Archives: Procedure

This category can only be viewed by members.

Dispensing with service – key issues

July/August 2020 | Procedure

An interesting article considers some of the issues relating to dispensing with service. It is important to ensure that service is carried out correctly because service of the claim form triggers the court’s jurisdiction and from this date, the clock begins for some important procedural deadlines. However, it is not uncommon for problems to be …

This article is only available to subscribers.

CPR Part 36 – nil damages

June 2020 | Procedure

Part 36 is a provision of the CPR which is intended to encourage parties to settle disputes without going to trial. A Part 36 offer may be made by either the claimant or defendant as a tactical step designed to convince the opposing party to settle the claim. If the Part 36 is offer is …

This article is only available to subscribers.

Search orders – preserving documents is the purpose

June 2020 | Procedure

A useful article discusses a recent HC case regarding search orders, which are seen to be one of the most draconian orders the court can make. It authorises a claimant to enter a defendant’s premises to search for, copy and remove documents or other material. The purpose of the order is, as the statutory basis …

This article is only available to subscribers.