Tag Archives: Practice direction

THE AMENDED PRE-ACTION PROTOCOLS ARE OUT: THE LINK

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.

PRE-ACTION CONDUCT: ESSENTIAL CHECKLISTS AND USEFUL LINKS

This is the 5th in the series of “Essential Checklists”. The group “Prequel” (the clue is in the name I guess) set out what they thought were essential elements in Pre-action procedure. PREQUEL’S CHECKLIST PRE-ACTION STEPS, PROTOCOL AND LETTERS BEFORE ACTION  1. Identify whether any of the Pre-Action Protocols apply? If not use the Practice […]

SURVIVING MITCHELL 5: CAN YOU EVEN AGREE EXTENSIONS OF TIME?

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 […]

NEW PRACTICE DIRECTION: RIGHT TO BUY CLAIMS

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 […]

DO YOU HAVE TO FILE FORM H IN PART 8 PROCEEDINGS? SOMETHING YOU SHOULD BE SURE ABOUT

 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 […]

MITCHELL -v- NEWS GROUP NEWSPAPERS: OUTLINE OF CLAIMANT’S SUBMISSIONS

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. […]

WITNESS STATEMENTS & COMPLYING WITH THE RULES 2: THE GROUNDS FOR THE WITNESSES’ KNOWLEDGE OR BELIEF

  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 […]