Practical Law

The Civil Procedure Rules (CPR) do not expressly prohibit a second action where a first action based on many of the same facts and claim has not been successful; in fact CPR 3.4(4) seems to envisage that possibility. However, there are established cases which provide guidance on when a second claim will be held as an … Continue reading When it is appropriate to have a second bite at the cherry: Davies v Carillion Energy Services Limited and another →

Legal privilege is a fundamental base of our English legal system upon which the administration of justice is built. In Ventouris v Mountain, The Italia Express (1991) 1WLR 607, Lord Justice Bingham explained the public interest in a client being: “…free to unburden themselves without reserve to their legal advisors” and their legal advisors being … Continue reading Waiver of privilege even where there is a lack of advice →

With the drive to use technology to make litigation more efficient, it is surprising that we do not make more use of permitted technological aids, such as video link for oral witness evidence.

I am tasked specifically within our firm to deal with cash flow. An important part of that role is to ensure that we get money in as soon as possible on conclusion of a case. In recent years I have seen a shift in balance and attitudes towards payments on accounts of costs. There are … Continue reading Application for payments on account of costs →

A Solicitors Act charge is a tool that solicitors can utilise to recover their costs against a client, where exercising a lien is unavailable, inappropriate or ineffective.

The recent case of Bath v Escott highlights the difference between a judge’s reasoning as evidenced in judgments and the actual decision as recorded in a court order, and the precedence of the latter.