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


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 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

Fixed recoverable costs: “the claimant perspective”
One of the big stories for dispute resolution lawyers this year is Jackson LJ’s review of the fixed recoverable costs regime. Jackson LJ is due to report back to the Lord Chief Justice and the Master of the Rolls by 31 July 2017, so there will be an intense programme of work. Continue reading