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Procedure

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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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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Most-read articles

Disputed will – guidance; procedure
Wednesday, 13 February 2019
What should you do if asked for correspondence and other documents in relation to a will you prepared for a client who has since died?  Read more...
MoJ – IT meltdown
Wednesday, 13 February 2019
Many litigators are no doubt all too aware of the Ministry of Justice (MoJ) January 2019 IT failures that hit the delivery of frontline legal services in some courts.  Read more...
Statutory notices – service
Wednesday, 13 February 2019
The SC has widened the scope of the service of statutory notices. Read more...
Part 36 offers – appropriate
Wednesday, 13 February 2019
Part 36 of the CPR allows a claimant or defendant to make an offer of settlement before trial. If the offer is not accepted and the opposing party does not meet the offer at trial, the court may... Read more...
Noise nuisance – liability?
Wednesday, 13 February 2019
A recent High Court decision has confirmed that L is not liable for nuisance caused by its T merely because L does not take steps available to prevent the cause of the nuisance, even when L knows... Read more...
RICS – service charges
Wednesday, 13 February 2019
We noted the RICS Code of Practice on service charges in our October 2018 issue, p19; the ‘Service Charges in Commercial Property (1st edition)’ comes into force on 1 April 2019. Read more...
Notice of severance – rectification?
Wednesday, 13 February 2019
A recent case reminds practitioners of the importance of ensuring that a notice of severance accurately records all of the titles intended to be severed. Read more...
Children – parental responsibility; removal of
Wednesday, 13 February 2019
In what circumstances might the court order the removal of PR from the father? The author comments on a recent case which involved a unique set of circumstances justifying the removal of PR.  Read more...
Incompetence – not discrimination
Wednesday, 13 February 2019
The CA has held that an incompetent process does not amount to discrimination. Read more...
Sentencing – contempt of court
Wednesday, 13 February 2019
The Court of Appeal has ordered a new trial in relation to a claimant remanded to prison overnight for discussing evidence in a civil case.  Read more...

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