LEVEL 6 - UNIT 15 CIVIL LITIGATION SUGGESTED ANSWERS - JANUARY 2016
|
|
- Owen Miller
- 5 years ago
- Views:
Transcription
1 Note to Candidates and Tutors: LEVEL 6 - UNIT 15 CIVIL LITIGATION SUGGESTED ANSWERS - JANUARY 2016 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students should have included in their answers to the January 2016 examinations. The suggested answers set out a response that a good (merit/distinction) candidate would have provided. The suggested answers do not for all questions set out all the points which students may have included in their responses to the questions. Students will have received credit, where applicable, for other points not addressed by the suggested answers. Students and tutors should review the suggested answers in conjunction with the question papers and the Chief Examiners reports which provide feedback on student performance in the examination. Question 1(a) See attached N1 Claim form. Question 1(b) In the CCMCC Claim No: Mr Thomas Digby Claimant and Mrs Vanessa Blooming Defendant Particulars of Claim 1. On 12 July 2015 the Claimant and Defendant were involved in a road traffic collision. 2. The Claimant, Mr Thomas Digby, was the owner and driver of a VW Passatt, vehicle registration number TD The Defendant, Miss Vanessa Blooming, was driving a Ford Fiesta, vehicle registration number YA12 7AD. Page 1 of 9
2 4. The circumstances were that the Claimant was in his vehicle and was travelling along Transly Street, Bedford. The Claimant was correctly proceeding straight through the traffic light controlled junction, which is a crossroad with Baker Street, when the Defendant turned right across the Claimant s path, into Baker Street, resulting in a collision between the vehicles. 5. The collision was caused by the negligence of the Defendant. PARTICULARS OF NEGLIGENCE The Defendant was negligent in that she: (a) drove too fast in the circumstances. (b) failed to keep any or any proper lookout or to observe or to heed the presence of the Claimant or her car. (c) failed by means of the brakes, steering gear or otherwise to manage and control the car so as to avoid the collision. (d) failed to slow down or stop to give way to the Claimant s car before turning right across and into the path of the oncoming Claimant s car. (e) drove into collision with the Claimant s car or alternatively drove directly into the path of the Claimant s car thereby affording the Claimant no opportunity to avoid a collision. By reason of the above the Claimant has suffered pain, injury, loss and damage. Full particulars of which are set out below and in the medical report and schedule of losses annexed. PARTICULARS OF INJURY The Claimant s date of birth is 03/05/63. The Claimant s national insurance number is YY112233Y. The Claimant suffered a whiplash injury to his neck, back and right shoulder. The Claimant s injuries are verified in a medical report prepared by Dr Hanna dated 5 th October PARTICULARS OF SPECIAL DAMAGE The Claimant s losses are set out in the schedule of losses annexed. 6. The Claimant is entitled to and claims interest pursuant to s69 County Courts Act 1984 on damages at the rate of 8% per annum on the amounts found to be due from the Defendant for such periods as the Court shall think fit. AND the Claimant claims: 1. Damages to be assessed 2. Interest pursuant to s69 of the County Courts Act 1984 to be assessed. Page 2 of 9
3 Statement of Truth I believe the facts stated in these particulars of claim are true. Signed: Dated: The Claimant s address for service is Kempstons LLP of The Manor House, Bedford, MK42 7AB. Ref: TD/RTA/7795. Question 2(a) In respect of the potential funding for Mr Bosko s claim, there are a number of options. The claim could be funded by a CFA, a conditional fee agreement also known as a no-win-no-fee agreement. CFA s are governed by the Courts and Legal Services Act 1990 (CLSA), CFA Order 2013 and the Solicitors Regulation Authority Code of Conduct (SRACC) A CFA is a funding agreement entered in to with the client and if the client wins the claim then the lawyers are able to recover their costs. If the claim is unsuccessful then the lawyers do not recover a fee for their work. There is a risk attached to a CFA that no costs may be recovered if the claim is unsuccessful. If the client wins, the legal representatives are entitled to charge an uplift (also known as a success fee) on their base costs as a percentage. This type of funding agreement is appropriate for personal injury claims and would therefore be appropriate to Mr Bosko s case. He would be liable for the success fee if he wins the case as the funding agreement is post April 2013 and the legal representatives are not now able to recover this from the other party. In personal injury cases the success fee is limited to 25% of the client s general damages for pain, suffering and loss of amenity and damages for past monetary losses. If the client was to be funded on a CFA basis, it would be advisable for him to obtain an after the event insurance (ATE) policy. The client would be charged a premium for the policy but it protects the client if he lost the claim and was liable for the opponent s costs. The ATE premium would pay the opponent s costs. The ATE is not a recoverable disbursement from the losing party. The claim could be funded by a Damages Based Agreement (DBA), these apply to personal injury cases. DBA s are governed by the CLSA 1990, DBA Regulations 2013 and SRACC If the client wins the claim, funded under a DBA, the legal representative is entitled to a maximum of 25% of the client s general damages for pain, suffering and loss of amenity and past monetary losses. If the client is funded under a DBA and loses, the client will be liable for the opponent s costs including VAT and disbursements and his own disbursements but not his lawyer s costs. Again, an ATE policy would be advisable. However, the client may choose not to take out ATE insurance because of QOCS (Qualified One Way Costs Shifting). Page 3 of 9
4 The case could be funded privately, where the client pays for the works done on his case on an hourly basis at the rate of the fee earner dealing with the case, but this is unlikely in a personal injury case. The client may have legal expenses insurance on an insurance policy (eg home or car insurance or a trade union policy) and if so this funding could be used in his case. Question 2(b) Upon issue and service of the claim, the Defendant has a specific time in which to respond to proceedings. A response is due by the Defendant within 14 days after service of the claim form. If the claim is admitted, the Defendant should file an admission to the claim under CPR Pt 14. Judgment on admission should then be sought by the Claimant. Judgment on admission will then by ordered by the court in favour of the Claimant, with the amount to be paid confirmed to be due within 14/28 days or by instalments. Within 14 days of the service of proceedings a response by way of either an acknowledgement of service or defence is due. If an acknowledgment of service is filed in time, the Defendant then has 28 days from the date of service to file a defence. The requirement to file an acknowledgment of service is governed by CPR Pt 10 and a defence by CPR Pt 15. In the absence of acknowledgment of service or a defence being filed and the time for doing so has