Blog
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Timely Instruction of Experts
16-04-2012 15:31
The Court of Appeal recently heard an appeal concerning permission to change an expert witness shortly before trial began (Guntrip v Cheney Coaches Limited [2012] EWCA Civ 392). The matter concerned a coach driver who brought proceedings against his employer for negligence and breach of statutory duty.
New Pilot Scheme for Mediation in the Court of Appeal
12-04-2012 09:39
The Judicial Office issued a press release on 30 March 2012 concerning a new pilot scheme for mediation in the Court of Appeal. The scheme will form part of CAMS (Court of Appeal Mediation Scheme) and runs for a year from 2 April 2012.
Costs following claim being struck out: new case law
10-04-2012 16:40
In the case of Citation Plc v Ellis Whittam Limited [2012] EWHC 764 (QB) the Court had to make a decision as to which party should be liable for costs for the period both before the claim form was issued and after the claim form was issued in the case where the claim had been struck out.
Update: Small Claims Track in the Patents County Court
05-04-2012 16:33
As regular readers of the blog will recall, we have previously discussed the proposed changes to the Patents County Court (“PCC”) and the suggestion, following the Hargreaves Review, that a small claims track is introduced in the PCC.
Patents County Court gives non-binding opinion
29-03-2012 11:37
In a recent case Weight Watchers (UK) Limited and others v Love Bites Limited and others [2012] EWPCC 11, HHJ Birss QC gave a non-binding opinion of the trade mark infringement case brought by Weight Watchers against Love Bites at an early procedural hearing.
2012 Budget: Will the temporary suspension of the Sunday trading rules extend to the rules protecting the rights of employees?
26-03-2012 12:21
The short answer is that it is not yet known. The Chancellor announced in the Budget that the Sunday Trading laws would be relaxed for 8 weekends from 22 July 2012 to 9 September 2012 inclusive, recognising that the Olympics and Paralympics represent a unique opportunity for UK businesses.
Claims Consultants and Legal Professional Privilege
22-03-2012 09:41
In Walter Lilly and Company Limited v Mackay and Another [2012] EWHC 649(TCC) (15 March 2012) Mr Justice Akenhead was asked to consider an application by the Claimant, Walter Lilly, for an order that the Defendants disclose all correspondence with or documents created by Knowles Limited. The Defendants resisted that application arguing that the documents were protected by legal professional or legal advice privilege.
New procedure for money claims
19-03-2012 11:16
As from today (19 March 2012) the procedure for filing a county court money claim changes. From now on, the claim form should be sent to the County Court Money Claims Centre (CCMCC) and not the relevant county court.
Security For Costs
13-03-2012 10:23
It is possible in some civil claims for a defendant (or possibly a defendant to a counterclaim) to be met with a claim made by a company in circumstances where the defendant has a real concern that if it is successful (either in its defence or in any counterclaim), and the usual rule that the successful party pays the losing party’s costs applies, the claimant will not be able to pay its costs.