The Practical Lawyer


Part 36 – strict compliance

Part 36 is a ‘self-contained procedural code’ (CPR 36.1). Being ‘self-contained’, this means that no other rules can be imported.

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Statement of truth – solicitor signing

PD22(3.8) sets out the rules on when a legal representative signs a statement of truth on behalf of a client.
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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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