‘Lawyers and litigants awoke this morning to the wholesale move of procedure rules to a government website described by one as “unusable”.’
Law Society's Gazette, 17th February 2021
Source: www.lawgazette.co.uk
‘Royal Dutch Shell Plc (‘RDS’) is the parent company of the Shell group of companies, incorporated in the UK. The Shell Petroleum Company of Nigeria Limited (‘SPDC’, the other Respondent) is an exploration and production company incorporated in Nigeria and is a subsidiary of RDS.’
UKSC Blog, 12th February 2021
Source: ukscblog.com
‘The High Court has sounded a new warning about “Micawber tactics” in a summary judgment in the high-profile action brought by the Duchess of Sussex (Meghan Markle) against the Mail newspaper. Lord Justice Warby, sitting as a judge in the Chancery Division, found that the duchess had a reasonable expectation of privacy when she wrote a personal letter to her father, even though she feared it might be leaked to the press.’
Law Society's Gazette, 12th February 2021
Source: www.lawgazette.co.uk
‘The fee to bring an unlimited additional claim should be £10,000, rather than the £55 the court office had advised one of the parties in bitter litigation involving two law firms, a judge has ruled.’
Litigation Futures, 10th February 2021
Source: www.litigationfutures.com
‘Legislation to give litigators certainty about the issue of Part 36 offers and interest is to be introduced this spring, the government has announced. The rule change, effective from 6 April, is one of a raft of amendments to the civil procedure rules published yesterday as statutory instruments.’
Law Society's Gazette, 2nd February 2021
Source: www.lawgazette.co.uk
‘Taking account of the vulnerability of parties and witnesses is to be added to the overriding objective as well as the factors used to determine the proportionality of costs.’
Litigation Futures, February 2021
Source: www.litigationfutures.com
‘The caps set out in the Civil Procedure Rules on the costs payable by losing parties in Aarhus Convention claims are inclusive of VAT, the Court of Appeal has ruled as part of the third Heathrow runway litigation.’
Local Government Lawyer, 13th January 2021
Source: www.localgovernmentlawyer.co.uk
‘Whilst Standard Disclosure (under CPR 31) remains in force, the Disclosure Pilot has provided a more flexible menu of disclosure options for the majority of cases in the Business and Property Courts. There is a degree of overlap between CPR 31 and the Pilot Scheme, but there are some significant divergences. One of those is paragraph 18 of the Pilot Scheme, which allows variations of pre-existing orders for Extended Disclosure. The scope of the court’s jurisdiction under paragraph 18 of the Disclosure Pilot was central to this appeal.’
Hardwicke Chambers, 8th January 2021
Source: hardwicke.co.uk
‘The Covid-19 pandemic has dominated the legal landscape throughout 2020 with many changes being made to the way professionals work as well as the rules they are subject to. There have been many amendments and additions made to the Civil Procedure Rules as a result of the pandemic, however they are not the only such changes that have been made.’
Becket Chambers, 3rd December 2020
Source: becket-chambers.co.uk
‘The guideline hourly rates (GHR) should be increased to take account of inflation while they are being reviewed, meaning an increase of 35%, the High Court ruled this week.’
Litigation Futures, 3rd December 2020
Source: www.litigationfutures.com
‘A planning dispute that has been the subject of nine court hearings must be brought to an end, the Court of Appeal has said.’
Local Government Lawyer, 3rd December 2020
Source: www.localgovernmentlawyer.co.uk
‘This credit hire appeal case was heard in the Court Of Appeal on 15 October 2020 with judgment being handed down on 4 November. It was heard by Lord Justice Coulson who gave the leading judgment, Lady Justice Davies and Lady Justice Rose agreeing.’
Park Square Barristers, 13th November 2020
Source: www.parksquarebarristers.co.uk
‘In Diriye v Bojaj [2020] EWCA Civ 1400, the Court of Appeal handed down an important judgment clarifying the scope of the deemed service provisions in CPR 6.26 in the context of signed for deliveries. The Court held that a “Signed For 1st Class” delivery would still be deemed served “on the second day after it was posted” in accordance with CPR 6.26, regardless of the date on which it was actually signed for and received.’
Littleton Chambers, 11th November 2020
Source: littletonchambers.com
‘The Royal Mail service ‘Signed For 1st Class’ is first-class post or equivalent for the purposes of the deemed service provisions of the CPR, the Court of Appeal has ruled.’
Litigation Futures, 23rd November 2020
Source: www.litigationfutures.com
‘This paper deals with one of life’s big questions: “why are we here?”, albeit the “here” refers to one or more of the County Court, the First Tier Tribunal and the Upper Tribunal (Lands Chamber), and sometimes two of them at the same time.’
Falcon Chambers, 2nd November 2020
Source: www.falcon-chambers.com
‘Until 31 December 2020, if the English court has jurisdiction to hear a claim under the Brussels Regulation (recast), the claimant does not need permission to serve the claim form out of the UK (CPR rule 6.33(2)).’
EU Relations Law, 17th November 2020
Source: eurelationslaw.com
‘In Fatima v Family Channel Ltd & Anor [2020] EWCA Civ 824, the Court of Appeal addressed an important point of principle engaging the right to a fair trial: the interplay between an unsuccessful application to adjourn a trial under CPR Part 3.1(2)(b) and a subsequent application under CPR Part 39.3 to set aside a judgment against a non-attending party. The decision clarifies whether the judge considering the Part 39.3 application is bound by the trial judge’s findings of fact, or is entitled to draw his own conclusions on the same evidence and material before the court.’
Hardwicke Chambers, 7th October 2020
Source: hardwicke.co.uk
‘By way of introduction to this topic it is worth recalling that by the time the Insolvency (England and Wales) Rules 2016 (“IR 2016”) came into force in April 2017 the Practice Direction on Insolvency Proceedings (“IPD”) had still not been updated to take account of the reforms introduced by IR 2016. Nor had it been updated to take account of the Electronic Working Pilot Scheme in CPR Practice Direction 51O (“EWPS”). In fact, there followed a significant period during which the IPD and IR 2016 were not compatible. The delay was at least in part caused by the reforms to the court system in England and Wales that resulted in the creation of the Business and Property Courts (“B&PC”). A new Practice Direction to govern the procedure in the B&PC came into effect in October 2017 and although subsequently supplemented by other changes, it was not until 25 April 2020 that a revised IPD, compatible with IR 2016, was finally released and even this was quickly superseded by a more definitively revised IPD on 4 July 2018. However, there were some significant anomalies with regard to the intermeshing of these various procedural rules and practice directions, not least in the area of out-of-court appointments of administrators.’
Hardwicke Chambers, 7th October 2020
Source: hardwicke.co.uk
‘Ben Williams QC, Rob Marven QC and Benjie Fowler consider the changes to cost budgeting introduced in October 2020.’
4 New Square, 7th October 2020
Source: www.4newsquare.com
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