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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Most-read articles

Probate fees – increase delayed
Thursday, 09 May 2019
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
Thursday, 09 May 2019
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
Thursday, 09 May 2019
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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