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Procedure

Witness statement – immunity

A witness’s evidence has the benefit of immunity – which means no civil action can be brought in respect of it (even if the evidence is totally false or fraudulent – although it might result in a criminal prosecution for perjury).

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Costs budget – over-valued claim

If a claim turns out to be worth less than originally envisaged, is that a ‘good reason’ to depart from an agreed budget?

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Judges – ‘legal advisors’

The MoJ has quietly introduced important changes that allow ‘legal advisors’ to take on duties traditionally carried out by judges.

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PN Protocol – adjudication

An amended version of the Pre-Action Protocol for Professional Negligence came into force at the end of April 2018.

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Protocol – costs before action?

What happens to costs if a claim is not brought under the appropriate protocol, but is settled before the start of proceedings?

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Part 36 – strict compliance

Part 36 is a ‘self-contained procedural code’ (CPR 36.1). Being ‘self-contained’, this means that no other rules can be imported.

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Statement of truth – solicitor signing

PD22(3.8) sets out the rules on when a legal representative signs a statement of truth on behalf of a client.
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Part 36 – update

Three noteworthy 2018 cases on Part 36 offers:
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Part 7 – electronic bills

Electronic bills are now compulsory for Part 7 issued multi-track claims (as from 6 April 2018). Note that it only applies to work recoverable that is undertaken after that date. 
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Discovery – data access request!

A recent Irish case throws up the interesting suggestion that ‘discovery’ might extend to disclosing documents that could be obtained by a data subject access request (even though no such request has been made).
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PRs are personally liable for paying IHT on an estate, even where the beneficiaries undertake to pay it themselves but do not do so, the court has confirmed. Read more...
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Rent reviews – which index?
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Japanese knotweed – the cases
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Japanese knotweed is virtually irremovable; only the strongest chemicals will work against it, and simply digging out the roots is not sufficient. Read more...
Financial orders – future earning capacity
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H’s future earning capacity was not a matrimonial asset for the purposes of a financial settlement, the Court of Appeal has ruled. Read more...
Notice – start date?
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Suppose an employee is sent a letter of dismissal by post. The letter is delivered, but the employee is on holiday and says she did not read it until a later date. Read more...
Sentencing – hospital orders; hybrid orders
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In this article, the author (who represented the appellant) considers the making of hospital orders in criminal proceedings, and the use of hybrid orders, following a Court of Appeal ruling. Read more...

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