The Practical Lawyer


Statutory notices – service

The SC has widened the scope of the service of statutory notices.
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E-signatures – pitfalls

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Strike out – start second proceedings?

Suppose a claim is struck out. Can the claimant simply issue a second set of proceedings (or will that be an abuse of process)?
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Litigation – funders

An article in the NLJ makes the point that there is a misconception about funders only being willing to take on multimillion-pound actions. 
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Discontinuance – indemnity costs?

Two topical cases on discontinuance of a claim:
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Witness statement – expert evidence?

Witness evidence (from a non-expert) can be excluded if it contains ‘expert’ evidence:
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Late evidence – sanctions relief?

Permission to serve a late witness statement (expert or non-expert) will be treated as an application for relief from sanctions.
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Part 36 – costs on account?

We all know that Part 36 (which deals with offers to settle and their acceptance) is a self-contained code, which is why the High Court has recently held that there is no power for the court to order a payment on account of costs after a party has accepted a Part 36 offer:
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Proportionality – broad-brush approach

When looking at the ‘proportionality’ of costs, should the judge adopt a rigid mathematical approach to each item, or should it be a broad-brush approach?
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Errors – duty to other side?

To what extent is a solicitor under a duty to draw an opponent’s attention to a mistake they have in no way contributed to?

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Most-read articles

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...
Statutory notices – service
Wednesday, 13 February 2019
The SC has widened the scope of the service of statutory notices. 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...
Incompetence – not discrimination
Wednesday, 13 February 2019
The CA has held that an incompetent process does not amount to discrimination. 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...


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