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Procedure

Arbitration – anti-suit injuction

As expected, the ECJ has upheld the opinion of the Advocate General and decided that English courts cannot use anti-suit injunctions to stop proceedings in other EU jurisdictions.

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Disclosure statements – signature by solicitor

Can you safely sign a disclosure statement on behalf of your client? CPR 31 and and CPR PD 31.4 Annex clearly envisage that disclosure statements will be signed by the parties themselves and not their solicitors.

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ADR – ENE

We all know what ADR is (Alternative Dispute Resolution) but what is ENE? The answer is that it stands for Early Neutral Evaluation, and it involves an experienced independent third party (eg a High Court judge) considering the parties’ cases and giving a non-binding view of the merits.

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County court – limits

The fast-track maximum limit has been raised to £25,000 for claims started on or after 6 April (£15,000 for claims started before that date). A new band for fast-track trial costs is created for cases of over £15,000 (costs of £1,650).

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Money Claim – Online

The Money Claim Online scheme has been a big success. It covers money claims of less than £100,000 and is a matter of simply completing the forms online.

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Service – deemed date

This table sets out the rules when serving any document (except a claim form).

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Libel – internet

Should there be a different limitation period for online libel?

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Most-read articles

Court of Protection – trust deputies
Friday, 13 April 2018
How does the CoP approach an application to appoint a trust corporation as a deputy? HHJ Hilder has, in a recent CoP ruling involving 36 applicants and 11 trust corporations, analysed the law on the... Read more...
Professional – update
Friday, 13 April 2018
 A reminder that internal e-mails can result in SRA action; for a case involving sexist, racist and homophobic e-mails sent to a work colleague see [2018] LSG 12 February 2. Read more...
CFA – assignment
Friday, 13 April 2018
The introduction of LASPO in April 2013 caused problems for clients who already had CFAs, but then wanted to move to another firm. Read more...
Agent of change – new builds?
Friday, 13 April 2018
The ‘agent of change’ principle has been hotly debated in planning circles for some time. Indeed, the concept is likely to feature in the revised National Planning Policy Framework and the draft... Read more...
Withdrawing admissions – increase in value?
Friday, 13 April 2018
Suppose a defendant is faced with a low-value claim and decides to admit liability; later, it turns out that there is a significant increase in the value of the claim. At that stage, can the... Read more...
Service charges – estoppel?
Friday, 13 April 2018
Suppose service charges have been raised for many years in a way that does not properly accord with the wording of the lease; if T subsequently questions those service charges, can L argue that... Read more...
Service charges – code of practice
Friday, 13 April 2018
The RICS has published the proposed changes to its Code of Practice on service charges. The important change is that RICS members must act in accordance with eight core principles; the Code is no... Read more...
Japanese knotweed – nuisance
Friday, 13 April 2018
One of the (potentially) most important decisions last year was a humble county court case in which it was held Network Rail was liable after Japanese knotweed grew close to neighbouring terraced... Read more...
Adoption – new regulations
Friday, 13 April 2018
 A number of new provisions in relation to adoption are in force (as of 5 January 2018) under the Adoption and Care Planning (Miscellaneous Amendments) Regulations 2018. Read more...
Sickness – on holiday
Friday, 13 April 2018
 A worker who falls ill during annual leave is entitled to take that holiday leave at a later date. This is so whether the sickness commenced before, or during, the holiday. Read more...

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