The Practical Lawyer


Insurance – disclosure to claimant?

Insurers have long resisted any suggestion that defendants should be obliged to reveal the extent of their insurance cover to claimants. The argument, of course, is that this will undermine the insurers negotiating position (although we are not sure we really understand the logic of that argument).

Subscribers only...

Service – extension of time?

The new rules on service which came into force in October make no change to the principles on applying for extension of time for service of the claim form. The bottom line is that this is a very dangerous step for any claimant to take.

Subscribers only...

Rome II – applicable law

Rome II makes important changes to deciding what is the applicable lawwhen dealing with foreign claims. Rome II applies to all non-contractual claims arising out of tort.

Subscribers only...

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.

Subscribers only...

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?

Subscribers only...

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.

Subscribers only...

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.

Subscribers only...

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).

Subscribers only...

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.

Subscribers only...

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.

Subscribers only...

Page 47 of 48

Most-read articles

Disputed will – guidance; procedure
Wednesday, 13 February 2019
What should you do if asked for correspondence and other documents in relation to a will you prepared for a client who has since died?  Read more...
MoJ – IT meltdown
Wednesday, 13 February 2019
Many litigators are no doubt all too aware of the Ministry of Justice (MoJ) January 2019 IT failures that hit the delivery of frontline legal services in some courts.  Read more...
Statutory notices – service
Wednesday, 13 February 2019
The SC has widened the scope of the service of statutory notices. Read more...
Part 36 offers – appropriate
Wednesday, 13 February 2019
Part 36 of the CPR allows a claimant or defendant to make an offer of settlement before trial. If the offer is not accepted and the opposing party does not meet the offer at trial, the court may... Read more...
Noise nuisance – liability?
Wednesday, 13 February 2019
A recent High Court decision has confirmed that L is not liable for nuisance caused by its T merely because L does not take steps available to prevent the cause of the nuisance, even when L knows... Read more...
RICS – service charges
Wednesday, 13 February 2019
We noted the RICS Code of Practice on service charges in our October 2018 issue, p19; the ‘Service Charges in Commercial Property (1st edition)’ comes into force on 1 April 2019. Read more...
Notice of severance – rectification?
Wednesday, 13 February 2019
A recent case reminds practitioners of the importance of ensuring that a notice of severance accurately records all of the titles intended to be severed. Read more...
Children – parental responsibility; removal of
Wednesday, 13 February 2019
In what circumstances might the court order the removal of PR from the father? The author comments on a recent case which involved a unique set of circumstances justifying the removal of PR.  Read more...
Incompetence – not discrimination
Wednesday, 13 February 2019
The CA has held that an incompetent process does not amount to discrimination. Read more...
Sentencing – contempt of court
Wednesday, 13 February 2019
The Court of Appeal has ordered a new trial in relation to a claimant remanded to prison overnight for discussing evidence in a civil case.  Read more...


IAG International
Join the IBA now!
MSI Global Alliance
In House Lawyer