Part 36 of the CPR allows a claimant or defendant to make an offer of settlement before trial. If the offer is not accepted and the opposing party does not meet the offer at trial, the court may impose severe costs and/or interest penalties.
A school student had put on her PE kit, and was running to the hockey field. On the way she deviated from the path, and slipped on some mud. She fell, and hurt her elbow.
A credit hire contract will say that the hirer must pay the credit hire charges. It will also say that those charges can be deferred while they are recovered from the negligent third party.
The High Court has recently held that the civil standard of proof should apply to an inquest finding that the deceased took their own life. Prior to this decision, there was a criminal standard (ie ‘beyond a reasonable doubt’).
Disputed will – guidance; procedure Wednesday, 13 February 2019 What should you do if asked for correspondence and other documents in relation to a will you prepared for a client who has since died? Read more...
MoJ – IT meltdown Wednesday, 13 February 2019 Many litigators are no doubt all too aware of the Ministry of Justice (MoJ) January 2019 IT failures that hit the delivery of frontline legal services in some courts. Read more...
Part 36 offers – appropriate Wednesday, 13 February 2019 Part 36 of the CPR allows a claimant or defendant to make an offer of settlement before trial. If the offer is not accepted and the opposing party does not meet the offer at trial, the court may... Read more...
Noise nuisance – liability? Wednesday, 13 February 2019 A recent High Court decision has confirmed that L is not liable for nuisance caused by its T merely because L does not take steps available to prevent the cause of the nuisance, even when L knows... Read more...
RICS – service charges Wednesday, 13 February 2019 We noted the RICS Code of Practice on service charges in our October 2018 issue, p19; the ‘Service Charges in Commercial Property (1st edition)’ comes into force on 1 April 2019. Read more...
Notice of severance – rectification? Wednesday, 13 February 2019 A recent case reminds practitioners of the importance of ensuring that a notice of severance accurately records all of the titles intended to be severed. Read more...
Children – parental responsibility; removal of Wednesday, 13 February 2019 In what circumstances might the court order the removal of PR from the father? The author comments on a recent case which involved a unique set of circumstances justifying the removal of PR. Read more...
Sentencing – contempt of court Wednesday, 13 February 2019 The Court of Appeal has ordered a new trial in relation to a claimant remanded to prison overnight for discussing evidence in a civil case. Read more...
