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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Probate fees – increase delayed
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We reported in the April 2019 edition (p34) on the increase of probate fees which was due to come into effect in April 2019. Read more...
VAT Order – construction services
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The VAT (s55A) (Specified Services and Excepted Supplies) Order 2019 comes into effect in relation to supplies made on or after 1 October 2019. Read more...
Brexit – impact on solicitors
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The Law Society has issued guidance for solicitors on the impact of the postponement of the UK’s departure from the EU. Read more...
RTA claims – no lawyers
Thursday, 09 May 2019
The Gazette reports that the MoJ has issued a consultation as to how to create an IT platform to enable unrepresented litigants to progress their own claim. Read more...
CFAs – no automatic 100% success fee
Thursday, 09 May 2019
In RTA claims, may firms routinely set a 100% success fee and claim the maximum limit of 25% of total damages. Read more...
T’s failure to respond – not a refusal of access
Thursday, 09 May 2019
The UT has held that T’s failure to reply to a letter from L requesting access to the property did not amount to a refusal of access. Read more...
MEES non-domestic rentals – reminder
Thursday, 09 May 2019
The MEES regulations are designed to tackle the least energy efficient properties in England and Wales and the Regs establish a minimum standard of EPC band E for domestic and non-domestic private... Read more...
‘Highway’ – no single meaning
Thursday, 09 May 2019
The SC has recently clarified the meaning of a highway. Read more...
Procedure – divorce
Thursday, 09 May 2019
Divorce practitioners may be particularly interested in the background to a recent case setting out the administrative processes and procedures by which errors in divorce proceedings are picked up... Read more...
EU citizens – right to work checks
Thursday, 09 May 2019
The government has issued guidance on employing EU, EEA and Swiss citizens, and their family members, after Brexit. Read more...


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