passed, the Claimant can request judgment in default of an acknowledgment or service or a defence being filed under CPR Part 12. This is judgment in default of not following the correct procedure. Question 2(c) Disclosure is governed by CPR Pt 31. A party discloses a document by stating that the document exists or has existed. There is an ongoing duty to disclose. Each party has a duty to disclose documents in their control/possession and either supports their claim, supports the other parties claim or adversely affects their claim. Possession means physical possession, the right to possession to a document and a document that the party had possession of but is no longer in possession of. Mr Bosko s claim is likely to be allocated to the Fast Track and therefore standard directions would apply. Standard direction in fast track cases is disclosure 4 weeks after allocation. There is a duty to advise the client to search for documents related to the matter, to disclose documents and the consequences of failing to disclose. The procedure for disclosure is disclosure by list, form N265/list of documents setting out the documents that are in the party s control that the party intends to rely upon, privileged documents and documents that are no longer in the parties control. The list of documents contains a disclosure statement, to be signed by the party (authorised party) confirming full disclosure has been made. Privileged documents are not required to be disclosed. In respect of Mr Bosko s claim he would be required to disclose documents to prove liability and quantum. Documents in support of liability and quantum will Page 4 of 9
5 include the environmental health report and food safety management report from the restaurant, loss of earnings information (ie wage slips and letter from employer), witness evidence, expert evidence eg Dr Vorris, GP/hospital records. The consequences for non-compliance may include the court not allowing the party to rely on documents at trial resulting in potentially no evidence being presented at trial, strike out and making an application from relief from sanction. Question 2(d) An expert is an expert by qualification and experience and has a duty to provide guidance to the court upon the expertise, to assist the court. The rules relating to expert evidence are governed by CPR (Civil Procedure Rules) Part 35. The role and duty of the expert is to the court to report on opinions within their expertise and these are usually presented to the court by way of a written report. Experts are independent. Permission to rely on expert evidence is required by the court and this should be sought in the directions questionnaire. Specific permission needs to be sought from the court to rely on a specific expert within a specific field of expertise. Permission should therefore be sought to rely on Dr Vorris medical report at trial. Permission will only be given to rely upon his written report unless further specific permission for oral expert evidence is also sought and obtained. Question 3(a) Before proceeding to act for Mrs Newberry three initial checks should be undertaken. A money laundering check should be undertaken in order to comply with the Money Laundering Regulations This requires the client to provide identification and proof of address, usually in the form of a passport and utility bill. Mrs Newberry s documents will be required as she is a sole trader rather than a limited company. Limitation needs to be checked to ensure the case is able to be pursued within the relevant time period under the Limitation Act The limitation period is 6 years for a breach of contract, calculated from the date of the breach. The contract is dated 7 January 2015 and there are no limitation issues. A conflict of interest check must be undertaken as required under chapter 3 SRA SCC 2010, to avoid a conflict of interest. Both parties names are required for this check to be completed. Question 3(b) Mrs Newberry should be advised that proceedings should not be issued at this stage. It should be explained that there is a requirement of the parties to comply with the pre-action protocol before proceedings are issued. The pre-action protocol in this case involves a letter before claim being issued, followed by a chaser letter. Page 5 of 9
6 The parties should attempt to negotiate before issuing proceedings in accordance with CPR Pt 1 and the overriding objective. The parties should attempt alternate dispute resolution before issuing court proceedings by the methods of negotiation, mediation, conciliation or arbitration. If the parties do not following the pre-action protocol or attempt to settle before issuing court proceedings, the court may impose sanctions. Sanctions may include costs sanctions. Question 3(c) Mrs Newberry can enforce the unsatisfied judgment. The Claimant may make an application to obtain information under CPR Pt 71, to identify the assets of the Defendant. As the Defendant has a trading property checks should be carried out with the Land Registry to confirm whether it owns the premises. If so, the Claimant could apply for a charging order against the property. An application would be made to the court. If the judgment remains unsatisfied and the property is in the name of the Defendant, the court will grant an interim charging order. The interim charging order must be registered against the property at the land registry. A final charging order hearing will be listed and if the judgment remains unsatisfied and the property is still in the name of the Defendant, the court will grant a final charging order. The final charging order should be registered against the property at the land registry. Charging orders are governed by CPR Part 73. The Claimant could apply for an order for sale. It seems likely that the Defendant has assets. The Claimant could enforce the judgment by taking control of goods governed by the Taking Control of Goods Regulations 2013 and Part 3 of the Tribunals, Courts and Enforcement Act As the unsatisfied judgment is over 5k it is enforced via the High Court by a High Court Enforcement Officer and the issue of a Writ of Control. There are 4 stages to this enforcement method. The compliance stage requires that the High Court Enforcement Officer must serve a Notice of Enforcement, giving the debtor seven clear days to pay in full. The High Court Enforcement Officer could obtain a controlled goods agreement with a view to taking control/possession of goods. If goods are taken by the High Court Enforcement Officer, the debtor must be given seven days notice of a sale. Certain items are exempt from being taken by the High Court Enforcement Officer. The Defendant could argue that a vehicle or goods are required for business purposes and are therefore excluded. Tools of the trade are only exempt to a maximum value of 1,350. If the Defendant owns a vehicle it must be immobilised for two hours before it can be removed. The Defendant may start proceedings to make the Defendant insolvent. This can be an effective option but can be risky and costly. This would be instigated by the issuing of a statutory demand, for debts over 750. This allows the Defendant 21 days to make payment. It may prompt the Defendant to pay. If this is not effective, a winding up petition may be issued against the limited company. The winding up petition is made to indicate the Defendant is no longer solvent as the Defendant is unable to pay its debts. Page 6 of 9
