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Procedure

Statement of truth – corporation

A statement of truth must be signed by a person on behalf of a company or other corporation. It can be signed by the legal representative, but otherwise it must be signed by someone holding a ‘senior position’ in the company or corporation.

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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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