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Procedure

Pleading – protocol compliance?

There is still confusion about whether it is necessary for a claimant to state in the claim form (or particulars of claim) whether they have complied with the relevant protocol.

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RCJ – outdoor clerks

Are we seeing the end of the outdoor clerking profession? The introduction of electronic filing and working (CE-File) in the Rolls Building (soon to be called the Business and Property Courts) has virtually abolished the need for outdoor clerks in those courts – and it must surely be a matter of time before others (eg QBD, Senior Costs Office, and the Mayor and City of London Court) follow suit. With CE-File there is simply no need for outdoor clerking.

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Data protection – subject access requests

These days, subject access requests (SARs) are becoming increasingly common as a civil litigation ploy to obtain information that might not otherwise be disclosable (or to get it disclosed at an earlier stage). In short, SARs have become a tactical tool in litigation. 

Making a valid SAR is straightforward and inexpensive. There is no prescribed format provided it is in writing – indeed the code of practice specifies that data controllers may not insist on the use of a particular form. A written SAR can be made by post, e-mail, fax or even social media. It does not have to be labelled as an SAR, nor make any reference to DPA 1998. Generally, the maximum fee that can be charged by data controllers for dealing with an SRA is £10; a response must be provided promptly (and in any event within 40 days).

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Judgment – asset-stripping

To what extent can a judgment debtor dissipate (or strip) assets to avoid them being available to meet the judgment debt?

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Non-party – reputational damage?

To what extent can a non-party appeal a court decision because it affects their reputation?

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Costs – interest

It is worth remembering that costs attract a very healthy 8% rate of interest.

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Charging orders – interim

Charging orders are a powerful tool for enforcing judgment debts. Imposing a charging order on land owned by a debtor is equivalent to getting a mortgage over the property. The procedure for applying for a charging order is set out in Part 73:

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Costs – risks

Clients should always be given clear advice about the risk factors on costs recovery. In particular, they will not normally recover all their costs and, in any event, the court has a very wide discretion:

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E-filing – Rolls Building

Since 25 April 2017 the use of the court’s electronic filing system has been mandatory in the Rolls Building. But, it seems that ministerial approval of the necessary PD is required, and that has been delayed by the election. Accordingly, the transitional period remains unclear, but it seems that PD 510 (which governed the previous pilot scheme) is the one to follow (although it does not apply to unrepresented litigants).

 

Arbitration – confidentiality

Arbitration allows parties to resolve their disputes in private. There is far less potential for exposure of trade secrets, proprietary information or business practices, and adverse publicity when disputes are kept out of the public courts. Thus, a key element of London’s status as an arbitration centre is the assumption that arbitration proceedings will be private and confidential.

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Page 8 of 48

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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...

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