The Practical Lawyer


Privacy – photo

The scope of privacy laws is being extended all the time. We now have a very wide-ranging judgment from the ECHR which has held that it was a breach of privacy to take a photograph without consent.

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Document – ‘mentioned’

CPR 31.14(1) gives the right to any party to ‘inspect a document mentioned’ in a statement of case, witness statement, witness summary, or affidavit.

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Costs – counter-claim

How do you apportion the costs attributable to a counter-claim if both sides have to pay each other’s costs (eg if the claimant has to pay the defendant’s costs, and the defendant has to pay the claimant’s costs)? The answer lies in an important HL decision which is little known, and yet provides a potential elephant trap for defendants.

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Public access – judicial review

The public’s right to access copies of statements of case was established in October 2006; whereas previously such documents were only accessible with a court order, there is now an automatic right for the public to access such documents (but not any documents filed with them, or attached to the statement of case), unless the court has specifically ordered otherwise.

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Pt 36 offer – beaten?

Under the old payment-in rules, if a claimant beat a defendant’s payment-in by one pound, then the claimant got the costs (ie the payment-in was beaten). But, the position is not so clear under the CPR.

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Costs – interest

A reminder of some of the important rules on ‘interest on costs’:

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Defamation – injunction

We all know that Max Mosley tried – and failed – to get an injunction against the News of the World (in relation to his ‘private’ activities). In particular, he wanted the paper to take down the explicit video of his sex sessions that had been posted on the paper’s internet site (and which he argued was an invasion of his privacy).

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Litigation – assignment

A reminder of the rules on assigning a claim:

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Experts – no natural justice

Remember that an expert’s decision will be binding even if there has been a breach of natural justice, or even if there has been a gross error in his decision.

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Mediation – confidentiality?

To what extent can a court order disclosure of documents (eg offers to settle) in an earlier mediation process?

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Most-read articles

Contract – implied terms
Thursday, 14 March 2019
The SC has confirmed that it will imply a term into a contract to give it business efficacy. Read more...
Confidentiality – existence and content of will
Thursday, 14 March 2019
Each month we consider conduct and practice issues relevant to busy practitioners. This month we will consider the importance of keeping confidentiality in mind when disclosing the existence or... Read more...
Code for Completion by Post – new code
Thursday, 14 March 2019
The Law Society has published the new Code for Completion by Post. It will come into effect on 1 May 2019. CQS-accredited firms must use the Code. Read more...
Proceeds of crime – benefit
Thursday, 14 March 2019
The appellant’s criminal conduct was such that he had obtained the money and therefore benefited from it.  Read more...
Disability payments – no right to dismiss
Thursday, 14 March 2019
There is an implied term in a contract of employment that an employee will not be dismissed for incapacity while on long-term disability benefit. Read more...
Civil partnership – guidance
Thursday, 14 March 2019
How does a civil partnership affect the parties’ rights to different pensions?  Read more...
HMLR – fraud is not ‘mistake’
Thursday, 14 March 2019
A court can order rectification of an HMLR register of title if a mistake has been made.  Read more...
LTA54 – redevelopment must be real intention
Thursday, 14 March 2019
LTA 54 confers security of tenure on business Ts. L and Ts can contract out of the security of tenure provisions by following a prescribed procedure before the business tenancy is entered into.  Read more...
AST – security deposits capped
Thursday, 14 March 2019
From 1 June 2019 security deposits taken on commencement of ASTs will be capped at no more than five weeks’ rent where the annual rent is under £50,000 (and six weeks’ rent where the annual... Read more...
Loss resulting from breach of duty – reaffirmed
Thursday, 14 March 2019
The SC has recently given a judgment on solicitor’s professional negligence. The case involved a retired miner.  Read more...


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