The Practical Lawyer


Strike out – start second proceedings?

Suppose a claim is struck out. Can the claimant simply issue a second set of proceedings (or will that be an abuse of process)?
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Litigation – funders

An article in the NLJ makes the point that there is a misconception about funders only being willing to take on multimillion-pound actions. 
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Discontinuance – indemnity costs?

Two topical cases on discontinuance of a claim:
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Witness statement – expert evidence?

Witness evidence (from a non-expert) can be excluded if it contains ‘expert’ evidence:
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Late evidence – sanctions relief?

Permission to serve a late witness statement (expert or non-expert) will be treated as an application for relief from sanctions.
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Part 36 – costs on account?

We all know that Part 36 (which deals with offers to settle and their acceptance) is a self-contained code, which is why the High Court has recently held that there is no power for the court to order a payment on account of costs after a party has accepted a Part 36 offer:
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Proportionality – broad-brush approach

When looking at the ‘proportionality’ of costs, should the judge adopt a rigid mathematical approach to each item, or should it be a broad-brush approach?
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Errors – duty to other side?

To what extent is a solicitor under a duty to draw an opponent’s attention to a mistake they have in no way contributed to?

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Denton – online resource

Denton [2014] was the important decision in which the CA set out a three-stage approach for assessing applications for relief from sanctions:
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Stay – serve claim form?

A claimant issued Part 8 proceedings for a low-value PI claim. Upon issue, the claimant applied for a stay, which was granted (as were successive stays). The claimant eventually served the claim form within four months of the expiry of the final stay.

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