Monthly Archives: August 2013

APPLYING TO SET ASIDE WITHOUT NOTICE ORDERS: BE QUICK: BE VERY QUICK

This post looks at the power the courts have to make costs orders when making an order of its own motion or without notice to one party.  A party attempting to challenge or vary such an order must act promptly.  The court’s power to make orders without notice CPR 3.3 gives the Court the power […]

EXTENSION OF TIME GRANTED: DEFENDANT’S OBJECTION REGRETTABLE

  This post looks at a case where the claimant served the particulars of two days late. The judge stated that it was “the clearest” case for an extension of time. He also regarded the defendants’ taking of the point as “regrettable”   There is a short report of the case of Raayan Al Iraq […]

LITIGATION AFTER JACKSON: A 10 POINT SURVIVAL GUIDE

There has been a tremendous change in policy in relation to case management after 1st April 2013.  This has already led to major difficulties for some litigators. This post is the first (of what may be many)  survival guides for litigators working in the new climate. Rule 1: Have everything ready pre-issue and have a […]

WHAT ARE WITNESS STATEMENTS FOR?

I have written an article for the Local Government Lawyer on drafting witness statements dealing with recent cases and guidance on the topic, see What are witness statements for For other articles in the series on drafting witness statements see “Do I want your opinion?” “Silence is not necessarily golden”  

SERVICE OF A COPY CLAIM FORM IS NOT GOOD SERVICE: HOW COULD THIS BENEFIT A CLAIMANT?

This post looks at the unusual case of  Hills Construction –v- Struth [2013] EWHC 1693 (TCC) which considered issues relating to service of the claim form and extensions of time for service of the Particulars of Claim.   The facts Hills was an action about a construction dispute.  Proceedings were issued and, on the 23rd […]

FAILURE TO COMPLY WITH CPR: CAN BITE DEFENDANTS TOO!

This post looks at the decision in Dass –v- Dass where the defendant was refused permission to rely upon medical experts because they had not been served in accordance with court directions.  Many of the recent cases in relation to default and relief from sanctions have concentrated upon the actions of claimants who were in […]

NEW FORM H FROM 1st OCTOBER 2013

One important change introduced from the 1st October is a slightly revised Form H.   A copy  of the new Form H can be found here http://www.justice.gov.uk/courts/procedure-rules/civil/pdf/preview/precedent-h.pdf The explanation of the Practice Direction amendments is at http://www.justice.gov.uk/courts/procedure-rules/civil/pdf/update/update-66-pd-making-document.pdf   A useful summary of the amendments and their reasons is  provided by Lexis Nexis at http://lexisweb.co.uk/blog/dr/reminder-to-use-updated-precedent-h-from-october-2013/?utm_source=psltwitter_post20august&utm_medium=socialmedia&utm_content=psltwitter_post20august&utm_campaign=17808_drblog