7 Question 4(a) As Mr Ahmed was an employee of Sunny Dairies Limited and his accident happened at work, the Ministry of Justice Employer Portal for the Low Value Personal Injury Protocol applies. Stage 1 includes submitting the Claims Notification Form to the third party insurers (TPI) to establish liability. The TPI have 1 day to acknowledge the claim and 30 working days to confirm whether liability is admitted. If liability is not admitted the claim exits the process. If liability is admitted the claim proceeds to stage 2. At stage 2, the quantum documents are submitted including the special damages documents and medical evidence along with a quantum offer to settle the claim. The TPI have 15 working days to respond to the stage 2 quantum offer and if they do the stage 2 period extends to 35 working days to negotiate quantum. An additional 5 working days will be allowed to negotiate if an offer is made within 5 days or less of the expiry of the 35 days, amounting to 40 working days. If there is no response within the 15 days the claim exits the process. If there is no agreement on quantum reached at the end of stage 2 the matter proceeds to stage 3. Stage 3 involves submitting the court proceedings pack for a quantum hearing, to be considered at a paper hearing or an oral hearing. Question 4 (b) Dear Mr Ahmed Re: Your Employers Liability Claim - Accident on 1 st August I write further in this matter to update you on your claim. As you are aware, proceedings have been issued and the Defendant, Sunny Dairies Ltd, has filed a defence. I am now in the process of completing a directions questionnaire to provide the court with sufficient information to allocate your case to the appropriate track and list appropriate directions in preparation for your claim to trial. As your claim is a claim for damages for personal injury over 1, but below 25,000.00, the claim will be allocated to the fast track. Upon allocation to the fast track, the court will list standard directions to prepare your case ready for trial. Standard directions include disclosure of documents to take place 4 weeks after allocation, mutual exchange of witness statements within 10 weeks after allocation and expert evidence to be exchanged within 14 weeks after allocation. If we are to rely on an expert s report we must apply for the court s permission to rely upon a report from a medical expert in support of your claim for personal injury. The court will send out a pre-trial checklist 20 weeks after allocation and provide a direction that pre-trial checklists/listing questionnaires be filed 22 weeks after allocation. This document is to confirm the parties are ready for trial. Page 7 of 9
8 The trial will be listed within a 3 week trial window, within 30 weeks of allocation. The trial will be limited to a 1 day hearing. Please note, you will be required to attend court to give evidence. Please let me know if you have any holidays booked for within the next six months so that I can inform the court. If you have any queries on the above please do not hesitate to contact me, otherwise I will update you again once I have heard from either the court or Defendant. Yours sincerely Trainee Lawyer Question 4(c) The court has discretion as to costs including whether costs are payable by one party to another, the amount of those costs and when they are to be paid. The general principle on costs, under CPR part 44, is that the losing party pays the winning party s costs, however this is at the judge s discretion. If you are successful in your claim, the court will usually award costs in favour of the Claimant, summarily assessed at the end of the hearing. In preparation for the hearing, a statement of costs, signed by a partner, must be filed, on form N260, at least two days prior to the Hearing. In deciding what order to make about costs, the court will take into account the conduct of all the parties, whether a party has succeeded on part of its case, whether a Claimant who has succeeded in the claim, in whole or in part, or if a Claimant has exaggerated its claim, in accordance with part 44.2(4) CPR. Under part 44 CPR, the Court has the discretion as to costs and whether costs are payable by one party to another, the amount of those costs and when they are to be paid. Part 45 sets out fixed costs that can be claimed where a claim falls within the Pre-Action for Low Value Personal Injury Claims (Employers Liability and Public Liability) including where claim exits the portal. The costs will be a fixed amount plus a fixed percentage of the damages. Part 45.29E - if the claim is disposed of at trial, fixed costs are the total of (a) 4,280; (b) 30% of the damages agreed or awarded; and (c) the relevant trial advocacy fee plus reasonable disbursements. The court will also consider whether any part 36 offers have been made and which party has beaten the part 36 offer. The court will award costs penalties when it is just to do so. The court will consider when the offer was made, the information available to the parties at the time the offer was made, the conduct of the parties in relation to the offer (ie reasonableness). If the judge awards Page 8 of 9
9 damages in excess of the Defendant s part 36 offer the nominal order for costs will follow. If the judge awards damages equal to or less than then a split order may be made. Costs are paid on a standard basis. Page 9 of 9
RTA Post Jackson How to deal with them 3 months on what have we learned?
www.clerksroom.com Administration: Equity House Blackbrook Park Avenue Taunton Somerset TA1 2PX DX: 97188 Taunton Blackbrook T: 0845 083 3000 F: 0845 083 3001 mail@clerksroom.com www.clerksroom.com RTA
More informationSTANDARD CFA TERMS AND CONDITIONS FOR PERSONAL INJURY CASES TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT BETWEEN SOLICITOR AND COUNSEL
STANDARD CFA TERMS AND CONDITIONS FOR PERSONAL INJURY CASES TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT BETWEEN SOLICITOR AND COUNSEL FOR USE AFTER 31 JANUARY 2013 PLEASE NOTE: THESE TERMS WILL
More informationTHIS PRACTICE DIRECTION SUPPLEMENTS CPR PARTS 43 TO 48
PRACTICE DIRECTION PART 43 PRACTICE DIRECTION ABOUT COSTS THIS PRACTICE DIRECTION SUPPLEMENTS CPR PARTS 43 TO 48. SECTION 1 INTRODUCTION. SECTION 2 SCOPE OF COSTS RULES AND DEFINITIONS. SECTION 3 MODEL
More informationLEVEL 6 - UNIT 15 CIVIL LITIGATION SUGGESTED ANSWERS - JUNE 2013
Note to Candidates and Tutors: LEVEL 6 - UNIT 15 CIVIL LITIGATION SUGGESTED ANSWERS - JUNE 2013 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points
More informationTHE CHARTERED INSTITUTE OF LEGAL EXECUTIVES UNIT 15 CIVIL LITIGATION *
14 January 2016 Level 6 CIVIL LITIGATION Subject Code L6-15 THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES UNIT 15 CIVIL LITIGATION * Time allowed: 3 hours plus 15 minutes reading time Instructions to Candidates
More informationLamb Chambers short form CFA for use between solicitors and counsel on or after 1 April 2013
Lamb Chambers short form CFA for use between solicitors and counsel on or after 1 April 2013 Csl s Ref: Sol s Ref: Definitions 1. In this agreement: Counsel means: and any other counsel either from Lamb
More informationThe learner can: 1.1 Distinguish between the civil and criminal jurisdiction. 1.2 Explain the scope of civil litigation.
