Monthly Archives: July 2013

AVIATION AND THE REALLY VICIOUS LIMITATION PERIOD : AVOIDING NEGLIGENCE 3

AVIATION AND LIMITATION The purpose of this post is to make you feel really uncomfortable when you are involved with a case that involves aviation, in any way shape or form. Including when your client is injured in an airport.  That feeling is far preferable to the problems you will have if you miss a […]

PART 36: A NEAR MISS IS NOT ENOUGH

  A  recent case emphasises that a “near miss”  with a Part 36 offer is not relevant to the court’s assessment of costs after a trial.   There was, for a time, a developing jurisprudence around “near miss” offers and Part 36. In Carver –v- BAA Plc [2008] EWCA Civ 412 http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2008/412.html&query=carver&method=boolean the Court of […]

CHANGES TO PRACTICE AND PROCEDURE IN THE CORONERS COURTS

I have set out a summary of the changes to the Coroners Court Rules at http://fatalaccidentlaw.wordpress.com/2013/07/25/changes-to-coroners-rules-where-to-find-the-law-useful-links-and-a-summary/   That post also links through to all the relevant legislation and the new rules (which came into force last Thursday).

RELIEF FROM SANCTIONS: A CASE IN WHICH RELIEF WAS GRANTED. WYCHE -v- CAREFORCE GROUP LTD

Every case in relation to relief from sanctions is being examined carefully after 1st April. The case of IAN ALAN WYCHE v CAREFORCE GROUP PLC (2013)QBD (Comm) 25/07/2013  is going to be of interest. The case is not yet fully reported and I am reliant upon summaries.  I will post the full case, and a more […]

SERVING WITNESS STATEMENTS LATE: AN EXTREMELY DANGEROUS PRACTICE

The recent decision in Fons HF –v- Corporal Ltd & Pillar Securitisation [2013] EWHC 1278 (Ch) provides an object lesson on the difficulties that can arise when both parties fail to file witness statements in accordance with directions.  The facts  HH Judge Pelling QC heard an application relating to witness statements on the 9th May […]

65th amendment to the Civil Procedure Rules

The new rules extending the personal injury portal to £25,000; extending fixed costs and dealing with Part 36 offers are now available at  http://www.justice.gov.uk/courts/procedure-rules/civil

CIVIL EVIDENCE AND WITNESS STATEMENTS

I have written two articles on witness statements and civil evidence for  Local Government Lawyer One on the inferences a court can draw when a litigant elects to call no evidence on an issue http://www.localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=13497%3Asilence-is-not-necessarily-golden&catid=190%3Aregulatory-articles&Itemid=29 The other on the use of “opinion” evidence in witness statements http://www.localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=14426%3Ado-i-want-your-opinion&catid=56%3Alitigation-articles&Itemid=29