Tag Archives: Civil Procedure

NEW RULES ON COSTS CAPPING

New rules (The Civil Procedure (Amendment No.2) Rules 2016 were passed yesterday which amend CPR Part 3 in relation to costs capping. They are of relatively limited ambit, applying only to Judicial Review applications.  They replace protective costs orders in relation to judicial reviews. KEY POINTS There are now provisions for judicial review costs capping […]

ADVOCACY – THE JUDGE’S VIEW III: MORE GUIDANCE FROM CANADA

As part of the series looking at the advice that judges give to advocates (and how this relates to civil litigators in particular) we return to Canada. Judge Carol Baird Ellan collected the views of 12 of her colleagues in giving an address to the CLEBC Advocacy Conference in 2001:  Advocacy in Provincial Court: A […]

ADVOCACY – THE JUDGE’S VIEW II: “USEFUL”,”JUST & CHEAP”: GUIDANCE FROM DOWN UNDER

The post earlier this week on Things Lawyers do to Annoy Judges was, without doubt, one of the most publicised and read posts on this blog.  However it also opened up a rich train of enquiry: what do judges write about advocacy?  This is important because in civil cases it is judges that will decide […]

ORDERING A SPLIT TRIAL ON PRELIMINARY ISSUES: A CAUTIONARY TALE

In Larkfleet -v- Allison Homes Eastern Limited [2016] EWHC 195 (TCC) Mr Justice Fraser made some important observations about the need for total clarity when a court orders the trial of a preliminary issue of law. ‘Preliminary points of law are too often treacherous short cuts’. The dangers are all the greater where, as here, […]

WHAT IS A TRIAL? AND WHY DOES IT MATTER?

In Pickard -v- Roberts [2016] EWHC 187 (Ch) Mr John Baldwin QC (Sitting as a Deputy Judge of the Chancery Division)  had to consider whether a hearing was a “trial” and whether this had any impact upon the decision to set aside that hearing. ” the default position with respect to whether or not what takes […]

TEN NEW YEAR’S RESOLUTIONS FOR LITIGATORS IN 2016

Some resolutions to keep you prosperous and out of difficulties in 2016. (Happy New Year) 1. NEVER, EVER, GUESS ABOUT A LIMITATION PERIOD (OR TAKE A CLIENT’S WORD FOR IT) Litigators of all types must have a clear idea about the relevant limitation period in every case they handle. It is unwise to “guess”, certainty […]

CIVIL LITIGATION REVIEW OF 2015: POETRY, CARPET BOMBING AND DISAPPEARING EXPERTS

We civil litigators cannot be left out of the, apparently universal, need for  an annual review. The annual review last year was headed with the words “prolixity”, “sanctions” and creative writing.  Here we look at poetry, carpet bombing and disappearing experts. A more systematic review can be found in Herbert Smith Freehills’  A Litigator’s Yearbook […]

WHEN THE COURT FAILS TO SERVE: AN IRREGULAR JUDGMENT MUST BE SET ASIDE

In Tanir -v- Tanir [2015] EWHC 3363 (QB) Mr Justice Garnham found that the court had failed to serve the claim form and, consequently, a judgment had to be set aside. The court had no discretion to act otherwise. “The Rules Committee has not yet introduced any new rule so that Rule 13.2 remains in […]

SENDING THE FEE WITH THE APPLICATION: FAILURE CAN BE FATAL

I am grateful to barrister Matthew White for sending me details and a copy of the decision of His Honour Judge Lopez in Price -v- Egbert H Taylor Limited (Birmingham County Court 2nd October 2015). “… there [are] numerous authorities which caution that a party leaving things to the last minute runs a very serious […]

SUMMARY JUDGMENT FOR DEFENDANT WHEN THERE WERE ALLEGED DISPUTES OF FACT: DON’T PARK THE CAR

Is it prudent to apply for summary judgment when there are alleged disputes of fact?  I am grateful to my colleague Colm  Nugent for sending me a copy of the judgment of  Mr Justice Cooke in Price -v- Euro Car Parks Limited[2015] EWHC 3253 (QB) where the defendant was successful in an application for summary […]