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Procedure

Mortgage – protocol

The new mortgage possession pre-action protocol has attracted considerable publicity. But, what sanctions are there for non-compliance by a lender – and could the defendant argue that the court should strike out or dismiss the lender’s claim because of that breach?

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Discovery – electronic

Traditionally, a solicitor could discharge his disclosure obligations to the court by simply collecting, reviewing and disclosing the client’s hard copy files.

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CFA – retrospective success fee

The High Court has held that a retrospective success fee is not against public policy, and therefore may be claimable.

The case involved a housing disrepair claim.

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Insolvent company – suing

If a company is dissolved then it is no longer a legal entity – which means that proceedings cannot be commenced against it (and any proceedings wrongly commenced will be a nullity).

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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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More Articles...


Page 45 of 46

Most-read articles

Trustees – duty to beneficiaries
Wednesday, 11 July 2018
Trustees cannot simply ignore beneficiaries’ request for information about a trust, the High Court has held. In this case, the trust property was a farm outside Cardiff. Read more...
Conveyancing searches – disbursements?
Wednesday, 11 July 2018
Should electronic property searches be treated as disbursements for VAT purposes? Alternatively, are they part of the legal service provided, and so subject to VAT? Read more...
Professional – update
Wednesday, 11 July 2018
From December 2018 there will be new rules requiring firms to publish prices for conveyancing, probate, motoring offences and immigration, as well as the price for bringing ET claims.  Read more...
Service mistake – discretion?
Wednesday, 11 July 2018
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’)? Read more...
Exiting the Portal – reasonable
Wednesday, 11 July 2018
Insurers should be very careful about making allegations (for instance, at Stage 2 of the EL/PL Protocol), especially if they could be interpreted as allegations of ‘dishonesty’. Read more...
Airbnb – breach of lease
Wednesday, 11 July 2018
It now seems clear that an Airbnb short let will be in breach of a typical long lease. Read more...
GDPR – data rooms
Wednesday, 11 July 2018
If L is planning to sell a property subject to leases, then almost certainly a data room will be set up containing all relevant documents. Read more...
Rights of way – public
Wednesday, 11 July 2018
There are four categories of public rights of way: Read more...
Financial remedies – company assets
Wednesday, 11 July 2018
A recent ruling illustrates when a court can treat a company-owned asset as as a matrimonial asset. Read more...
GDPR – references
Wednesday, 11 July 2018
GDPR impacts on the giving of references: Read more...

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