Monthly Archives: January 2014

SERVICE OF THE CLAIM FORM: ANOTHER EXAMPLE OF A CLAIMANT COMING TO GRIEF

Prior to the Mitchell decision the easiest way for a claimant to come to grief on a procedural issue was to make a mistake with service of the claim form.  The decision Murrills –v- Berlanda [2014] EWCA Civ 6 shows that failing to serve properly can still cause an action to fail. THE FACTS OF […]

STRIKING OUT SPECIAL DAMAGES CLAIM BECAUSE OF ABSENCE OF EVIDENCE IN WITNESS STATEMENT: MORE DETAIL PROVIDED

I am grateful to Dave Toulson of Hill Dickinson for a more detailed explanation of the news that prompted the article on drafting witness statements and proving damages. The original tweet was that a claim for hire had been struck out on the grounds that there was no mention of this in the claimant’s witness […]

PLEADINGS: ARE THEY STILL IMPORTANT? THREE RECENT CASES REVIEWED

There has yet to be a definitive review of the principles relating to pleadings under the Civil Procedure Rules.  Here we look at some recent cases where the Court of Appeal has considered the importance of pleadings. Skrzynski –v- Metropolitan Police   [2014] EWCA Civ 9 The case related to an incident where the police stopped […]

APIL: MONITORING OF COSTS BUDGETING AND RELIEF FROM SANCTIONS.

The Association of Personal Injury Lawyers is monitoring both costs budget and relief from sanctions. It has asked for information from members on these issues.  If you are not a member (you could always join) APIL may still welcome input on these important issue. Below is the text on these matters issued by APIL earlier […]

THE DANGERS OF NOT USING PRE-ACTION PROTOCOLS & THE PRACTICE DIRECTION TO THE FULL: A WORKING EXAMPLE OF PROBLEMS CAUSED BY PREMATURE ISSUE

The next in the series was going to be a review of the rules and principles relating to pre-action conduct.   However Kerry Underwood has written a post that deals with this issue comprehensively and I have nothing to add.  Here we look at one example of problems caused by issuing without compliance.  KNOWLES –v- GOLDBORN This is […]

PUTTING THE POWER TO AGREE TO EXTEND TIME IN THE COURT ORDER: A SHORT NOTE

The question of whether the parties can agree to extend time for compliance with a court order is an open one at the moment. See the discussion in the earlier posts on this issue.  There was a short tweet earlier today by Charles Bagot of Hardwicke chambers. “Put provision in Order permitting parties to agree […]

Cost Management Hearings and Form H: Blank Schedule

As mentioned in my earlier post Cost Management Hearings and Form H  some courts (and I do not know whether this is a national or local practice) direct that the claimant file a schedule/summary showing the parties’ individual claims on each head of damages in a manner easy to identify the differences. Even if there […]