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Procedure

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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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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Power of attorney – validity
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The powers of attorney in a recent case were granted in the context of a share sale, but private client practitioners will benefit from the clarity given by the court on the validity and execution of... Read more...
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We have reported above that LeO has issued updated costs guidance. Costs complaints often involve disputes above whether VAT was included in the price. The updated guidance states that VAT is often... Read more...
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Group action – stays in Liverpool
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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... Read more...
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Wednesday, 12 June 2019
Fixed recoverable costs (FRC) prescribe the amount of damages that can be claimed back from a losing party in civil litigation; they are a way of controlling the legal costs by giving certainty in... Read more...
Section 21 notice – amended form introduced
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Under Housing Act 1988 an s21 notice gives L an automatic right of possession without having to give any grounds once the fixed term has expired. The notice cannot be used to gain possession during... Read more...
RV – can demand be assumed?
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To calculate the rateable value (RV) of a property, a valuation officer (VO) must work out what the open market rent would be for the property by applying the rating hypothesis. The purpose is to... Read more...
Proprietary estoppel – successful claim
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Proprietary estoppel is a remedy which prevents the legal owner of a property from asserting their strict legal right in relation to that property when it would be unconscionable to allow him to do... Read more...
Children – care plans
Wednesday, 12 June 2019
What is the court’s approach where there is an impasse with the LA regarding an important element in a care plan? In this case, the CA found that the trial judge’s invitation to the LA to... Read more...
ET fees – £16m still owing
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