The Practical Lawyer


Unknown defendant – no claim

The Gazette reports on the SC decision about whether a motor insurer can sue an unnamed defendant.
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Bill of costs – fixed costs case

A recent decision of the Senior Courts Costs Office reminds solicitors that a client is entitled to a bill of costs even in a fixed costs case.
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Civil legal aid – backdated

The Legal Aid Agency (LAA) has announced that from 20 February 2019, the director of legal aid casework will have discretionary powers to backdate some civil legal aid determinations. 
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Statutory notices – service

The SC has widened the scope of the service of statutory notices.
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E-signatures – pitfalls

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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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Most-read articles

Contract – implied terms
Thursday, 14 March 2019
The SC has confirmed that it will imply a term into a contract to give it business efficacy. Read more...
Confidentiality – existence and content of will
Thursday, 14 March 2019
Each month we consider conduct and practice issues relevant to busy practitioners. This month we will consider the importance of keeping confidentiality in mind when disclosing the existence or... Read more...
Code for Completion by Post – new code
Thursday, 14 March 2019
The Law Society has published the new Code for Completion by Post. It will come into effect on 1 May 2019. CQS-accredited firms must use the Code. Read more...
Proceeds of crime – benefit
Thursday, 14 March 2019
The appellant’s criminal conduct was such that he had obtained the money and therefore benefited from it.  Read more...
Disability payments – no right to dismiss
Thursday, 14 March 2019
There is an implied term in a contract of employment that an employee will not be dismissed for incapacity while on long-term disability benefit. Read more...
Civil partnership – guidance
Thursday, 14 March 2019
How does a civil partnership affect the parties’ rights to different pensions?  Read more...
HMLR – fraud is not ‘mistake’
Thursday, 14 March 2019
A court can order rectification of an HMLR register of title if a mistake has been made.  Read more...
LTA54 – redevelopment must be real intention
Thursday, 14 March 2019
LTA 54 confers security of tenure on business Ts. L and Ts can contract out of the security of tenure provisions by following a prescribed procedure before the business tenancy is entered into.  Read more...
AST – security deposits capped
Thursday, 14 March 2019
From 1 June 2019 security deposits taken on commencement of ASTs will be capped at no more than five weeks’ rent where the annual rent is under £50,000 (and six weeks’ rent where the annual... Read more...
Loss resulting from breach of duty – reaffirmed
Thursday, 14 March 2019
The SC has recently given a judgment on solicitor’s professional negligence. The case involved a retired miner.  Read more...


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