in the trial bundle is in evidence, irrespective of whether it is adduced to a witness statement.’
Hardwicke Chambers, 10th May 2018
Source: www.hardwicke.co.uk
‘Legislation to allow judges to delegate tasks to court staff was announced by the Ministry of Justice (MoJ) yesterday as it emerged that the Civil Procedure Rule Committee (CPRC) has already begun looking at the issue.’
Litigation Futures,24th May 2018
Source: www.litigationfutures.com
‘The Court of Appeal has refused to re-open a permission to appeal decision in a planning case following an oral hearing, after originally refusing permission to appeal in response to a paper application.’
OUT-LAW.com, 2nd May 2018
Source: www.out-law.com
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