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Procedure

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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Small claims – interest?

What if you sue for £10,000 plus £1,000 interest? Is that small claims track or fast track?

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Professional negligence – adjudication

The Professional Negligence Adjudication Scheme is run by the Professional Negligence Bar Association. It offers a voluntary ADR procedure, modelled on the adjudication system in construction disputes. Key points are:

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Proportionality – reduction

An article in the Gazette gives advice on how best to counter an argument that your costs claim is disproportionate (having regard to the new ‘proportionality’ rule at CPR 44.3(5)).

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Service mistake – discretion?

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’)?

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Part 36 – indemnity costs?

If a claimant beats a defendant’s Part 36 offer (ie obtains judgment ‘which is at least as advantageous’) then the claimant is entitled to indemnity costs (36.17(1)B).

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Witness statement – immunity

A witness’s evidence has the benefit of immunity – which means no civil action can be brought in respect of it (even if the evidence is totally false or fraudulent – although it might result in a criminal prosecution for perjury).

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Costs budget – over-valued claim

If a claim turns out to be worth less than originally envisaged, is that a ‘good reason’ to depart from an agreed budget?

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Judges – ‘legal advisors’

The MoJ has quietly introduced important changes that allow ‘legal advisors’ to take on duties traditionally carried out by judges.

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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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