The Practical Lawyer


Wrong fee – strike out?

An underpayment of court fees (by putting a low value on a claim) can amount to an abuse of process, and therefore justify striking out. Such incidences will, however, be extremely rare.

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Proportionality – broad-brush approach?

When looking at ‘proportionality’ of costs, should the judge adopt a rigid mathematical approach to each item, or is a broad-brush approach to be preferred?

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Claim – service

L unlawfully evicted T following a disrepair claim (for which T was awarded damages). Two years later, L started proceedings for rent arrears and served those proceedings at the property from which T had been unlawfully evicted.

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Brexit – jurisdiction clauses

We have largely avoided the topic of Brexit, but now that the departure date is becoming ever closer it is necessary to think about the potential jurisdictional consequences that could arise.

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Attachment of earnings – remedy

If an employer fails to make deductions from pay under an attachment of earnings order, does the creditor have any redress against the employer?

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Costs – notice of discontinuance

Can a claimant serve a notice of discontinuance, and then walk away without any costs liability to the defendant?

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Disclosure – Business and Property Courts

A two-year pilot scheme will apply to the Business and Property Courts from January 2019. The idea is to change attitudes to disclosure, and move from a culture based around paper disclosure to one that embraces electronic disclosure. 

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Bill of costs – electronic

These are links to online commentary and guidance on electronic bills of costs.

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Foreign claims – in UK?

There are several significant claims currently before the courts that involve multinationals being sued in connection with foreign claims that seem to have no link to the UK.

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Part 36 – if claim changes?

What happens if the claim is changed (increased or decreased) – does an earlier Part 36 offer remain binding?

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