Tag: CPR

expert evidence remote hearings

Breaches of court rules on expert advice not tolerated

Expert evidence is important and can help prove a claim or disprove allegations, especially where the case involves matters on which the court does not have the requisite technical or academic knowledge, or the case involves issues of foreign law. Unlike witnesses of fact, a qualified expert is permitted to give opinion evidence on any relevant matter.

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Beware of Limitation Periods: Supreme Court clarifies time periods for litigation claims

In a midnight deadline case, there is a complete undivided day following the expiry of the deadline, which should be included when calculating the limitation period. It is, therefore, crucial that limitation issues are considered at the outset of any potential claims.

Court refuses to amend developers’ £1.5 million cost budget

The High Court has refused permission for two property developers to amend their initial agreed cost budget of approximately £1.5 million after an attempt to request almost double the sums allowed.

CPR Part 36 Part 18 Litigation UK Solicitors

High Court holds Ed Sheeran’s lawyers gave inadequate responses to Part 18 requests in copyright infringement case

The High Court has held that singer Ed Sheeran, ignored CPR Part 18 Requests for Information from Defendants in a copyright infringement case. The Court takes breaches of its rules seriously.

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Contempt of Court: Updated Part 81 of the Civil Procedure Rules

The third amendment to the Civil Procedure Rules 2020 will come into effect from 1 October 2020. Following a public consultation, extensive revisions were undertaken to condense the previous rules and to set out a uniform procedure. The new Part 81 reduces the number of rules from 38 to 10. Our specialist litigation lawyers can advise you in relation to any contempt of Court applications you may wish to issue or defend.

part 36 settlement offer litigation advice

Claimant’s Part 36 offer containing error for relevant period held to be compliant

In the High Court case of Essex County Council v UBB Waste (Essex) Ltd (No 3) [2020] EWHC 2387 (TCC), it was held that a Claimant’s Part 36 offer which failed to correctly set out the relevant period was still deemed compliant with Part 36 of the Civil Procedure Rules.

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Peril of leaving (ineffective) service of litigation claim form to the last minute

Summary of the Court of Appeal judgment in case of Woodward & anor. v Phoenix Healthcare Distribution Limited in which Lexlaw represented the Appellants in place of their former solicitors, Collyer Bristow.