Unit 9 Title: Civil Litigation Level: 3 Credit Value: 7 Learning outcomes The learner will: 1 Understand the context of civil litigation within the English and Welsh legal system Assessment criteria The
More informationPrivately Funded Civil Litigation CFAs and DBAs Frequently Asked Questions
Privately Funded Civil Litigation CFAs and DBAs Frequently Asked Questions Updated October 2017 The Bar Council frequently receives enquiries from barristers and clerks in relation to Conditional Fee Agreements
More informationIn cases where there is no Protocol in place then parties are expected to abide by the guidelines set down in Section III of the PDPAC and Annex A.
LEVEL 6 UNIT 15 CIVIL LITIGATION SUGGESTED ANSWERS JUNE 2011 Note to Candidates and Tutors: The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students
More informationGENERAL RULES ABOUT COSTS
PRACTICE DIRECTION PART 44 DIRECTIONS RELATING TO PART 44 GENERAL RULES ABOUT COSTS SECTION 7 SOLICITOR S DUTY TO NOTIFY CLIENT: RULE 44.2 7.1 For the purposes of rule 44.2 client includes a party for
More informationDefence and Counterclaim Training. By Andrew Mckie Barrister Clerksroom.
Defence and Counterclaim Training. By Andrew Mckie Barrister Clerksroom Email andrewmckie@btinternet.com/ mckie@clerksroom.com Telephone Mobile: 07739 964012 Office: 0845 083 3000 Website www.clerksroom.com
More informationUNIT 15 - Civil Litigation. Suggested Answers June 2010
UNIT 15 - Civil Litigation Suggested Answers June 2010 Note to Candidates and Tutors: The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students
More informationUNIT 15 CIVIL LITIGATION SUGGESTED ANSWERS - JANUARY 2012
Note to Candidates and Tutors: UNIT 15 CIVIL LITIGATION SUGGESTED ANSWERS - JANUARY 2012 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students
More informationADGM COURTS PRACTICE DIRECTION 4
ADGM COURTS PRACTICE DIRECTION 4 PARTICULAR CLAIMS OTHER THAN SMALL CLAIMS PRACTICE DIRECTION 4 PARTICULAR CLAIMS OTHER THAN SMALL CLAIMS Table of Contents A. EMPLOYMENT CLAIMS... 1 B. GROUP LITIGATION
More informationFOR USE AFTER 1 NOVEMBER
APIL / PIBA 6 STANDARD TERMS AND CONDITIONS POSTED ON THE APIL AND PIBA WEBSITES AND TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT BETWEEN SOLICITOR AND COUNSEL FOR USE AFTER 1 NOVEMBER 2005 INDEX
More informationPIBA S ANALYSIS OF ISSUES ARISING FROM THE JACKSON REFORMS
For the Civil Justice Council 27.2.2014 PIBA S ANALYSIS OF ISSUES ARISING FROM THE JACKSON REFORMS 1. The types of cases being taken on (and not being taken on) by law firms Some barristers are already
More informationIN THE HIGH COURT OF JUSTICE B ~ and ~
SCHEDULE OF COSTS PRECEDENTS PRECEDENT C IN THE HIGH COURT OF JUSTICE 1999 - B - 9999 QUEEN'S BENCH DIVISION BRIGHTON DISTRICT REGISTRY BETWEEN AB ~ and ~ CD Claimant Defendant CLAIMANT'S BILL OF COSTS
More informationThe Civil Procedure (Amendment) Rules 2013
STATUTORY INSTRUMENTS 2013 No. 262 (L. 1) SENIOR COURTS OF ENGLAND AND WALES COUNTY COURTS, ENGLAND AND WALES The Civil Procedure (Amendment) Rules 2013 Made - - - - 31st January 2013 Laid before Parliament
More informationYour jargon buster for your litigation case.
Your jargon buster for your litigation case. Your guide to litigation. dbslaw.co.uk 0800 157 7055 Birmingham - Nottingham Contents Page Introduction Court Process Preliminaries Pre-Issue and Trying to
More information2011 No. 586 (L. 2) SENIOR COURTS OF ENGLAND AND WALES COUNTY COURTS, ENGLAND AND WALES. The Civil Proceedings Fees (Amendment) Order 2011
S T A T U T O R Y I N S T R U M E N T S 2011 No. 586 (L. 2) SENIOR COURTS OF ENGLAND AND WALES COUNTY COURTS, ENGLAND AND WALES The Civil Proceedings Fees (Amendment) Order 2011 Made - - - - 28th February
More informationGuide: An Introduction to Litigation
Guide: An Introduction to Litigation Matthew Purcell, Head of Dispute Resolution Saunders Law Solicitors The aim of this guide This guide is designed to provide an outline of how to resolve a commercial
More informationLegal Aid, Sentencing and Punishment of Offenders Bill: Implications for Personal Injury Litigation
www.mcdermottqc.com Legal Aid, Sentencing and Punishment of Offenders Bill: Legal Aid, Sentencing and Punishment of Offenders Bill: The Legal Aid, Sentencing and Punishment of Offenders Bill covers a wide
More informationGENERAL RULES ABOUT COSTS
GENERAL RULES ABOUT COSTS PART 44 PART 44 Contents of this Part Rule 44.1 Rule 44.2 Rule 44.3 Rule 44.3A Rule 44.3B Rule 44.3C Rule 44.4 Rule 44.5 Rule 44.6 Rule 44.7 Rule 44.8 Rule 44.9 Rule 44.10 Rule
More informationPROCEDURE FOR DETAILED ASSESSMENT OF COSTS AND DEFAULT PROVISIONS
PRACTICE DIRECTION PART 47 DIRECTIONS RELATING TO PART 47 PROCEDURE FOR DETAILED ASSESSMENT OF COSTS AND DEFAULT PROVISIONS SECTION 28 TIME WHEN ASSESSMENT MAY BE CARRIED OUT: RULE 47.1 28.1 (1) For the
More informationTHE CHANCERY BAR ASSOCIATION S CONDITIONAL FEE CONDITIONS The following expressions used in these Conditions have the following
THE CHANCERY BAR ASSOCIATION S CONDITIONAL FEE CONDITIONS 2010 PART 1 1. The following expressions used in these Conditions have the following meanings: the Action the action or proposed action referred
More informationSolicitor/client costs
