Tag Archives: Practice direction
The revised Pre-Action Protocols are now available (3 days after they came into force). THE LINK The Protocols are available on the Justice website and available here. There are 119 pages. THE AMENDMENTS Amendments are made to 8 of the Protocols. I will set out the major changes in due course.
The earlier post on extensions of time gained a lot of attention and numerous issues were raised at twitter. This is such a fast moving area that a case, reported yesterday, deals with some of the issues raised. I wanted to look at some of the issues raised as these are crucial to the way […]
The Master of the Rolls has issued a Practice Direction dealing specifically with “right to buy” claims. That is negligence actions against solicitors in relation to mortgage broking. Those claims are now allocated to a specific Master. Any existing claims in the High Court or County Court should be transferred to the Chancery Division. Any […]
All litigators know (or should know) the central importance of Form H in civil procedure. If you don’t file the form in time then you don’t get paid. A colleague today asked me whether it was necessary to file a Form H in Part 8 proceedings. The answer may surprise many. THE REQUIREMENT TO FILE […]
There appeal in the Mitchell case was heard in the Court of Appeal case earlier today. Judgment was reserved. I have a note of the arguments on behalf of the Claimant/Appellant. The Defendant’s arguments will be posted later. I must stress that this is a typed copy of handwritten notes taken in court today. […]
The previous post at https://civillitigationbrief.wordpress.com/2013/11/04/the-importance-of-drafting-witness-statements-that-comply-with-the-rules/ discussed a case where the problems about the witnesses giving information as to source of belief and hearsay evidence. The problems were avoided in that case. However in some cases the failure to give information as to the source of belief has had a major impact on the outcome […]