The Practical Lawyer


MIB – liable for injury on private land

The CA has held that the MIB was liable to pay compensation to someone injured in a car accident on private land. 
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Transfer to CFA – beware!

The HC has considered an interesting case relating to a change in funding arrangements part way though a litigation matter. A firm commenced litigation proceedings relating to delay in a meningitis diagnosis under the legal aid scheme.
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Discontinuance – who pays the costs?

When a claimant discontinues a claim, this may result in relief that the matter is over; however the court must decide who should pay the costs of the litigation. A useful article considers some of the issues arising.
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Service – no duty to point out error

The CA has held that there is no obligation on a firm which is incorrectly served with proceedings to notify the claimant’s lawyers of such an error.
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Group action – stays in Liverpool

It is interesting to note that the High Court has refused to transfer a multibillion-pound class action from Liverpool to London. The action involves some 200,000 claimants who are suing a mining company following the collapse of a dam in Brazil which caused loss of life and homes.

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DPS scheme – White Book incorrect

We reported in our March 2019 edition (p30) on the introduction of the Disclosure Pilot Scheme (DPS) for the Business and Property Courts in Birmingham, Bristol, Cardiff, Leeds, Liverpool, London, Manchester and Newcastle.

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RTA claims – no lawyers

The Gazette reports that the MoJ has issued a consultation as to how to create an IT platform to enable unrepresented litigants to progress their own claim.

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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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