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Procedure

Part 36 – update

Three noteworthy 2018 cases on Part 36 offers:
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Part 7 – electronic bills

Electronic bills are now compulsory for Part 7 issued multi-track claims (as from 6 April 2018). Note that it only applies to work recoverable that is undertaken after that date. 
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Discovery – data access request!

A recent Irish case throws up the interesting suggestion that ‘discovery’ might extend to disclosing documents that could be obtained by a data subject access request (even though no such request has been made).
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LIPs – procedural rules

To what extent can litigants in person claim special treatment, and so be excused from the strict application from the CPR?
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CFA – assignment

The introduction of LASPO in April 2013 caused problems for clients who already had CFAs, but then wanted to move to another firm.

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Settlement agreement – how wide?

When drafting any settlement agreement, consider whether it is wider than it needs to be. For instance, does it cover unknown claims (as well as known claims), and does it cover future claims that have not yet arisen (as opposed to present claims that already exist)?

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Ceasing to act – permission?

Suppose you validly terminate the retainer with the client. Do you still owe duties to the court (eg to incur costs and represent the client) until such time as the court gives you permission to withdraw?

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Debt claims – Protocol 13

Protocol 13 (in force since October 2017) provides extra administrative hoops for creditors to jump through before starting court proceedings.

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Business – Shorter Trials Scheme

The Shorter Trials Scheme has been described as ‘litigation for adults’. It has been used in the Rolls Building since October 2015 (Practice Direction 51N applies).

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Part 36 offer – vary or withdraw?

Be wary of withdrawing a Part 36 offer. It will usually be better to vary or change the offer.

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Page 2 of 46

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Trustees cannot simply ignore beneficiaries’ request for information about a trust, the High Court has held. In this case, the trust property was a farm outside Cardiff. Read more...
Conveyancing searches – disbursements?
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Should electronic property searches be treated as disbursements for VAT purposes? Alternatively, are they part of the legal service provided, and so subject to VAT? Read more...
Professional – update
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From December 2018 there will be new rules requiring firms to publish prices for conveyancing, probate, motoring offences and immigration, as well as the price for bringing ET claims.  Read more...
Service mistake – discretion?
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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’)? Read more...
Exiting the Portal – reasonable
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Insurers should be very careful about making allegations (for instance, at Stage 2 of the EL/PL Protocol), especially if they could be interpreted as allegations of ‘dishonesty’. Read more...
Airbnb – breach of lease
Wednesday, 11 July 2018
It now seems clear that an Airbnb short let will be in breach of a typical long lease. Read more...
GDPR – data rooms
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If L is planning to sell a property subject to leases, then almost certainly a data room will be set up containing all relevant documents. Read more...
Rights of way – public
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There are four categories of public rights of way: Read more...
Financial remedies – company assets
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A recent ruling illustrates when a court can treat a company-owned asset as as a matrimonial asset. Read more...
GDPR – references
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GDPR impacts on the giving of references: Read more...

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