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Procedure

Professional negligence – adjudication

The Professional Negligence Adjudication Scheme is run by the Professional Negligence Bar Association. It offers a voluntary ADR procedure, modelled on the adjudication system in construction disputes. Key points are:

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Proportionality – reduction

An article in the Gazette gives advice on how best to counter an argument that your costs claim is disproportionate (having regard to the new ‘proportionality’ rule at CPR 44.3(5)).

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Service mistake – discretion?

To what extent do you have a duty to point out the other side’s procedural errors (as part of your obligation to comply with the ‘overriding objective’)?

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Part 36 – indemnity costs?

If a claimant beats a defendant’s Part 36 offer (ie obtains judgment ‘which is at least as advantageous’) then the claimant is entitled to indemnity costs (36.17(1)B).

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Witness statement – immunity

A witness’s evidence has the benefit of immunity – which means no civil action can be brought in respect of it (even if the evidence is totally false or fraudulent – although it might result in a criminal prosecution for perjury).

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Costs budget – over-valued claim

If a claim turns out to be worth less than originally envisaged, is that a ‘good reason’ to depart from an agreed budget?

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Judges – ‘legal advisors’

The MoJ has quietly introduced important changes that allow ‘legal advisors’ to take on duties traditionally carried out by judges.

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PN Protocol – adjudication

An amended version of the Pre-Action Protocol for Professional Negligence came into force at the end of April 2018.

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Protocol – costs before action?

What happens to costs if a claim is not brought under the appropriate protocol, but is settled before the start of proceedings?

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Part 36 – strict compliance

Part 36 is a ‘self-contained procedural code’ (CPR 36.1). Being ‘self-contained’, this means that no other rules can be imported.

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Constructive trusts – property
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The author gives a helpful analysis of a ruling following a claim to establish a constructive trust or proprietary estoppel in respect of a domestic property. The deceased died intestate while living... Read more...
Professional negligence – adjudication
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The Professional Negligence Adjudication Scheme is run by the Professional Negligence Bar Association. It offers a voluntary ADR procedure, modelled on the adjudication system in construction... Read more...
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HMOs – new rules
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Self-employed – or worker?
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The Pimlico Plumbers case was seen as a victory for workers in the gig economy, with the Supreme Court looking at the reality of the relationship (rather than the legal labels attached). So, what... Read more...
Offences – mens rea
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This was a pre-trial appeal of a ruling at a preparatory hearing. The two appellants (A) faced charges under s17 Terrorism Act 2000 of sending money overseas, or arranging to do so, knowing or having... Read more...

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