“This is a brief note on an important Court of Appeal judgement. Mitchell v News Group Newspapers Ltd is actually a defamation case but it is an essential point of reference for anybody involved in civil litigation.”
NearlyLegal, 28th November 2013
Source: www.nearlylegal.co.uk
“An increasing number of reports are emerging of hardline decisions by district judges over non-compliance with the CPR or breach of orders and directions.”
Litigation Futures, 19th November 2013
Source: www.litigationfutures.com
“By the Civil Procedure (Amendment) Rules 2013 CPR r. 3.9 was substantially amended with effect from 1st April 2013. The ‘new’ rule reads as follows:
‘3.9 (1) On an application for relief from any sanction imposed for a failure to comply with any rule, practice direction or court order, the court will consider all the circumstances of the case, so as to enable it to deal justly with the application, including the need –
(a) for litigation to be conducted efficiently and at proportionate cost; and
(b) to enforce compliance with rules, practice directions and orders.
(2) An application for relief must be supported by evidence.'”
Full story (PDF)
Zenith Chambers, 25th October 2013
Source: www.zenithchambers.co.uk
“It is now almost 6 months since the Brave New World of Jackson. This article considers the impact of the reforms and stated ‘culture change’.”
Full story (PDF)
Zenith Chambers, 25th October 2013
Source: www.zenithchambers.co.uk
“Dominic Regan serves up a survival guide.”
New Law Journal, 29th October 2013
Source: www.newlawjournal.co.uk
“It was not mandatory for the court to make use of Council Regulation (EC) No 1206/2001 in order to obtain information or disclosure from a party to litigation from another member state, notwithstanding that compliance with an order made by the court under CPR Pt 18 or Pt 31 might expose the party to a risk of criminal prosecution in that member state.”
WLR Daily, 22nd October 2013
Source: www.iclr.co.uk
“It is now almost 6 months since the Brave New World of Jackson. This article considers the impact (if any) the reforms and stated ‘culture change’ have had, and are likely to have, upon those practising housing law.”
Zenith Chambers, 15th October 2013
Source: www.zenithchambers.co.uk
“On the 13th May 2003 whilst acting in the course of his employment with Fairclough Homes Limited (‘Fairclough’), Shaun Summers (‘Mr Summers’) fell from a truck and sustained both a fractured bone in his right hand and a fractured left heel bone. On the 28th October 2003 Fairclough admitted liability for the accident through its insurers (‘the admission’). Mr Summers went on to issue a claim for personal injury and associated losses on the 10th May 2006 but, having examined his medical records (which appeared to cast doubt on Mr Summers’ account of the accident), Fairclough applied for permission to withdraw their admission and served an Amended Defence in relation to liability. On the 28th August 2007, following a trial before HHJ Tetlow (‘the Judge’), Mr Summers obtained judgment against Fairclough with damages to be assessed.”
Sovereign Chambers, 25th September 2013
Source: www.sovereignchambers.co.uk
Binns and another v Firstplus Financial Group plc [2013] EWHC 2436 (QB); [2013] WLR (D) 361
“Where a claimant had obtained an award pursuant to alternative dispute resolution (‘ADR’) and subsequently brought a civil claim where the only potential advantage in bringing that litigation was the possibility of an additional award in respect of legal costs, the claim was to be struck out under CPR r 3.4(2).”
WLR Daily, 24th July 2013
Source: www.iclr.co.uk
“HH Simon Brown QC continues his exclusive NLJ online series on costs management post-Jackson.”
New Law Journal, 19th September 2013
Source: www.newlawjournal.co.uk
“At the District Judges’ Annual Seminar on 22 March 2013, Lord Dyson said “indulgence can no longer be given where the parties fail to comply with their procedural obligations. It has not taken long for the Court’s to demonstrate that they will get tough.”
Sovereign Chambers, 6th September 2013
Source: www.sovereignchambers.co.uk
“Mohammed Saleem Tariq & Anton van Dellen reflect on the early days of the Jackson reforms.”
New Law Journal, 6th September 2013
Source: www.newlawjournal.co.uk
“The Local Government Ombudsman has said that a local authority failed properly to assess an application for planning permission against planning policies and has ordered that compensation be paid to householders.”
OUT-LAW.com, 29th August
Source: www.out-law.com
“Parties to civil court litigation must ensure that they file and exchange costs budgets no later than seven days before the first case management conference or risk strict penalties under the new costs management regime, an expert has said.”
OUT-LAW.com, 13th August 2013
Source: www.out-law.com
“We’ve all been there. Perhaps more frequently, litigants in person have been there (although hopefully not the same LiP over and over again). A warrant for possession is due to be executed the next day. It may even be the same day. The occupier has applied to a District Judge to suspend the warrant. The District Judge has, rightly or wrongly, dismissed that application. The occupier, understandably (even more so if the DJ fell into the ‘wrongly’ category), wants to appeal that decision.”
NearlyLegal, 1st August 2013
Source: www.nearlylegal.org.uk
“Evidence in a trade mark and passing off case of the factual circumstances of a trade by a person in that trade, even when they deployed their experience in that trade to bolster their evidence, was not necessarily expert evidence within the meaning of CPR Pt 35.”
WLR Daily, 5th July 2013
Source: www.iclr.co.uk
“Without prejudice, legislative obit, mum’s the word & child support facelift.”
New Law Journal, 19th July 2013
Source: www.newlawjournal.co.uk
“Dominic Regan calls attention to the revised CPR 1.”
New Law Journal, 22nd July 2013
Source: www.newlawjournal.co.uk
“There is a curious if not bizarre set of anomalies about planning and environmental challenges. Where they involve an attack on a decision by the Secretary of State (typically in respect of a decision by a planning inspector after inquiry), the route is via section 288 of the Town & Country Planning Act 1990. There is a strict 6 week time limit, with no discretion to extend – but no need for permission to apply as in judicial review. But where there is a challenge to any other decision, the time limit (at the moment) is 3 months, with discretion to extend – but also a discretion to disallow if the application was not ‘prompt’ even within the 3 months (see my post on this last point) and the permission hurdle to clear.”
UK Human Rights Blog, 18th July 2013
Source: www.ukhumanrightsblog.com
“While MPs were dreaming of the imminent long summer break and a possible pay hike, in mid-June the Government produced the draft amendments to the Civil Procedure Rules (‘CPR’) necessary to bring Part 2 of the Justice and Security Act 2013 (‘JSA’) into force. Many – including JUSTICE – consider the Act’s introduction of closed material procedures (‘CMP’) into civil proceedings unfair, unnecessary and unjustified.”
UK Human Rights Blog, 12th July 2013
Source: www.ukhumanrightsblog.com
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