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Procedure

LiP – keep informed?

We do not usually report on changes which are not yet in force. However, litigators have been warned to expect changes to the processes relating to litigants in person which might come into effect on 6 April 2019 through an SI (subject to parliamentary approval). 
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EJ judgments – no removal from online register

Since February 2017 all ET judgments and written reasons have been published online. Whether a tribunal has the power to remove a judgment from the online register was considered recently.
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Unknown defendant – no claim

The Gazette reports on the SC decision about whether a motor insurer can sue an unnamed defendant.
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Bill of costs – fixed costs case

A recent decision of the Senior Courts Costs Office reminds solicitors that a client is entitled to a bill of costs even in a fixed costs case.
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Civil legal aid – backdated

The Legal Aid Agency (LAA) has announced that from 20 February 2019, the director of legal aid casework will have discretionary powers to backdate some civil legal aid determinations. 
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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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Most-read articles

Probate fees – increase
Tuesday, 09 April 2019
The much-criticised increase in probate fees comes into effect in April 2019 and apply whether or not a solicitor is involved.  Read more...
SRA – Standards and Regulations introduced November 2019
Tuesday, 09 April 2019
We reported in our February 2019 edition (p32) and March 2019 edition (p33) that the SRA is phasing in its introduction of the new ’Standards and Regulations’ which will replace the 2011... Read more...
LiP – keep informed?
Tuesday, 09 April 2019
We do not usually report on changes which are not yet in force. However, litigators have been warned to expect changes to the processes relating to litigants in person which might come into effect on... Read more...
Interim costs order – when to exercise
Tuesday, 09 April 2019
The Gazette reports on an interesting County Court case where an interim costs order has been granted to solicitors where the full value of the claim will not be quantified until 2022. Read more...
Defective Premises Act – L liable
Tuesday, 09 April 2019
The CA has held that a social L was liable to a T for injury caused due to a faulty drain cover. Read more...
Service charges – recovery of more than 100%?
Tuesday, 09 April 2019
We reported in our February 2019 edition (p24) that the RICS Code of Practice Service Charges in Commercial Property (1st edition) comes into force on 1 April 2019. Read more...
Allotments – protection
Tuesday, 09 April 2019
With the increasing pressure to build new homes, there is a possibility that areas designated for allotments might be under threat of development. Read more...
Children – standard of proof
Tuesday, 09 April 2019
The Court of Appeal refused F’s appeal against the judge’s findings in care proceedings under Part IV CA 1989 that he had sexually abused his daughter (Y). Read more...
NDA – ignoring!
Tuesday, 09 April 2019
Recently, some employees have spoken publicly about sexual harassment in breach of NDA confidentiality obligations.  Read more...
Offences – assault; emergency workers
Tuesday, 09 April 2019
The Assaults on Emergency Workers (Offences) Act 2018 follows the increasing number of assaults on emergency workers in the UK.  Read more...

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