‘The Civil Procedure Rule Committee (CPRC) warned the government in July about the difficulty of meeting the timetable for the new regime of fixed costs in low-value clinical negligence cases, it has emerged.’
Legal Futures, 12th October 2023
Source: www.legalfutures.co.uk
‘The Claimant was a self-confessed “non-professional” landlord in that they had a single property they let out to a tenant. They were not, for example a sizeable social landlord with years of experience and many resources.’
Park Square Barristers, 14th September 2023
Source: www.parksquarebarristers.co.uk
‘An Interim Payment (“IP”) is defined in CPR 25.1(1)(k) as a “payment by a defendant on account of any damages, debt or other sum (except costs) which the court may hold the defendant liable to pay”. In effect, it is a sum of money advanced to a claimant from the total pot of compensation they will get at the end of their Personal Injury (“PI”) claim. They are generally obtained in complex PI/clinical negligence claims involving substantial damages and sometimes an as yet uncertain prognosis.’
Pump Court Chambers, 15th September 2023
Source: www.pumpcourtchambers.com
‘The Civil Justice Council has published its final report on Pre-Action Protocols. Jim Byard summarises the main recommendations and discuss the implications for practitioners.’
Local Government Lawyer, 29th September 2023
Source: www.localgovernmentlawyer.co.uk
‘Expert witnesses have made a last-minute call to scrap the rule in the new intermediate track for civil claims that limits their reports to 20 pages.’
Legal Futures, 29th September 2023
Source: www.legalfutures.co.uk
‘The rules on expert witnesses in the courts of England and Wales are governed by Part 35 of the Civil Procedure Rules. One of the fundamental principles when it comes to expert evidence is that of independence.’
Mills & Reeve, 19th September 2023
Source: www.mills-reeve.com
‘A party to litigation can act in abuse of process in many different circumstances. Abusing the process of the court can lead to the striking out of a claim or defence, or to other less draconian sanctions. In this article, we consider when a claimant could be found to have acted in abuse of process shortly before and when issuing proceedings.’
Mills & Reeve, 19th September 2023
Source: www.mills-reeve.com
‘The Court of Appeal has settled the uncertainty around whether the ruling in Denton applies to applications to set aside a default judgment, writes Alastair Cantor.’
Local Government Lawyer, 8th September 2023
Source: www.localgovernmentlawyer.co.uk
‘Richard Dewsbery reports on an important recent change to the Civil Procedure Rules that affects the N16A application form.’
Local Government Lawyer, 1st September 2023
Source: www.localgovernmentlawyer.co.uk
‘This case has also revealed inconsistencies within and between a key practice direction and recently updated rules of court, and differences of approach between senior High Court judges. In these circumstances, it seems difficult to expect ordinary mortals to follow and understand the law, the key purpose of which is to prevent criminal penalties (including imprisonment) being imposed against someone in secret. It is particularly difficult because, as we discovered, the relevant rules and practice directions are not at all easy to find.’
Transparency Project, 1st August 2023
Source: transparencyproject.org.uk
‘Would-be challengers and defending contracting authorities need to be aware of a number of unique timing factors, and the notoriously short timeframes, for the initial stages of procurement challenges. The Altiatech judgment usefully examines some of the key risk areas, write Zachary Bourne, Lloyd Nail and Ian Tucker.’
Local Government Lawyer, 23rd June 2023
Source: www.localgovernmentlawyer.co.uk
‘Medical reporting organisations could face more scrutiny over their costs after a court ordered a full breakdown of expert fees.’
Law Society's Gazette, 25th May 2023
Source: www.lawgazette.co.uk
‘A representative claim on behalf of 1.6 million people whose medical records were drawn upon to help Google subsidiary DeepMind develop an app has been thrown out by the High Court because of the claimants’ differing circumstances. Ruling in Prismall v Google UK & Anor, Mrs Justice Heather Williams DBE found that the claim failed the ‘same interest’ requirement set out in the civil procedure rules.’
Law Society's Gazette, 22nd May 2023
Source: www.lawgazette.co.uk
‘The High Court has struck out a representative action brought on behalf of 1.6m people who claimed Google and DeepMind Technologies misused their medical records.’
Legal Futures, 22nd May 2023
Source: www.legalfutures.co.uk
‘In what is becoming something of a pattern, the Rules committee have come along to clear up the anomaly resulting from the decisions in the Appellate courts, this time in Cartwright v Venduct Engineering Ltd [2018] EWCA Civ 1654; [2018] 1 WLR 6137 and Ho v Adelekun [2021] UKSC 43; [2021] 1 WLR 5132.’
Gatehouse Chambers, 16th March 2023
Source: gatehouselaw.co.uk
‘In Excalibur & Keswick Groundworks Ltd v McDonald [2023] EWCA Civ 18, the Court of Appeal has confirmed the difficulty of removing QOCS protection from a claimant who discontinues at the last moment. This follows previous decisions in the same spirit, such as Mabb v English [2017] EWHC 3616 (QB).’
3PB, March 2023
Source: www.3pb.co.uk
‘It is a frustrating scenario which will be familiar to many defendant personal injury practitioners. A claimant moments before a trial begins, decides to file a notice to discontinue. The defendant, who has spent years building the defence at significant cost and expense, is unable to recover its legal costs because the claimant is protected under the Qualified One Way Costs Shifting (“QOCS”) regime. Is a defendant able to set aside this notice of discontinuance on the basis that the Claimant’s last-minute conduct has “obstructed the just disposal of proceedings” and thereby remove QOCS protection under CPR 44.15(c)? This issue came before the Court of Appeal in the recent case of Excalibur and Keswick Groundworks Limited v Keswick [2023] EWCA Civ 18.’
39 Essex Chambers, 29th March 2023
Source: www.39essex.com
‘It was, Mr Justice Peel concluded, “the clearest possible case” for reasonable financial provision from a deceased’s estate under section 1 (1) (a) of the Inheritance (Provision for Family and Dependants) Act 1975 (IA 1975).’
Becket Chambers, 15th March 2023
Source: becket-chambers.co.uk
‘Currently set off of a defendant’s costs against a claimant’s costs is precluded where it exceeds the monetary cap reflecting the total of any orders for damages and interest made in a claimant’s favour (Ho v Adelekun [2021] UKSC 43). Moreover, a defendant can only enforce their costs against damages and interest ordered in a claimant’s favour, i.e. not against a settlement made in the claimant’s favour (Cartwright v Venduct Engineering Ltd [2018] EWCA Civ 1654).’
3PB, March 2023
Source: www.3pb.co.uk
‘A judge has chided a litigant in person for failing to familiarise himself with the civil procedure rules and the statutes governing limitation. Effectively quashing a defamation claim brought against Pakistani newspaper publishers, a broadcaster and a journalist, Master Cook said that claimant Shah Muhammad had not consulted the Kings Bench Guide and the CPR, both available online.’
Law Society's Gazette, 3rd April 2023
Source: www.lawgazette.co.uk
© Inner Temple Library 2025