‘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
‘Comments around the launch of the Business and Property Courts (BPC) underline the judicial service’s commitment to high-quality commercial litigation regardless of where a case is filed in England and Wales, an expert has said.’
OUT-LAW.com, 23rd November 2017
Source: www.out-law.com
‘An action was brought by a Claimant child for serious injuries she sustained in a road traffic accident. She recovered 90% of her claim in a liability trial however it was agreed between the parties that a preliminary issue should be tried as to whether her severe developmental abnormalities had been caused by the accident.’
Park Square Barristers, 22nd November 2017
Source: www.parksquarebarristers.co.uk
‘On 30th October 2017, the Court of Appeal finally settled whether fundamental dishonesty needs to pleaded before a Defendant can rely on CPR 44.16(1) to set aside QUOCS.’
Park Square Barristers, 3rd November 2017
Source: www.parksquarebarristers.co.uk
‘There is no immediate need for the Civil Procedure Rule Committee (CPRC) to introduce a new privacy rule for certain costs issues in environmental cases as it could conflict with its open justice review, it has decided.’
Litigation Futures, 22nd November 2017
Source: www.litigationfutures.com
‘In a commendable judgment dated 24 October 2016 in Premier Motorauctions v Pricewaterhouse Coopers, Snowden J injected a much needed dose of realism into an issue which had, for too long, suffered from a regrettable degree of uncertainty, namely security for costs applications against parties with after the event (ATE) insurance cover. Cases this year suggest that this is now a go-to authority for applications of this sort.’
Hardwicke Chambers, 16th November 2017
Source: www.hardwicke.co.uk
‘There is to be a new part of the Civil Procedure Rules to deal with the launch of the Business and Property Courts (BPCs) to emphasise that no case is too big to be tried outside London, it has been decided.’
Litigation Futures, 20th November 2017
Source: www.litigationfutures.com
‘Joseph James Penn Revill (a protected party proceedings by his litigation friend, Kirsty Marie Jarram) v Philip Damiani [2017] EWHC 2630 (QB). The claimant, who lacked the capacity to litigate and was acting by his litigation friend, sought damages for injuries sustained in a road traffic accident. His claim included a claim for future losses.’
Zenith PI Blog, 13th November 2017
Source: zenithpi.wordpress.com
‘The Court of Appeal has asked a costs judge to look again at the application of proportionality after ruling the new test was incorrectly applied. In the long-awaited appeal in BNM v MGN, master of the rolls Sir Terence Etherton held that senior costs judge Gordon-Saker had been wrong in principle to subject recoverable base cost and additional liabilities to the new proportionality rule.’
Law Society's Gazette, 7th November 2017
Source: www.lawgazette.co.uk
‘A default position that all court hearings should be conducted in public, and parties and witnesses named, is under consideration by the Civil Procedure Rule Committee (CPRC) as part of a push to emphasise the importance of open justice, it has emerged.’
Litigation Futures, 7th November 2017
Source: www.litigationfutures.com
‘The “strong public interest” in pursuing claims for fraud, bribery and corruption may justify allowing the use of documents obtained in one set of legal proceedings in a different set of proceedings, the High Court has ruled.’
OUT-LAW.com, 3rd November 2017
Source: www.out-law.com
‘A “wholesale cultural change” in the approach to disclosure in the Business and Property Courts is needed, a judiciary-led working group has said, which will be brought about by a completely new rule and guidelines applying to the majority of cases.’
Litigation Futures, 2nd November 2017
Source: www.litigationfutures.com
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