Tag Archives: procedure

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 […]

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 […]

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 […]

The consequences of non payment of Court fees and the failure to file trial bundles – A recent case considered

 By Elliot Kay Abdulle and others v Commissioner of Police for the Metropolis Summary Despite solicitors for three claimants failing to pay the relevant court fees, failing to file a pre-trial checklist, and failing to prepare a trial bundle (which caused the trial window to be lost) it was nonetheless inappropriate to strike out the […]

The effect of admissions on allocation – Akhtar -v- Boland [2014] EWCA Civ 872

 By Joanna Hastie   The effect of admissions on allocation – Akhtar -v- Boland [2014] EWCA Civ 872 In Akhtar the Court of Appeal considered how an admission made by the Defendant to part of a claim, affected allocation under CPR 26.

WHAT TO DO IF YOU CAN’T GET A STATEMENT FROM A WITNESS IN TIME BUTYOUWANT TO RELY ON WHAT THEY HAVE TO SAY: WITNESS SUMMARIES (R.32.9 CPR)

By Vilma Vodanovic Rule 32.9 CPR (link to rule 32.9) allows for a party to file a witness summary in place of a witness statement if that party is unable to obtain a witness statement. This is a useful tool if you can’t get a statement to serve in time but you know what the […]