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Damages – wasted expenditure

It may be possible to claim ‘wasted expenditure’ as an alternative to ‘loss of profits’ (which may be prohibited by an exclusion clause). This depends upon there being some non-financial benefit that has been lost (as opposed to a pure ‘loss of profit’).

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Defamation – forum shopping

Parliament’s clear intent in the 2013 Defamation Act was to raise the bar to libel actions in England and Wales; in effect, to stop forum shopping, whereby a publication with limited distribution in this country could result in a meaningful defamation claim. Accordingly, s1 introduced a requirement that publication must have caused, or was likely to cause, ‘serious harm’ to the claimant’s reputation.

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Service – on solicitors

Service may only be effected on a solicitor if;

the defendant has given in writing the business address of a solicitor as an address at which they may be served (even if the solicitor does not know or has not really been instructed); or

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Privilege – accidental disclosure

What happens if a document that has legal professional privilege is accidentally disclosed to the other side? Given that large-scale disclosure can involve millions of documents, it is more or less inevitable that there will be a few privileged documents that are accidentally disclosed. What happens?

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Filing – e-mail or fax

The default position under the CPR remains that correspondence should be via the post. If you want to use e-mail or fax then there are clear pitfalls to avoid (and you need to carefully check the PD to Part 5):  

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Construction – adjudication costs

If there is an adjudication in a construction contract dispute, can the referring party recover its adjudication costs?  

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Debt claims – pre-action protocol

The new pre-action protocol for debt claims against individuals came into force on 1 October 2017. It applies to all debt claims brought by businesses (including sole traders and public bodies) against individuals (including sole traders). But, the protocol does not apply to: debt claims against debtors who are not individuals; debt claims covered by other pre-action protocols (eg mortgage arrears); or claims for the recovery of taxes and duties. Key stages of the debt protocol are: 

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Bookmark – litigant in person

We do not normally recommend DIY guides but we are very impressed with ‘How to be a Litigant in Person in the New Legal World’ by Michael Langford. It really is an excellent, and practical, guide to litigation (of all sorts).  

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SAR – judge’s notes

Can a judge’s handwritten notes be disclosable under a subject access request?

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SARs – revised Code

The Information Commissioners Office has updated its code of practice on subject access requests. This is largely to reflect the recent court decisions (noted in our April 2017 issue, p31). In particular, the code has altered its guidance on when a data controller can claim that it will require a ‘disproportionate effort’ to comply with the SAR.

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Privacy policy
Friday, 07 September 2018
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