practice directions – Page 7 – Current Awareness

Pre-Action Correspondence: What to do if you get a Stroppy Letter ……. or worse – NIPC Law

Posted August 7th, 2017 in civil procedure rules, documents, injunctions, insurance, intellectual property, news, practice directions, search & seizure by sally

‘On Wednesday I stressed the importance of pre-action correspondence and how the drafting of a letter before claim can make all the difference between getting what you want quickly and cheaply through focused negotiation and precipitating an expensive and possibly protracted law suit in Pre-Action Correspondence – Not Just a Box to be ticked or a Hoop to be jumped through 2 Aug 2017. Today, I shall tell you what to do if you receive a letter accusing you of infringing a patent or some other intellectual property right.’

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NIPC Law, 4th August 2017

Source: nipclaw.blogspot.co.uk

Pre-Action Correspondence – Not Just a Box to be ticked or a Hoop to be jumped through – NIPC Law

Posted August 4th, 2017 in intellectual property, news, practice directions, pre-action conduct by sally

‘Until the Civil Procedure Rules (“CPR”) came into force in 1999 solicitors specializing in intellectual property law heralded litigation with an ultimatum called a letter before action. Written in haughty if not insulting terms and accompanied by a humiliating form of undertakings, they were intended to shock the recipient into submission. They rarely achieved the desired result. As often as not they were simply ignored. Occasionally, they were answered by a defiant response. As a result, a lot of actions were launched that could easily have been settled without recourse to litigation.’

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NIPC Law, 2nd August 2017

Source: nipclaw.blogspot.co.uk

Rule committee takes ‘softly, softly’ approach to expanding approach to hot-tubbing – Litigation Futures

Posted July 14th, 2017 in civil procedure rules, expert witnesses, news, practice directions by tracey

‘The Civil Procedure Rule Committee (CPRC) agreed minor variations that judges can adopt in orders for concurrent expert evidence – known as “hot-tubbing” – but acknowledged the changes it has approved to the CPR are “not as radical” as had been recommended by the Civil Justice Council (CJC).’

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Litigation Futures, 14th July 2017

Source: www.litigationfutures.com

How does the costs budget affect the final bill? – Court of Appeal provides guidance in Harrison – Zenith PI

Posted July 7th, 2017 in appeals, budgets, civil procedure rules, costs, interpretation, judges, judgments, news, practice directions, reasons by tracey

‘Recent uncertainty as to how a costs budget impacts on the final bill in relation to both incurred and estimated costs has, to some extent, been resolved by the judgment in Harrison v University Hospitals Coventry & Warwickshire NHS Trust [2017] EWCA Civ 792.’

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Zenith PI, 6th July 2017

Source: zenithpi.wordpress.com

Is an RTA Insurer Liable for an Unidentified Defendant? – Park Square Barristers

Posted July 5th, 2017 in appeals, civil procedure rules, identification, indemnities, insurance, limitations, names, news, practice directions, road traffic by sally

‘The Court of Appeal has held in Cameron v Hussain and Liverpool Victoria [2017] EWCA Civ 366 that a Claimant can obtain a judgment against a Defendant identified only by description of him as the driver of a vehicle on a particular date. Whilst in almost every other area of law such judgment would be worthless as unenforceable, the Road Traffic Act 1988 provisions impose a contingent liability against the insurer of the vehicle to satisfy such a judgment. At first blush this seems to dismantle the careful limitations placed on the European Communities (Rights Against Insurers) Regulations 2002 to effectively enable a Claimant to pursue the insurer of a vehicle despite the fact that the driver of the same is unknown. This article, drafted by Park Square Barristers’ insurance indemnity specialists, Richard Paige and Judy Dawson, looks at the Court of Appeal judgment and the implications for the insurance industry.’

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Park Square Barristers, 19th June 2017

Source: www.parksquarebarristers.co.uk

Solicitors’ LLP not a litigant in person when acting for itself in proceedings, Court of Appeal says – Litigation Futures

Posted June 26th, 2017 in appeals, civil procedure rules, costs, law firms, litigants in person, news, practice directions, solicitors by sally

‘A law firm LLP which acted for itself in legal proceedings is not a litigant in person for the purposes of the CPR, the Court of Appeal has held.’

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Litigation Futures, 26th June 2017

Source: www.litigationfutures.com

FHDRAs: what should and shouldn’t happen – Family Law Week

Posted June 9th, 2017 in children, contact orders, dispute resolution, domestic violence, family courts, news, practice directions by sally

‘Marie Crawford, barrister of Becket Chambers, considers the orders a court might make at first hearing and dispute resolution appointment.’

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Family Law Week, 9th June 2017

Source: www.familylawweek.co.uk

Domestic Child Abduction – Legal Responses – Family Law Week

Posted April 6th, 2017 in appeals, child abduction, news, practice directions by tracey

‘Edward Devereux QC, Dr Rob George and Edward Bennett of Harcourt Chambers consider the legal options for the left behind parent where his or her child has been taken by the other parent to another part of England and Wales.’

