‘A High Court judge has strongly criticised a City partner who gave a journalist a copy of a witness statement made in support of an application for pre-action disclosure.’
Litigation Futures, 13th November 2018
Source: www.litigationfutures.com
‘A litigant in person (LiP) who disclosed a ‘without prejudice’ offer during trial had been warned not to and the judge was right to sanction him, the Court of Appeal has ruled.’
Litigation Futures, 5th November 2018
Source: www.litigationfutures.com
‘A claimant was entitled to issue his claim solely in pursuit of costs where the defendant “acted unfairly” by trying to settle pre-action but refusing to pay any costs, the High Court has ruled.’
Litigation Futures, 1st November 2018
Source: www.litigationfutures.com
‘In Grant v Dawn Meats (UK) [2018] EWCA Civ 2212, the Court of Appeal held that an order staying the matter also stayed the Claimant’s obligation to serve the claim form.
That being the case, the Claimant was not out of time for serving the claim form when he did so within the four month period following the expiry of the stay.’
Zenith PI, 22nd October 2018
Source: zenithpi.wordpress.com
‘Claimants who discontinued their case four days into a six-week trial have been ordered to pay the defendants’ costs on the indemnity basis because their conduct took it ‘out of the norm’.’
Litigation Futures, 19th October 2018
Source: www.litigationfutures.com
‘A claimant who submitted a budget that did not include figures for trial preparation or trial has won relief from a decision that limited the entire budget to court fees only – but only for those parts of the budget that were completed.’
Litigation Futures, 17th October 2018
Source: www.litigationfutures.com
‘A county court appeal arising out of a set of proceedings starting with a disrepair claim by a private sector tenant, which raises issues of service and when second proceedings are an abuse of process. Our thanks to Hardwicke Chambers for making the judgment available.’
Nearly Legal, 7th October 2018
Source: nearlylegal.co.uk
‘In Welsh v Walsall Healthcare NHS Trust [2018] EWHC 2491 QB, Mrs Justice Yip DBE considered whether it was reasonable to depart from the usual rule in r.44.2 that the winner recovers their costs in full. This is a useful example of how a Court approached the principle of costs when the overall winning party was unsuccessful on a particular issue.’
Zenith PI, 8th October 2018
Source: zenithpi.wordpress.com
‘Family procedural law is not as clear as it might be over when “a person who is not a party to the proceedings” (a non-party) can be compelled to produce documents and other information into family proceedings (eg the police, tax authorities, a doctor or accountant etc).’
Family Law, 9th October 2018
Source: www.familylaw.co.uk
‘Cartwright v Venduct Engineering Limited [2018] EWCA Civ 1654. When a claimant with the benefit of QOCS protection discontinues a claim there should be no enforceable costs order against them unless there has been fundamental dishonesty in bringing the claim. But what is the position in a case of multiple defendants where the same claimant is eventually successful in obtaining damages from another defendant to the action?’
Zenith PI, 26th September 2018
Source: zenithpi.wordpress.com
‘The claimant discontinued a claim. The defendants alleged that the claim was dishonest and asked the court to determine the issue of fundamental dishonesty so the defendants could enforce their entitlement to costs.’
Zenith PI Blog, 18th September 2018
Source: zenithpi.wordpress.com
‘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
© Inner Temple Library 2025