‘A judge was wrong to order an unsuccessful claimant to pay the costs of parties added to a pre-LASPO personal injury claim after the qualified one-way cost shifting (QOCS) rules came into force, the Court of Appeal has ruled.’
Litigation Futures, 27th February 2018
Source: www.litigationfutures.com
‘An attempt to claim litigation privilege by global mining and commodities giant Glencore, in a case where it was not the party to proceedings, has been rejected by the High Court.’
Litigation Futures, 27th February 2018
Source: www.litigationfutures.com
‘A lack of representation may mean that litigants in person (LiPs) are afforded some latitude in case management decisions and in hearings, but it will “not usually justify” applying a lower standard of compliance with rules or court orders, the Supreme Court said today.’
Litigation Futures, 21st February 2018
Source: www.litigationfutures.com
‘Mr Barton is a seasoned litigator. He first sued, and eventually settled with, lawyers who had dealt with financial relief proceedings for him. The defendants in the later Barton v Wright Hassall LLP [2018] UKSC 12 acted for him in his claim against those original lawyers after Wright Hassall (WH) had come of the court record in a dispute over fees. WH sued him for their fees and obtained a summary judgment. Mr Barton, acting in person (a litigant in person (LiP)) claimed against WH in professional negligence.’
Family Law, 22nd February 2018
Source: www.familylaw.co.uk
‘The Supreme Court today narrowly rejected a plea from a litigant in person for special dispensation in navigating civil procedure rules. Justices ruled by a majority of 3-2 in Barton v Wright Hassall that unrepresented claimant Mark Barton should have checked whether he could email a claim form and that without such permission his claim was invalid.’
Law Society's Gazette, 21st February 2018
Source: www.lawgazette.co.uk
‘The Civil Procedure Rules Committee (CPRC) has backed rule changes to ensure that courts sit in public “irrespective of the parties’ consent” unless certain strict conditions are met.’
Litigation Futures, 13th February 2018
Source: www.litigationfutures.com
‘The High Court has ruled that the entitlement to redact documents survived the coming into force of the CPR and applied equally to the right to inspect under CPR 31.14 and to the requirements of standard disclosure under CPR 31.6.’
OUT-LAW.com, 6th February 2018
Source: www.out-law.com
‘Authoritative guidance on whether clients can demand their full files from previous solicitors would help the Senior Courts Costs Office deal with the large number of applications it is facing, a costs judge has said.’
Litigation Futures, 2nd February 2018
Source: www.litigationfutures.com
‘The focus of the new Business & Property Courts (B&PC) structure on keeping cases in the regions and not transferring them to London unless necessary has seen a judge in Bristol refuse an application to move a piece of group litigation to the capital.’
Litigation Futures, 1st February 2018
Source: www.litigationfutures.com
‘Offshore law firm Appleby has won the first skirmish in its case against the BBC and The Guardian newspaper over the ‘Paradise Papers’ leak, after the High Court refused the defendants’ bid to move the case from the Chancery Division to the media and communications list.’
Litigation Futures, 29th January 2018
Source: www.litigationfutures.com
‘A radical new disclosure regime for the Business and Property Courts will have a “far-reaching effect on civil litigation”, a leading City lawyer has claimed.’
Law Society's Gazette, 18th January 2018
Source: www.lawgazette.co.uk
‘Peel Port Shareholder Finance Company Ltd v Dornoch Ltd [2017] EWHC 876 (TCC) serves as a reminder of the court’s approach to the rules on pre-action disclosure and the Third Parties (Rights against Insurers) Act 2010 (the 2010 act).’
Law Society's Gazette, 8th January 2018
Source: www.lawgazette.co.uk
‘The Sun are very very cross. Why is that? Well…. Here’s the headline:
REDKNAPP DIVORCE SECRET
Jamie and Louise Redknapp’s divorce papers to be kept secret as a judge blocks the release of documents.’
Transparency Project, 6th January 2018
Source: www.transparencyproject.org.uk
‘A circuit judge has more than doubled the amount that Queen guitarist Brian May can recover after he settled a private nuisance dispute, ruling that the costs judge at first instance had misapplied the new proportionality test.’
Litigation Futures, 8th January 2018
Source: www.litigationfutures.com
‘The Senior Courts Costs Office has refused separate attempts to obtain copies of law firms’ client files by another firm that describes itself as the country’s “leading experts in fighting unfair compensation deductions”.’
Litigation Futures, 8th January 2018
Source: www.litigationfutures.com
‘A local authority and a clinical commissioning group have failed to convince the Court of Appeal that a restitutionary claim for payment of after-care services should be struck out as an abuse of process.’
Local Government Lawyer, 18th December 2017
Source: www.localgovernmentlawyer.co.uk
‘A road traffic claim that settled pre-issue for £350,000 was subject to fixed recoverable costs (FRC) because it began in the portal, even though it was later removed because of its value, a regional costs judge has ruled.’
Litigation Futures, 14th December 2017
Source: www.litigationfutures.com
‘This article (the first of two) considers the evidence of any witness in family proceedings where that evidence diverges from the general procedural rules (as explained below) for evidence in family proceedings.’
Family Law, 8th December 2017
Source: www.familylaw.co.uk
‘The Court of Appeal have considered the issue of whether or not an ATE policy is relevant when considering an application for security for costs.’
Zenith PI Blog, 1st December 2017
Source: zenithpi.wordpress.com
‘The incoming deputy head of civil justice has warned parties not to abuse the courts’ tougher approach to rule compliance.’
Litigation Futures, 28th November 2017
Source: www.litigationfutures.com
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