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Family Law Week, 4th April 2017

Source: www.familylawweek.co.uk

Video Link Evidence in the Commercial Court: Potential Pitfalls – Hardwicke Chambers

Posted April 5th, 2017 in diplomats, EC law, foreign jurisdictions, international law, international relations, live link evidence, news, practice directions, treaties, trials, witnesses by sally

‘In the 21st century commercial practitioners often approach the question of whether the court will hear evidence by video link as one of practicality. Questions they will commonly ask themselves include the following: will the witness be in London during the trial timetable? Will the witness be able to find time (and obtain consent from a current employer) to fly to London? Where physically could the video evidence be given and is that a suitable location? How sure can the court be that the witness is not receiving clandestine assistance “off-camera”? How secure is the video link and what is the sound and picture quality? Indeed in preparing a case that involves a number of witnesses who live and work overseas the possibility of live video evidence may well feature in trial preparation as a necessity rather than an option.’

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Hardwicke Chambers, 27th March 2017

Source: www.hardwicke.co.uk

Reforms to cross-examination by alleged abusers in the Prisons and Courts Bill – Family Law Week

Posted March 8th, 2017 in cross-examination, domestic violence, judges, legislation, news, practice directions, trials, victims, witnesses by tracey

‘Mark Roscoe, barrister of The 36 Group, outlines the provisions which the Government proposes to insert into section 31 of the Matrimonial and Family Proceedings Act 1984.’

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Family Law Week, 7th March 2017

Source: www.familylawweek.co.uk

Costs judge issues strong proportionality warning over need to plan cases – Litigation Futures

Posted February 22nd, 2017 in case management, costs, judges, negligence, news, practice directions, proportionality, solicitors by sally

‘A costs judge has emphasised the need for solicitors to plan their litigation so as to ensure that their costs are proportionate, after slashing a £72,000 bill for a low-value clinical negligence case by two-thirds.’

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Litigation Futures, 22nd February 2017

Source: www.litigationfutures.com

Getting to grips with proportionality and additional liabilities – Litigation Futures

Posted February 22nd, 2017 in costs, news, practice directions, proportionality by sally

‘Before the Jackson reforms, the relationship between proportionality and additional liabilities was clearly defined. Section 11 of the Costs Practice Direction in force before 1 April 2013 provided:

“11.5 In deciding whether the costs claimed are reasonable and (on a standard basis assessment) proportionate, the court will consider the amount of any additional liability separately from the base costs…

“11.9 A percentage increase will not be reduced simply on the ground that, when added to base costs, which are reasonable and (where relevant) proportionate, the total appears disproportionate.”’

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Litigation Futures, 22nd February 2017

Source: www.litigationfutures.com

The Electronic Divorce Filing Pilot: An opportunity missed or a new horizon opening up? – Family Law Week

Posted February 8th, 2017 in civil procedure rules, divorce, documents, EC law, electronic filing, family courts, news, pilot schemes, practice directions by tracey

‘Stuart Clark, Associate, and David Hodson, Partner, both of The International Family Law Group LLP, describe what is known, and ask some questions, of the MoJ’s latest initiative to facilitate an online divorce system.’

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Family Law Week, 7th February 2017

Source: www.familylawweek.co.uk

Review of Practice Direction 12J FPR 2010 – Child Arrangement and Contact Orders: Domestic Violence and Harm – Courts and Tribunals Judiciary

Posted January 25th, 2017 in children, contact orders, domestic violence, family courts, judges, judiciary, practice directions, reports, victims by tracey

‘Report to the President of the Family Division by The Hon. Mr. Justice Cobb.’

Full report

Courts and Tribunals Judiciary, 20th January 2017

Source: www.judiciary.gov.uk

The Law Commission Report: Enforcement of Family Financial Orders – Enforcement or Variation? – Family Law Week

Posted January 25th, 2017 in civil procedure rules, debts, disclosure, enforcement, families, family courts, financial provision, Law Commission, news, pensions, practice directions, reports by tracey

‘Joseph Rainer, barrister, Queen Elizabeth Building, analyses the implications of the Law Commission’s report Enforcement of Family Financial Orders.’

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Family Law Week, 19th January 2017

Source: www.familylawweek.co.uk

UK judges change court rules on child contact for violent fathers – The Guardian

Posted January 23rd, 2017 in children, contact orders, domestic violence, family courts, judges, judiciary, news, practice directions, reports by sally

‘Senior judges are taking steps to end the presumption that a father must have contact with a child where there is evidence of domestic abuse that would put the child or mother at risk.’

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The Guardian, 20th January 2017

Source: www.guardian.co.uk

Practice guidance: Family Court – Duration of Ex Parte (Without Notice) Orders – Courts and Tribunals Judiciary

Posted January 19th, 2017 in courts, family courts, practice directions, press releases, time limits by tracey

‘Guidance issued by Sir James Munby, President of the Family Division on 18 January 2017.’

Full guidance

Courts and Tribunals Judiciary, 17th January 2017

Source: www.judiciary.gov.uk

Judge issues warning on late service and litigants in person – Local Government Lawyer

Posted October 14th, 2016 in case management, delay, litigants in person, news, practice directions, service by sally

‘A judge has warned against unfairness to litigants in person caused by late service of documents.’

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Local Government Lawyer, 12th October 2016

Source: www.localgovernmentlawyer.co.uk

High Court warning to lawyers over fair treatment of litigants in person – Litigation Futures

Posted October 10th, 2016 in case management, delay, litigants in person, news, practice directions, service by sally

‘The High Court has issued a warning to lawyers over dumping legal documents on litigants in person (LiPs) at the door of the court.’

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Litigation Futures, 6th October 2016

Source: www.litigationfutures.com