The Practical Lawyer


Errors – duty to other side?

To what extent is a solicitor under a duty to draw an opponent’s attention to a mistake they have in no way contributed to?

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Denton – online resource

Denton [2014] was the important decision in which the CA set out a three-stage approach for assessing applications for relief from sanctions:
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Stay – serve claim form?

A claimant issued Part 8 proceedings for a low-value PI claim. Upon issue, the claimant applied for a stay, which was granted (as were successive stays). The claimant eventually served the claim form within four months of the expiry of the final stay.

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Wrong fee – strike out?

An underpayment of court fees (by putting a low value on a claim) can amount to an abuse of process, and therefore justify striking out. Such incidences will, however, be extremely rare.

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Proportionality – broad-brush approach?

When looking at ‘proportionality’ of costs, should the judge adopt a rigid mathematical approach to each item, or is a broad-brush approach to be preferred?

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Claim – service

L unlawfully evicted T following a disrepair claim (for which T was awarded damages). Two years later, L started proceedings for rent arrears and served those proceedings at the property from which T had been unlawfully evicted.

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Brexit – jurisdiction clauses

We have largely avoided the topic of Brexit, but now that the departure date is becoming ever closer it is necessary to think about the potential jurisdictional consequences that could arise.

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Attachment of earnings – remedy

If an employer fails to make deductions from pay under an attachment of earnings order, does the creditor have any redress against the employer?

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Costs – notice of discontinuance

Can a claimant serve a notice of discontinuance, and then walk away without any costs liability to the defendant?

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Disclosure – Business and Property Courts

A two-year pilot scheme will apply to the Business and Property Courts from January 2019. The idea is to change attitudes to disclosure, and move from a culture based around paper disclosure to one that embraces electronic disclosure. 

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