Category: pre-action conduct

What to do about the new Practice Direction – Pre-Action Conduct – NIPC Law

Posted May 8th, 2015 in civil procedure rules, codes of practice, courts, intellectual property, news, practice directions, pre-action conduct by tracey

‘CPR 63.20 (2) requires those bringing claims in the Intellectual Property Enterprise Court (“IPEC”) including the small claims track to state whether they have complied with paragraph 7.1(1) and Annex A (paragraph 2) of the Practice Direction (Pre-Action Conduct). If they don’t the defendant has an extra 28 days in which to file his or her defence under CPR 63.22 (3). But if you actually turn to the Practice Direction – Pre-Action Conduct you will find that the old paragraph 7 and Annex A aren’t there any more.’

Full story

NIPC Law, 6th May 2015

Source: www.nipclaw.blogspot.co.uk

Costs and Applications for Pre-action Disclosure – Zenith PI Blog

Posted February 12th, 2015 in civil procedure rules, costs, disclosure, news, pre-action conduct by sally

‘It may come as a surprise to many solicitors that there is a presumption that the costs of making and complying with an application for pre-action disclosure are to be paid by the party making the application.’

Full story

Zenith PI Blog, 11th February 2015

Source: www.zenithpi.wordpress.com

Government backtracks on mesothelioma reforms but moves to end recoverability – Litigation Futures

Posted December 6th, 2013 in asbestos, bills, consultations, costs, industrial injuries, insurance, news, pre-action conduct by tracey

‘The government has responded to widespread pressure and scrapped plans to impose an insurance industry-devised mesothelioma pre-action protocol (PAP) and the fixed recoverable costs regime (FRC) that underpinned it.’

Full story

Litigtaiton Futures, 5th December 2013

Source: www.litigationfutures.com

Law Society rejects fixed recoverable costs for mesothelioma claims – Litigation Futures

Posted November 14th, 2013 in asbestos, costs, Law Society, news, personal injuries, pre-action conduct by tracey

“The Law Society has come out strongly against the introduction of fixed recoverable costs (FRCs) for mesothelioma claims and argued that while a dedicated pre-action protocol (PAP) could be a good idea, the one proposed by the Association of British Insurers and adopted by the government is not.”

Full story

Litigation Futures, 14th November 2013

Source: www.litigationfutures.com

Pre-action correspondence and costs following discontinuance: a practical view from the Bar – Littleton Chambers

Posted April 11th, 2013 in civil procedure rules, costs, news, pre-action conduct by sally

“In his monthly column, James Bickford Smith considers the Court of Appeal’s decision in Nelson’s Yard Management Company and others v Eziefula [2013] EWCA Civ 235 and how a failure to respond to pre-action correspondence can justify departure from the default rules on costs following discontinuance.”

Full story (PDF)

Littleton Chambers,

Source: www.littletonchambers.com

Next Step in the Bar Council’s Judicial Review on Legal Aid – The Bar Council

Posted February 18th, 2010 in consultations, legal aid, news, pre-action conduct by sally

“The Bar Council’s pre-action protocol letters for judicial review of two consultations which are being conducted by the Ministry of Justice and the Legal Services Commission, have been delivered today (17 February).”

Full story

The Bar Council, 17th February 2010

Source: www.barcouncil.org.uk

Bar Council launches Judicial Review of Government’s Consultations on Criminal Legal Aid – The Bar Council

Posted February 11th, 2010 in criminal justice, judicial review, legal aid, pre-action conduct, press releases by sally

“In accordance with the Pre-Action Protocol for Judicial Review Claims, solicitors acting for the Bar Council have today written to the Legal Aid Minister, Lord Bach and to the Chairman of the Legal Services Commission, Sir Bill Callaghan in order to advance proceedings for judicial review of the Government’s consultations on criminal legal aid.  ”

Full press release

The Bar Council, 10th February 2010

Source: www.barcouncil.org.uk

Bar Council Moves Toward Judicial Review of Government’s Consultations on Criminal Legal Aid – The Bar Council

Posted February 8th, 2010 in costs, fees, judicial review, legal aid, pre-action conduct, press releases by sally

“The Bar Council has taken the first step toward a judicial review (JR) of two consultations on Advocates Graduated Fees and Very High Cost Cases (VHCCs) which are being conducted by the Ministry of Justice (MoJ) and the Legal Services Commission (LSC) respectively.  The Bar Council has instructed solicitors to write to the MoJ and the LSC, in accordance with the pre-action protocol for judicial review claims.  The principal basis for the Bar Council’s claim is that the consultation exercise is inadequate and unfair.”

Full press release

The Bar Council, 5th February 2010

Source: www.barcouncil.org.uk

EDO Corpn v Ultra Electronics Ltd – WLR Daily

Posted April 2nd, 2009 in arbitration, disclosure, law reports, pre-action conduct by sally

EDO Corpn v Ultra Electronics Ltd [2009] EWHC 682 (Ch); [2009] WLR (D) 114

“The procedure for pre-action disclosure provided by s 33(2) of the Supreme Act 1981 was not available to a party where the underlying dispute he might have with the proposed defendant arose out of a contract which required any dispute to be determined by arbitration.”

WLR Daily, 1st April 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.