REUTERS | Rebecca Naden

Time and again in practice one finds that simple procedural points are undecided. You look everywhere for the answer thinking, how can it be possible that there is no guidance about this? Such was the situation in Agents Mutual Limited v Moginnie James Limited, a decision of Master Matthews, where the vexing question was whether an application notice can be amended before it has been disposed of. There is no provision for doing so in the Civil Procedure Rules (CPR) dealing with ordinary applications. Continue reading

REUTERS | Ricardo Moraes

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 the legal aid statutory charge did not apply to a human rights damages claim, which had been brought for breach of P’s confidentiality. Instead, the claim was treated separately. Continue reading