Solicitor/client costs Judith Ayling 15 May 2018 Getting the retainer wrong Radford v Frade [2016] EWHC 1600 (QB), [2016] 4 Costs L.O. 653 (Warby J, on appeal from Master Haworth) The appellants submitted
More information1.1 Explain when it is necessary and appropriate to make an interim application to the court
Title Tactics and costs in Commercial Litigation Level 4 Credit value 7 Learning outcomes The learner will: 1 Understand the procedures for making an interim application to the court Assessment criteria
More informationTHE CHARTERED INSTITUTE OF LEGAL EXECUTIVES RIGHTS OF AUDIENCE QUALIFICATION SCHEME
THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES RIGHTS OF AUDIENCE QUALIFICATION SCHEME GUIDELINES FOR APPLICANTS COMPLETING AN APPLICATION FOR A CERTICATE OF ELIGIBILITY INTRODUCTION These guidance notes
More informationLitigation alternatives - Personal Injury Arbitration
Litigation alternatives - Personal Injury Arbitration Contents Executive Summary 2 The problem 4 Clyde & Co s solution 6 Which claims? 7 Advantages 7 PIcArbs process 8 Costs process 10 PIcArbs process
More informationInstruction to transfer-up (if necessary) and enforce a County Court order of possession by Writ of Possession
Tel: 0333 001 5100 Fax: 0333 003 5120 property@thesheriffsoffice.com The Sheriffs Office Airport House, Purley Way Croydon CR0 0XZ DX 156870 Croydon 41 Instruction to transfer-up (if necessary) and enforce
More informationGuide to Personal Injury Claims Procedure
Guide to Personal Injury Claims Procedure Second Edition John McQuater LLB, LLM Head of Litigation, Atherton Godfrey Solicitors Published by Jordan Publishing Limited 21 St Thomas Street Bristol BS1 6JS
More informationBefore : HIS HONOUR JUDGE PLATTS Between : - and -
IN THE MANCHESTER COUNTY COURT Case No: 2YJ60324 1, Bridge Street West Manchester M60 9DJ Date: 29/11/2012 Before : HIS HONOUR JUDGE PLATTS - - - - - - - - - - - - - - - - - - - - - Between : MRS THAZEER
More informationThe Current Regime. Unreasonable Behaviour
Lord Justice Jackson s Supplemental Report into Civil Litigation Costs After many months of work, Lord Justice Jackson s report on fixed costs is now available. This briefing considers his proposals and
More informationINSURANCE SCOTLAND GUIDE
INSURANCE SCOTLAND GUIDE CONTENTS 54 Introduction 76-9 The Personal Injury Protocols Personal Compulsory Injury Pre-action Protocols Disease Voluntary Pre-action Protocols Professional Disease Risks Professional
More informationUnfair dismissal is a claim that can be made by certain employees that their employer acted unreasonably in terminating their employment.
EMPLOYMENT TRIBUNAL: UNFAIR AND/OR WRONGFUL DISMISSAL At Paris Smith we provide prompt and practical advice both to employees and employers for bringing and defending claims for unfair or wrongful dismissal.
More informationChildren Cases and the Recovery of a Success Fee CPR 47, CPR 21, PD21 and PD46
CPR Update Robert Mills, St John s Chambers Published on 19 th October 2015 Below the key changes to the CPR from the 78 th 81 st Updates are analysed. This is not a complete list of all changes, but is
More informationThe rules and background to fundamental dishonesty Ben Handy, St John s Chambers
The rules and background to fundamental dishonesty Ben Handy, St John s Chambers Published on 3 rd February 2016 What is fundamental dishonesty? Simply, dishonesty that is fundamental! It is not defined
More informationMIB Untraced Drivers Agreement
MIB Untraced Drivers Agreement THIS AGREEMENT is made on the 28 th February 2017 between the SECRETARY OF STATE FOR TRANSPORT ( the Secretary of State ) and the MOTOR INSURERS BUREAU ( MIB ), whose registered
More informationLORD JUSTICE JACKSON S REVIEW OF CIVIL LITIGATION COSTS FINAL REPORT. Summary of Recommendations
LORD JUSTICE JACKSON S REVIEW OF CIVIL LITIGATION COSTS Recommendations: Executive Summary FINAL REPORT Summary of Recommendations Lord Justice Jackson s report contained an executive summary of his recommendations
More informationPERSONAL INJURY CLAIMS
PERSONAL INJURY CLAIMS Frequently Asked Questions 1. Can I make a claim? If you have been injured because of the fault of someone else, you can claim financial compensation through the courts. The dependants
More informationSally Anne Hyde v- Milton Keynes Hospital NHS Foundation Trust
Contents Sally Anne Hyde v- Milton Keynes Hospital NHS Foundation Trust 1 Kai Surrey (by his Mother and Litigation Friend Amy Surrey) v- Barnett & Chase Farm Hospitals NHS Trust 5 Nirjalmit Mehmi v- Mr
More informationTHE LONDON MARITIME ARBITRATORS ASSOCIATION THE INTERMEDIATE CLAIMS PROCEDURE (2012)
THE LONDON MARITIME ARBITRATORS ASSOCIATION THE INTERMEDIATE CLAIMS PROCEDURE (2012) Effective for appointments on or after 1 January 2012 1 THE LMAA INTERMEDIATE CLAIMS PROCEDURE 2012 (as developed in
More informationThe Pre-Action Protocol for Resolution of Package Travel Claims is approved by the Master of the Rolls as Head of Civil Justice.
The Pre-Action Protocol for Resolution of Package Travel Claims is approved by the Master of the Rolls as Head of Civil Justice. The Right Honourable Sir Terence Etherton Master of the Rolls and Head of
More informationRevised and updated pre-action protocols came into effect on 6 April 2015 with little advance warning.
