The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Procedure

Non-party – reputational damage?

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

Subscribers only...
 

Costs – interest

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

Subscribers only...
 

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:

Subscribers only...
 

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:

Subscribers only...
 

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.

Subscribers only...
 

Mediation – confidential costs

Generally, documents used in mediation are covered by without prejudice privilege, and thus cannot be used as evidence outside the mediation process. Moreover, the mediation agreement will typically contain confidentiality provisions (ie the parties agree not to disclose or use documents or material produced for the purposes of the mediation for any other purpose).

Subscribers only...
 

Debt claims – protocol

A new pre-action protocol, specifically for debt claims, will come into force on 1 October 2017. At the moment, there is no specific protocol for debt claims, although parties are expected to comply with the existing PD for pre-action conduct.

Note that the protocol applies to ‘any business (including sole traders and public bodies) claiming payment of a debt from an individual (including a sole trader)’. Thus it does not apply to business-to-business debts (although it will apply when suing for debt due on a guarantee).

Subscribers only...
 

High Court – business and property

The High Court is creating a Business and Property Courts division by merging the Commercial Court (including the Admiralty Court), the Technology and Construction Court, and Chancery Division.

Subscribers only...
 

Holiday bugs – strict liability

There are those who see holiday bug claims (ie claims for holiday sickness and food poisoning) as the perfect replacement for whiplash. Indeed, the SRA is so concerned that it has asked a dozen of the leading firms to prove that they are not paying referral fees for this work.

Subscribers only...
 


Page 9 of 49

Most-read articles

Probate fees – increase
Tuesday, 09 April 2019
The much-criticised increase in probate fees comes into effect in April 2019 and apply whether or not a solicitor is involved.  Read more...
SRA – Standards and Regulations introduced November 2019
Tuesday, 09 April 2019
We reported in our February 2019 edition (p32) and March 2019 edition (p33) that the SRA is phasing in its introduction of the new ’Standards and Regulations’ which will replace the 2011... Read more...
LiP – keep informed?
Tuesday, 09 April 2019
We do not usually report on changes which are not yet in force. However, litigators have been warned to expect changes to the processes relating to litigants in person which might come into effect on... Read more...
Interim costs order – when to exercise
Tuesday, 09 April 2019
The Gazette reports on an interesting County Court case where an interim costs order has been granted to solicitors where the full value of the claim will not be quantified until 2022. Read more...
Defective Premises Act – L liable
Tuesday, 09 April 2019
The CA has held that a social L was liable to a T for injury caused due to a faulty drain cover. Read more...
Service charges – recovery of more than 100%?
Tuesday, 09 April 2019
We reported in our February 2019 edition (p24) that the RICS Code of Practice Service Charges in Commercial Property (1st edition) comes into force on 1 April 2019. Read more...
Allotments – protection
Tuesday, 09 April 2019
With the increasing pressure to build new homes, there is a possibility that areas designated for allotments might be under threat of development. Read more...
Children – standard of proof
Tuesday, 09 April 2019
The Court of Appeal refused F’s appeal against the judge’s findings in care proceedings under Part IV CA 1989 that he had sexually abused his daughter (Y). Read more...
NDA – ignoring!
Tuesday, 09 April 2019
Recently, some employees have spoken publicly about sexual harassment in breach of NDA confidentiality obligations.  Read more...
Offences – assault; emergency workers
Tuesday, 09 April 2019
The Assaults on Emergency Workers (Offences) Act 2018 follows the increasing number of assaults on emergency workers in the UK.  Read more...

Resources

IAG International
www.totallylegal.com
In House Lawyer
Join the IBA now!
MSI Global Alliance