- June 5, 2017
Hearsay notices and witness summaries
There are numerous reasons why a witness may be unable or unwilling to assist a party in litigation, either by providing a witness statement, attending court or both. In such circumstances, careful consideration should be given to how that evidence can be adduced.
- May 10, 2017
New Pre-Action Protocol for Debt Claims
In March 2017, a new Pre-Action Protocol for Debt Claims was published by the Ministry of Justice (MoJ) and will come into effect on 1 October 2017. It has taken some time to finalise, with drafters seeking to balance the need for processes not to be overly burdensome on creditors against the protection of consumers.
- April 6, 2017
Tying yourself in a knot(weed): Waistell v Network Rail Infrastructure Limited
A county court judge, Recorder Grubb, gave a judgment (Waistell v Network Rail Infrastructure Limited (2017) (County Court) (unreported)) in what is thought to be the first decided claim for damages arising from the existence of Japanese Knotweed on a neighbour’s land. Although it is not a binding decision, it could open the floodgates for … Continue reading Tying yourself in a knot(weed): Waistell v Network Rail Infrastructure Limited →
- March 8, 2017
Do ATE policies represent good value for money for clients?
Over the past year, it has become increasingly difficult to obtain after the event (ATE) insurance for lower value multi-track work. Additionally, where ATE cover has been offered, the premiums could be as high as 40-50% of the level of indemnity sought. In some instances, lower value multi-track claims (values of £25,000 – £100,000) with … Continue reading Do ATE policies represent good value for money for clients? →
- January 19, 2017
Children’s legal aid funding and the LAA’s statutory charge
Towards the end of 2016, there was an interesting judgment from Keehan J in P v A Local Authority, which related to proceedings involving a child (P), a local authority and the Legal Aid Agency (LAA). In a decision that considered matters under the Human Rights Act 1998 (HRA) and CPR 21, Keehan J determined that … Continue reading Children’s legal aid funding and the LAA’s statutory charge →
- December 13, 2016
When is a costs budget not a costs budget?
In a recent County Court case (Narinder Singh Birdi v Balwinder Singh Birdi), where I acted for the defendant against his brother, the claimant’s original particulars of claim were struck out due to numerous irregularities which meant that neither the defendant nor the court could identify exactly what was being claimed. The claimant filed amended … Continue reading When is a costs budget not a costs budget? →