PRE-ACTION PROTOCOLS UPDATE Introduction Revised and updated pre-action protocols came into effect on 6 April 2015 with little advance warning. The terms of the updated protocols are important for practitioners,
More informationCuthbert v Gair (t/a The Bowes Manor Equestrian Centre) [2008] APP.L.R. 09/03
JUDGMENT : Master Haworth : Costs Court. 3 rd September 2008 1. This is an appeal pursuant to CPR Rule 47.20 from a decision of Costs Officer Martin in relation to a detailed assessment which took place
More informationPERSONAL INJURY CLAIMS
PERSONAL INJURY CLAIMS Frequently Asked Questions 1. Can I make a claim? If you have been injured because of the fault of someone else, you can claim financial compensation through the courts. 2. Who can
More informationAUCKLAND DISTRICT LAW SOCIETY INC. JAMIE WAUGH- BARRISTER TERMS OF ENGAGEMENT
AUCKLAND DISTRICT LAW SOCIETY INC. JAMIE WAUGH- BARRISTER TERMS OF ENGAGEMENT IMPORTANT INFORMATION FOR INSTRUCTING SOLICITORS AND CLIENTS Currently, with limited exceptions, as a barrister I am required
More informationLegal Business. Overview Of Court Procedure. Memoranda on legal and business issues and concerns for multiple industry and business communities
Memoranda on legal and business issues and concerns for multiple industry and business communities Overview Of Court Procedure 1 Rajah & Tann 4 Battery Road #26-01 Bank of China Building Singapore 049908
More informationTERMS OF REFERENCE INSURANCE & FINANCIAL SERVICES OMBUDSMAN SCHEME INCORPORATED
TERMS OF REFERENCE INSURANCE & FINANCIAL SERVICES OMBUDSMAN SCHEME INCORPORATED 1 JULY 2015 Contents 1. Definitions and Interpretation... 3 2. Delegation Powers... 5 3. Principal Powers and Duties of the
More informationConditional Fee Agreement (CFA) Additional Explanatory Notes Law Society Conditions (as amended)
Conditional Fee Agreement (CFA) Additional Explanatory Notes Law Society Conditions (as amended) The amended Law Society Conditions below form part of your Conditional Fee Agreement. You should read the
More informationMatters relevant to allocation to a track
1 Credit Hire and Storage: Post Jackson Things You Need to Know Andrew Mckie, Barrister Clerksroom -August 2013 Telephone 07739 964012/ 0845 083 3000 Email: andrewmckie@btinternet.com/ mckie@clerksroom.com
More informationProvider Contract for the Provision of Legal Aid Services and Specified Legal Services
Provider Contract for the Provision of Legal Aid Services and Specified Legal Services The Parties to this Contract The Secretary for Justice (the Secretary) and (the Provider) The Secretary and the Provider
More informationJackson reforms to civil litigation
June 2013 Jackson reforms to civil litigation What do commercial parties really need to know? SPEED READ The bulk of the Jackson reforms to costs in English civil litigation were implemented on 1 April
More informationMR ANDREW GRAEME WARING. and MR MARK MCDONNELL. Judgment. 1. On 14 June 2016, the claimant and defendant were cycling in opposite directions on Lodge
IN THE COUNTY COURT AT BRIGHTON CLAIM NO: D60YJ743 Brighton County and Family Court William Street Brighton BN2 0RF BEFORE HER HONOUR JUDGE VENN BETWEEN MR ANDREW GRAEME WARING Claimant and MR MARK MCDONNELL
More informationPART 10 ENFORCEMENT 2 OVERVIEW 2 SECTION 127 TERMS ON WHICH INSTRUMENTS NOT DULY STAMPED MAY BE RECEIVED
PART 10 ENFORCEMENT 2 OVERVIEW 2 SECTION 127 TERMS ON WHICH INSTRUMENTS NOT DULY STAMPED MAY BE RECEIVED IN EVIDENCE 2 SECTION 128 ROLLS, BOOKS, ETC., TO BE OPEN TO INSPECTION 3 SECTION 128A OBLIGATION
More informationPRE-ACTION CONDUCT PRACTICE DIRECTION
PRACTICE DIRECTION PRE-ACTION CONDUCT PRACTICE DIRECTION PRE-ACTION CONDUCT SECTION I INTRODUCTION 1. AIMS 1.1 The aims of this Practice Direction are to (1) enable parties to settle the issue between
More informationPART 1 SCOPE AND INTERPRETATION...
ADGM Court Procedure Rules 2016 Table of Contents PART 1 SCOPE AND INTERPRETATION... 1 1. Citation and commencement... 1 2. Scope and objective... 1 3. Interpretation... 1 4. Court documents... 4 5. Forms...
More informationA guide to civil litigation and arbitration in Hong Kong, from a Mainland perspective
A guide to litigation and arbitration in Hong Kong October 12014 A guide to civil litigation and arbitration in Hong Kong, from a Mainland perspective 1. Brief description of the civil litigation process
More informationTransparency Standards Guidance Annexes
CURRENT GUIDANCE Transparency Standards Guidance Annexes Contents Annex A fact sheet example... 2 Annex B price transparency policy statement... 7 Introduction... 7 Application of price transparency requirements...
More informationTHE LMAA SMALL CLAIMS PROCEDURE
THE LONDON MARITIME ARBITRATORS ASSOCIATION THE LMAA SMALL CLAIMS PROCEDURE and COMMENTARY (Revised 1st January 2006) 1. INTRODUCTION THE LMAA SMALL CLAIMS PROCEDURE These provisions shall be known as
More informationPart 3 Authority to Practise Law
Part 3 Authority to Practise Law Division 1 - General Pre-paid legal services plans 3-1 Repealed (12/03) Definition 3-1.1(1) In this division, closed pre-paid legal services plan means a plan that limits
More informationGUIDE TO ASSET FREEZING INJUNCTIONS IN GUERNSEY
GUIDE TO ASSET FREEZING INJUNCTIONS IN GUERNSEY CONTENTS PREFACE 2 1. The Mareva Injunction 3 2. When is a Mareva Injunction available? 3 3. Other factors for the Plaintiff to consider 4 4. The Terms of
More informationTHE COURTS ACT. Rules made by the Chief Justice, after consultation with the Rules Committee and the Judges, under section 198 of the Courts Act
THE COURTS ACT Rules made by the Chief Justice, after consultation with the Rules Committee and the Judges, under section 198 of the Courts Act 1. Title These rules may be cited as the Supreme Court (International
More informationGOVERNMENT OF RAS AL KHAIMAH
GOVERNMENT OF RAS AL KHAIMAH RAS AL KHAIMAH INTERNATIONAL CORPORATE CENTRE REGISTERED AGENT REGULATIONS 2018 TABLE OF CONTENTS PART I PRELIMINARY PROVISIONS 1. Short title, commencement and authority 2.
