Tag Archives: CPR

Statements of Case – Advice mainly to beginners, but we can all learn

 By John Collins Statements of Case Advice mainly to beginners, but we can all learn The standard of statements of case these days, whether for the Claimant or the Defendant, but more particularly for the Claimant, is abysmal. Yet it should be simple and straightforward.  CPR 16.4 says clearly what has to be included in […]

FIVE MORE IMPORTANT POINTS FOR THOSE ISSUING IN HASTE

 By Gordon Exall Friday is ( or may be)  effectively the last day you can issue under the old fee regime.  This is going to be a busy day for many litigators. Here are five points in an attempt to ensure that no long-term problems arise.

Costs and Applications for Pre-action Disclosure

 By Mark Henley It may come as a surprise to many solicitors that there is a presumption that the costs of making and complying with an application for pre-action disclosure are to be paid by the party making the application.

Premature service of Claim Form – avoiding disaster

 By John Collins A problem frequently arises when, for one reason or another – most frequently the late arrival of the client in a solicitor’s office – the limitation period is nearly up, but one has not got the medical report or one has not got the materials needed for the drafting of the Particulars […]

Applications to allow service of Claim Form by alternative method/place – Explain your “Good Reason”

By Nicola Phillipson Dunbar Assets v BCP Premier [2014] EWCA 10 (Ch) but query wheteher this should be [2015] EWCA 10 (Ch) The principles to apply when considering whether to allow an application under 6.15 (service of the CF by alternative method or at an alternative place).  The evidence in support must explain the failure to […]

Help for litigants in person with relief from sanctions should be given only ‘at the margins’

By Frances Lawley Courts frequently look more favourably on litigants in person when it comes to considering relief from sanctions. The Court of Appeal in Nata Lee Ltd v Abid & Anor [2014] EWCA Civ 1652 has confirmed that such treatment should be confined to the ‘margins’.

EXTENSIONS OF TIME TO FILE NOTICES OF APPEAL AND RELIEF FROM SANCTIONS: R (on the application of DINJAN HYSAJ) v Secretary of State for The Home Department: Fathollahipour v Aliabadibenisi: May v Robsinson [2014] EWCA Civ 1633

By Ruwena Khan CPR r.3.9 rears its growling head again…but a more robust approach, nevertheless, should not be taken as encouragement to refuse reasonable extensions of time or to seek tactical advantage in every minor default. The Court of Appeal has ruled that extensions of time to file notices of appeal under CPR r.3.1(2)(a) had […]