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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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Arbitration – time limit

The time limit for challenging an arbitration award is 28 days. This short time limit reflects the underlying policy of Arbitration Act 1996, namely the finality of arbitration awards. Note that the time limit of 28 days runs from the date the award is made (not the date on which the award is released to the parties). This is a very important point, since in commercial arbitrations there will often be a delay before the award is released to the parties. This is particularly so if the arbitrator’s fees are outstanding.

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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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Probate fees – increase delayed
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We reported in the April 2019 edition (p34) on the increase of probate fees which was due to come into effect in April 2019. Read more...
VAT Order – construction services
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The VAT (s55A) (Specified Services and Excepted Supplies) Order 2019 comes into effect in relation to supplies made on or after 1 October 2019. Read more...
Brexit – impact on solicitors
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The Law Society has issued guidance for solicitors on the impact of the postponement of the UK’s departure from the EU. Read more...
RTA claims – no lawyers
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The Gazette reports that the MoJ has issued a consultation as to how to create an IT platform to enable unrepresented litigants to progress their own claim. Read more...
CFAs – no automatic 100% success fee
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In RTA claims, may firms routinely set a 100% success fee and claim the maximum limit of 25% of total damages. Read more...
T’s failure to respond – not a refusal of access
Thursday, 09 May 2019
The UT has held that T’s failure to reply to a letter from L requesting access to the property did not amount to a refusal of access. Read more...
MEES non-domestic rentals – reminder
Thursday, 09 May 2019
The MEES regulations are designed to tackle the least energy efficient properties in England and Wales and the Regs establish a minimum standard of EPC band E for domestic and non-domestic private... Read more...
‘Highway’ – no single meaning
Thursday, 09 May 2019
The SC has recently clarified the meaning of a highway. Read more...
Procedure – divorce
Thursday, 09 May 2019
Divorce practitioners may be particularly interested in the background to a recent case setting out the administrative processes and procedures by which errors in divorce proceedings are picked up... Read more...
EU citizens – right to work checks
Thursday, 09 May 2019
The government has issued guidance on employing EU, EEA and Swiss citizens, and their family members, after Brexit. Read more...

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