More informationApplication form for civil litigation support
Application form for civil litigation support The Manager Law Aid PO Box 13114 Law Courts Melbourne Vic 8010 Tel: (03) 9225 6703 Fax: (03) 9225 6710 www.lawaid.com.au Please type or print neatly and complete
More informationPart 2A Steps to be taken before the commencement of proceedings
CIVIL PROCEDURE ACT PART 2A Part 2A Steps to be taken before the commencement of proceedings Division 1 Preliminary 18A Interpretation (1) In this Part:"alternative dispute resolution" means processes
More informationInstruction to transfer-up (if necessary) and enforce an order of possession by Writ of Possession page 2
Tel: 0333 001 5100 Fax: 0333 003 5120 property@thesheriffsoffice.com The Sheriffs Office Airport House, Purley Way Croydon CR0 0XZ DX 156870 Croydon 41 Instruction to transfer-up (if necessary) and enforce
More information2014 No (L. 36) SENIOR COURTS OF ENGLAND AND WALES COUNTY COURT, ENGLAND AND WALES. The Civil Procedure (Amendment No.
S T A T U T O R Y I N S T R U M E N T S 2014 No. 3299 (L. 36) SENIOR COURTS OF ENGLAND AND WALES COUNTY COURT, ENGLAND AND WALES The Civil Procedure (Amendment No. 8) Rules 2014 Made - - - - 16th December
More informationCHARGING ORDERS INTRODUCTION AND PROCEDURE. Tom Morris
CHARGING ORDERS INTRODUCTION AND PROCEDURE Tom Morris tmorris@landmarkchambers.co.uk Overview (1) General principles (2) The court s discretion (3) Procedure for obtaining a charging order (1) Introduction:
More informationThe overriding objective.. Rule 1.1 Application of the overriding objective by the court Rule 1.2 Duty of parties.rule 1.3
Contents of this Part PART 1 OVERRIDING OBJECTIVE OF THESE RULES The overriding objective.. Rule 1.1 Application of the overriding objective by the court Rule 1.2 Duty of parties.rule 1.3 The overriding
More informationLaw Society Practice Note Litigants in person
Law Society Practice Note Litigants in person 19 April 2012 1. Introduction 1.1 Who should read this practice note? All solicitors who may need to deal with litigants in person (LiPs) as part of their
More informationProtocol Relating to Legal Representation at Public Expense
Protocol Relating to Legal Representation at Public Expense Introduction 1. This Protocol relates to: a. applications by persons who claim to be eligible under section 40(3)(a) or 40(3)(b) of the Inquiries
More informationHENQUE 2890 CC T/A BRAZIER & ASSOCIATES (IN LIQUIDATION) MASTER S REFERENCE NUMBER: C3/2018
HENQUE 2890 CC T/A BRAZIER & ASSOCIATES (IN LIQUIDATION) MASTER S REFERENCE NUMBER: C3/2018 REPORT SUBMITTED AT THE STATUTORY SECOND MEETING OF CREDITORS AND MEMBERS, IN TERMS OF SECTION 79 OF THE CLOSE
More informationSTATEMENTS OF CASE. This Practice Direction supplements CPR Part 16
PRACTICE DIRECTION PART 16 PRACTICE DIRECTION STATEMENTS OF CASE This Practice Direction supplements CPR Part 16 GENERAL 1.1 The provisions of Part 16 do not apply to claims in respect of which the Part
More informationCivil Litigation. 15th Edition
Civil Litigation 15th Edition Civil Litigation 15th Edition John O'Hare, LL.B. (Leicester), Barrister, Costs Judge, Master of the Supreme Court Costs Office Kevin Browne, LL.B. ( ewcastle), Solicitor,
More informationIN THE COUNTY COURT AT NEWCASTLE UPON TYNE Case No: B54YJ494. Before: HIS HONOUR JUDGE FREEDMAN. and JUDGMENT
IN THE COUNTY COURT AT NEWCASTLE UPON TYNE Case No: B54YJ494 Hearing date: 11 th August 2017 Before: HIS HONOUR JUDGE FREEDMAN B E T W E E N: DEBORAH BOWMAN Claimant and NORFRAN ALUMINIUM LIMITED (1) R
More informationConstitution of the Council of Bureaux
COUNCIL OF BUREAUX Constitution of the Council of Bureaux (The International Association of National Motor Insurers Bureaux) Constitution of the Council of Bureaux 1 ARTICLE 1 NAME The Council of Bureaux
More informationThe ABTA Arbitration Scheme Rules
23 rd May 2016 The ABTA Arbitration Scheme Rules 1. Introduction 1.1 This Scheme is supplied exclusively by CEDR, Europe s leading independent dispute resolution service. 1.2 The Scheme has been designed
More informationASSESSMENT OF COSTS IN THE BRAVE NEW WORLD EIGHTH LECTURE BY LORD JUSTICE JACKSON IN THE IMPLEMENTATION PROGRAMME
ASSESSMENT OF COSTS IN THE BRAVE NEW WORLD EIGHTH LECTURE BY LORD JUSTICE JACKSON IN THE IMPLEMENTATION PROGRAMME KPMG FORENSIC S LEEDS LAW LECTURE 2012 1. INTRODUCTION 1.1 The text of this lecture is
More informationCHAPTER 107 CONTRIBUTORY NEGLIGENCE AND JOINT WRONGDOERS
Cap.107] CONTRIBUTORY NEGLIGENCE AND JOINT WRONGDOERS CHAPTER 107 CONTRIBUTORY NEGLIGENCE AND JOINT WRONGDOERS Act No. 12 of 1968. AN ACT TO AMEND THE LAW RELATING TO CONTRIBUTORY NEGLIGENCE AND JOINT
More informationAPPLICATION FOR COMMERCIAL CREDIT ACCOUNT TRADING TERMS AND CONDITIONS
APPLICATION FOR COMMERCIAL CREDIT ACCOUNT TRADING TERMS AND CONDITIONS These Trading Terms and Conditions are to be read and understood prior to the execution of the Application for Commercial Credit Account.
