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Procedure

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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Libel – internet

Should there be a different limitation period for online libel?

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Most-read articles

IHT – personal representatives’ liability
Thursday, 14 June 2018
PRs are personally liable for paying IHT on an estate, even where the beneficiaries undertake to pay it themselves but do not do so, the court has confirmed. Read more...
Courts – reductions
Thursday, 14 June 2018
The government has announced that it will reduce court staffing numbers from 16,500 to 10,000 by 2022. Read more...
Part 36 – strict compliance
Thursday, 14 June 2018
Part 36 is a ‘self-contained procedural code’ (CPR 36.1). Being ‘self-contained’, this means that no other rules can be imported. Read more...
Damages – lost years
Thursday, 14 June 2018
A ‘lost years’ claim is for the loss of earnings in the years when the claimant will be dead (but would have been alive but for the defendant’s actions). Read more...
Assured shortholds – requirements
Thursday, 14 June 2018
A summary of the requirements for new lets of residential properties: Read more...
Rent reviews – which index?
Thursday, 14 June 2018
Rent under a lease may well be indexed – in which case, it is likely to be by reference to the retail price index (RPI). Read more...
Japanese knotweed – the cases
Thursday, 14 June 2018
Japanese knotweed is virtually irremovable; only the strongest chemicals will work against it, and simply digging out the roots is not sufficient. Read more...
Financial orders – future earning capacity
Thursday, 14 June 2018
H’s future earning capacity was not a matrimonial asset for the purposes of a financial settlement, the Court of Appeal has ruled. Read more...
Notice – start date?
Thursday, 14 June 2018
Suppose an employee is sent a letter of dismissal by post. The letter is delivered, but the employee is on holiday and says she did not read it until a later date. Read more...
Sentencing – hospital orders; hybrid orders
Thursday, 14 June 2018
In this article, the author (who represented the appellant) considers the making of hospital orders in criminal proceedings, and the use of hybrid orders, following a Court of Appeal ruling. Read more...

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