‘A recent High Court of England and Wales decision shows that the English courts are willing to interpret procedural service rules under the Civil Procedure Rules (CPR) pragmatically to facilitate justice for victims of crypto fraud, an expert has said.’
OUT-LAW.com, 9th September 2024
Source: www.pinsentmasons.com
‘One of the changes to the FPR 2010 made when the material parts of the Family Procedure (Amendment No 2) Rules 2023 came into force on 29 April 2024 was an amendment to r 28.3(7) which by the insertion of a new (aa)(ii) makes “any failure by a party, without good reason, to attend non-court dispute resolution” a basis to depart from the general starting point that there should be no order as to costs. This is repeated in para 10E of PD 3A which states “the court may take the parties conduct in relation to attending non-court dispute resolution into account when considering whether to make an order for costs in relation to the proceedings”.’
Financial Remedies Journal, 16th August 2024
Source: financialremediesjournal.com
‘A highly anticipated decision by the Civil Procedure Rule Committee (CPRC) on non-party access to court documents in England and Wales has been postponed following a large volume of responses to a consultation on its proposed plans.’
OUT-LAW.com, 31st July 2024
Source: www.pinsentmasons.com
‘The Court of Appeal has criticised a judge for her “blatantly unfair conduct”, finding that an interchange with a father demonstrated a “complete failure of proper judicial process”.’
Local Government Lawyer, 25th June 2024
Source: www.localgovernmentlawyer.co.uk
‘In Landmark Space Limited v Chilambe [2024] EWHC 987 (KB), the High Court considered the circumstances in which applicants would be given permission to pursue contempt proceedings, and commit respondents to prison, for knowingly making false statements in an affidavit.’
Henderson Chambers, 2nd May 2024
Source: www.hendersonchambers.co.uk
‘A recent Court of Appeal decision brings welcome clarity as to when a single claim may be used to name multiple claimants in England and Wales, experts have said.’
OUT-LAW.com, 5th June 2024
Source: www.pinsentmasons.com
‘Late last year, a Court of Appeal decision on alternative dispute resolution highlighted the significant role that mediation can play in successfully resolving disputes, write Sophie McCabe, Rachel Murray-Smith and Helen Arthur.’
Local Government Lawyer, 28th May 2024
Source: www.localgovernmentlawyer.co.uk
‘The provision and content of a bundle can make or break a trial. That might sound overly dramatic for something which on its face is a purely administrative task but a well-constructed and tactically considered bundle can make all the difference. A perfect bundle allows the advocate to seamlessly direct a Judge or witness to the relevant evidence. It allows documents to be compared where needed and ensures that all evidence can be read and understood by those involved in the trial or hearing.’
Pump Court Chambers, 30th April 2024
Source: www.pumpcourtchambers.com
‘The government has finally confirmed that fixed recoverable costs (FRC) for low-value clinical negligence claims that settle pre-issue will come into force in October 2024, six months later than planned.’
Legal Futures, 10th May 2024
Source: www.legalfutures.co.uk
‘Stefan Liberadzki discusses the new Intermediate Track and fixed costs.’
Local Government Lawyer, 8th May 2024
Source: www.localgovernmentlawyer.co.uk
‘Dispute Resolution analysis: The Managing Judges of the large GLO NOx emissions litigation have dismissed applications seeking the protection of documents used in open Court from use for collateral purposes and for information about the funding arrangements which the Claimants have in place in contemplation of a security for costs application.’
Gatehouse Chambers, 9th April 2024
Source: gatehouselaw.co.uk
‘Hugh Grant has put civil costs on the public radar, in his latest thread on X (formerly Twitter) (via: @HackedOffHugh), concerning the settlement of his privacy claim against The Sun. In one out of a series of posts from the thread on April 17th 2024, Grant wrote, “I don’t want to accept this money or settle. I would love to see all the allegations that they deny tested in court,” and he goes on to write in a subsequent post in the thread: “But the rules around civil litigation mean that if I proceed to trial and the court awards me damages that are even a penny less than the settlement offer, I would have to pay the legal costs of both sides.”’
Gatehouse Chambers, 23rd April 2024
Source: gatehouselaw.co.uk
‘In this article Rebecca Henshaw-Keene looks at wasted costs orders following the judgment in Rainer Hughes Solicitors v Liverpool Victoria Insurance Company Ltd & Ors (Rev1) [2024] EWHC 585 (KB).The judgment contains significant guidance on preparing for wasted costs hearings and is an important addition to the line of cases on the requirements in respect of witness statements for non-English speakers. With thanks to Andrew Roy KC for his comments on the article.’
12 King's Bench Walk Costs Litigation Blog, 19th April 2024
Source: costsandlitigationfunding.com
‘The writers have the privilege of having been counsel for the Defendants in what is believed to have been a first case of its type in terms of the ‘bifurcated’ procedure used to dispose of a large number of related causes of action in a single representative claim.’
Gatehouse Chambers, 22nd April 2024
Source: gatehouselaw.co.uk
‘Many landlord and tenant cases involve expert evidence and the majority of independent experts act impeccably. However, in a recent case involving a business lease renewal and another involving dilapidations, judges found significant cause to criticise experts for their failure to understand the scope of their duties and role. The consequences were serious for those concerned. A salutary reminder of the critical importance of compliance with CPR Pt 35 for all those instructing and instructed.’
Falcon Chambers, 15th April 2024
Source: www.falcon-chambers.com
‘An order giving permission to appeal may be made subject to condition. In the recent case of Palladian Partners LP and others v The Republic of Argentina and another [2024] EWCA Civ 139, the Court of Appeal made an order granting Argentina permission to appeal the first instance judgment conditional on Argentina paying €310m to be held in escrow pending determination of the appeal. Argentina sought reconsideration of the imposition of that condition.’
Law Society's Gazette, 19th April 2024
Source: www.lawgazette.co.uk
‘The Court of Appeal has allowed 134 claimants to start an action against a law firm with a single claim form, which their solicitor said will strengthen the trend for class actions in the UK.’
Legal Futures, 19th April 2024
Source: www.legalfutures.co.uk
‘Fixed recoverable costs for low-value clinical negligence claims are now likely to come into force in October 2024, it has emerged.’
Legal Futures, 19th April 2024
Source: www.legalfutures.co.uk
‘A recent decision of Fordham J highlights some useful practice points about settling judicial review cases, writes Charlotte Tosti.’
Local Government Lawyer, 5th April 2024
Source: www.localgovernmentlawyer.co.uk
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