More informationInsight from Horwich Farrelly s Large & Complex Injury Group
Insight from Horwich Farrelly s Large & Complex Injury Group Issue #27 01 September 2016 Alexander House 94 Talbot Road Manchester M16 0SP T. 03300 240 711 F. 03300 240 712 www.h-f.co.uk Page 1 Welcome
More informationCivil Procedure Lecture Notes Lecture 1: Overview of a Civil Proceeding
Civil Procedure Lecture Notes Lecture 1: Overview of a Civil Proceeding Civil dispute o Any legal dispute that is not a criminal dispute o Could be either a public or private law matter o Includes relatively
More informationTHE CHARTERED INSTITUTE OF LEGAL EXECUTIVES UNIT 15 CIVIL LITIGATION *
16 January 2014 Level 6 CIVIL LITIGATION Subject Code L6-15 THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES UNIT 15 CIVIL LITIGATION * Time allowed: 3 hours plus 15 minutes reading time Instructions to Candidates
More informationGENERAL PRE-ACTION PROTOCOL
GENERAL PRE-ACTION PROTOCOL CONTENTS 1 Scope 2 Aims 3 Overview 4 Time limits in this Pre-Action Protocol 5 Information about funding arrangements 6 Alternative dispute resolution 7 Steps to take before
More informationBETWEEN: ADOLPH LUPP GmbH+CoKG CLAIMANT BELIZE 1. YOLANDA RECTOR DEFENDANTS 2. RUDY GALLEGO
IN THE SUPREME COURT OF BELIZE 2003 ACTION NO. 452 OF 2003 BETWEEN: ADOLPH LUPP GmbH+CoKG CLAIMANT BELIZE AND 1. YOLANDA RECTOR DEFENDANTS 2. RUDY GALLEGO Mr. Phillip Zuniga S.C., for the claimant. Mr.
More informationFA2 - Individual Approval Application Form
FA2 - Individual Approval Application Form This is a form to make an application to the SRA by an applicant firm or authorised body for approval of the following: Managers Owners Managers of a corporate
More informationA BILL FOR A LAW FOR THE ADMINISTRATION OF CIVIL JUSTICE IN EKITI STATE EKITI STATE OF NIGERIA
A BILL FOR A LAW FOR THE ADMINISTRATION OF CIVIL JUSTICE IN EKITI STATE EKITI STATE OF NIGERIA 1 EKITI STATE OF NIGERIA ADMINISTRATION OF CIVIL JUSTICE BILL, 2018 ARRANGEMENT OF SECTIONS 1. Objectives
More informationAgreement for the Supply of Legal Services by a Barrister in a Commercial Case
Agreement for the Supply of Legal Services by a Barrister in a Commercial Case The Barrister and the Solicitor agree that the Barrister will supply the Services for the benefit of the Lay Client on the
More informationOnline Case 8 Parvez. Mooney Everett Solicitors Ltd
125 Online Case 8 Parvez v Mooney Everett Solicitors Ltd [2018] 1 Costs LO 125 Neutral Citation Number: [2018] EWHC 62 (QB) High Court of Justice, Queen s Bench Division, Sheffield District Registry 19
More informationAn Introduction to Making a Small Claim to Recover an Unpaid Debt
An Introduction to Making a Small Claim to Recover an Unpaid Debt Business Information Factsheet BIF037 August 2016 Introduction Small businesses often experience late payments or non-payments of invoices
More informationConveyancers Licensing Act 2003 No 3
New South Wales Conveyancers Licensing Act 2003 No 3 Contents Part 1 Part 2 Preliminary Page 1 Name of Act 2 2 Commencement 2 3 Definitions 2 4 Conveyancing work 4 5 Notes 5 Licences Division 1 Requirement
More informationUnited Kingdom (England and Wales) Litigation Guide IBA Litigation Committee
The Process of a Typical Commercial Case United Kingdom (England and Wales) Litigation Guide IBA Litigation Committee John Reynolds johnreynolds@whitecase.com Clare Semple csemple@whitecase.com Amanda
More informationThe Labour Relations Agency Arbitration Scheme. Guide to the Scheme
The Labour Relations Agency Arbitration Scheme Guide to the Scheme Labour Relations Agency The Labour Relations Agency is an independent, publicly funded organisation. Our job is to promote good employment
More informationGUIDE TO ASSET FREEZING INJUNCTIONS IN THE CAYMAN ISLANDS
GUIDE TO ASSET FREEZING INJUNCTIONS IN THE CAYMAN ISLANDS CONTENTS PREFACE 1 1. Cayman Islands Jurisdiction of Choice 2 2. When is a Mareva Injunction Available? 2 3. Other Factors for the Plaintiff to
More informationBefore : MASTER GORDON-SAKER Between :
IN THE HIGH COURT OF JUSTICE SENIOR COURTS COSTS OFFICE Case No: AGS/1603489 Royal Courts of Justice Strand, London WC2A 2LL Date: 19/05/2017 Before : MASTER GORDON-SAKER - - - - - - - - - - - - - - -
More informationBC LEGAL. An Express Guide to Time Limits Under the Civil Procedure Rules Current as of 1st July 2015
BC BC LEGAL B R I N G I N G C L A R I T Y An Express Guide to s Under the Civil Procedure Rules Current as of 1st July 2015 This is a guide to the time limits under the Civil Procedure Rules that may be
More informationCivil Liability Bill [HL]
Civil Liability Bill [HL] MARSHALLED LIST OF AMENDMENTS TO BE MOVED IN COMMITTEE OF THE WHOLE HOUSE Amendment No. [Amendments marked * are new or have been altered] Clause 1 1 Page 1, line 5, leave out
More informationWhen the Battle is Only Half Won: Enforcing Tribunal Awards
When the Battle is Only Half Won: Enforcing Tribunal Awards This seminar endeavours to provide an analysis of the general methods of enforcement of Tribunal awards and procedure associated with this. It
More information2018: No. 2 June. Filing: File the amended pages in your Member s Manual as follows:
2018: No. 2 June Law Society Rules 2015:* Substantive rule amendments implement the regulation of law firms by the Law Society, including the appointment of designated representatives, information sharing
More information