The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Procedure

Filing – e-mail or fax

The default position under the CPR remains that correspondence should be via the post. If you want to use e-mail or fax then there are clear pitfalls to avoid (and you need to carefully check the PD to Part 5):  

Subscribers only...
 

Construction – adjudication costs

If there is an adjudication in a construction contract dispute, can the referring party recover its adjudication costs?  

Subscribers only...
 

Debt claims – pre-action protocol

The new pre-action protocol for debt claims against individuals came into force on 1 October 2017. It applies to all debt claims brought by businesses (including sole traders and public bodies) against individuals (including sole traders). But, the protocol does not apply to: debt claims against debtors who are not individuals; debt claims covered by other pre-action protocols (eg mortgage arrears); or claims for the recovery of taxes and duties. Key stages of the debt protocol are: 

Subscribers only...
 

Bookmark – litigant in person

We do not normally recommend DIY guides but we are very impressed with ‘How to be a Litigant in Person in the New Legal World’ by Michael Langford. It really is an excellent, and practical, guide to litigation (of all sorts).  

Subscribers only...
 

SAR – judge’s notes

Can a judge’s handwritten notes be disclosable under a subject access request?

Subscribers only...
 

SARs – revised Code

The Information Commissioners Office has updated its code of practice on subject access requests. This is largely to reflect the recent court decisions (noted in our April 2017 issue, p31). In particular, the code has altered its guidance on when a data controller can claim that it will require a ‘disproportionate effort’ to comply with the SAR.

Subscribers only...
 

Arbitration – time limit

The time limit for challenging an arbitration award is 28 days. This short time limit reflects the underlying policy of Arbitration Act 1996, namely the finality of arbitration awards. Note that the time limit of 28 days runs from the date the award is made (not the date on which the award is released to the parties). This is a very important point, since in commercial arbitrations there will often be a delay before the award is released to the parties. This is particularly so if the arbitrator’s fees are outstanding.

Subscribers only...
 

Pleading – protocol compliance?

There is still confusion about whether it is necessary for a claimant to state in the claim form (or particulars of claim) whether they have complied with the relevant protocol.

Subscribers only...
 

RCJ – outdoor clerks

Are we seeing the end of the outdoor clerking profession? The introduction of electronic filing and working (CE-File) in the Rolls Building (soon to be called the Business and Property Courts) has virtually abolished the need for outdoor clerks in those courts – and it must surely be a matter of time before others (eg QBD, Senior Costs Office, and the Mayor and City of London Court) follow suit. With CE-File there is simply no need for outdoor clerking.

Subscribers only...
 

Data protection – subject access requests

These days, subject access requests (SARs) are becoming increasingly common as a civil litigation ploy to obtain information that might not otherwise be disclosable (or to get it disclosed at an earlier stage). In short, SARs have become a tactical tool in litigation. 

Making a valid SAR is straightforward and inexpensive. There is no prescribed format provided it is in writing – indeed the code of practice specifies that data controllers may not insist on the use of a particular form. A written SAR can be made by post, e-mail, fax or even social media. It does not have to be labelled as an SAR, nor make any reference to DPA 1998. Generally, the maximum fee that can be charged by data controllers for dealing with an SRA is £10; a response must be provided promptly (and in any event within 40 days).

Subscribers only...
 
  • «
  •  Start 
  •  Prev 
  •  1 
  •  2 
  •  3 
  •  4 
  •  5 
  •  6 
  •  7 
  •  8 
  •  9 
  •  10 
  •  Next 
  •  End 
  • »


Page 1 of 42

Most-read articles

Resources

IAG International
Join the IBA now!
In House Lawyer
MSI Global Alliance
www.totallylegal.com