Civil

You can never have too many tracks, said no one ever.  Apart from Sir Rupert Jackson who recommended that the small, fast and multi-track should be (and is from the 1st of October 2023), augmented to include a new intermediate track. Putting aside observations about the fast track actually being rather slow and the multi-track … Continue reading →

The recent decision in Brem v Clark & Anor [2023] EWHC 1358 (KB) is a good reminder of the matters that the court will consider when determining an application to strike out a ‘dubious’ claim in unusual circumstances and a subsequent appeal against the decision to strike out. Background The Claimant had brought a claim … Continue reading →

What do they do? It is an injunction which prevents a defendant from dealing with particular assets over which the claimant asserts a proprietary right pending trial. Is a proprietary freezing injunction different to a freezing injunction? Yes. A freezing injunction prevents a defendant from dealing with his own assets. A proprietary freezing injunction prevents … Continue reading →

Section 137 Highways Act 1980 provides that: If a person, without lawful authority or excuse, in any way wilfully obstructs the free passage along a highway he is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale. and can be used in a variety of ways, often … Continue reading →

Even in Britain, the summer season is finally upon us. Half of our inboxes contain out of office emails from colleagues taking much-needed holidays. Our clients are understandably enjoying time away from work and obligations on trips of their own. However, courts sit year round and a common question among legal representatives is what to … Continue reading →

In this article I consider the recent County Court judgment in Fairhurst v Woodard in respect of a claim in harassment, nuisance and breach of the Data Protection Act 2018 arising from the Defendant’s use of CCTV and a Ring doorbell. The lengthy judgment spans 49 pages and will be of interest to not only … Continue reading →

Having read my colleague Jasraj Sanghera’s excellent article on flight delay and cancellation claims, I found myself remembering the times during lockdown when I’d have given anything to be on a delayed flight, as it would have meant I had left the house! Now life seems to be slowly returning to normal we can begin … Continue reading →

Despite various amendments over the years, many thought the wording of Part 81 was unsatisfactory, repetitive, and unnecessarily complicated. Following a consultation exercise by the Civil Procedure Rules Committee from March-May 2020, the committee proposed a new approach to Part 81 which: omitted nearly all the substantive law; dealt with procedure in the Rules, not … Continue reading →

Summary In the first of two articles on injunctions, I provide a quick guide to injunctions in a civil law context, setting out the relevant legal and practical considerations in making or responding to applications. Injunctions are an equitable remedy, where a court has the discretion to either order a person to refrain from doing … Continue reading →

When a person loses the mental capacity to make decisions for themselves (and they haven’t already put a power of attorney in place), those who care for them may need to apply to the Court of Protection (COP) to appoint a Deputy. In this article I will briefly sets out the differences between a lasting … Continue reading →

I recently represented a claimant defending an application to set aside default judgment. The claimant obtained default judgment for a sum in the region of £2,000 in September 2018 and sought to enforce the judgment in January 2019. The defendant applied to set aside the default judgment in November 2019. The defendant submitted that they … Continue reading →

This article provides an update on the mediums that one can serve a claim form and also some of the issues of serving a claim form with modern technology. CPR Part 6 provides guidance on the service of documents. The most common methods of service are by first class post, document exchange or via email. … Continue reading →

The recent decision of Cameron (Respondent) v Liverpool Victoria Insurance Co Ltd (Appellant) [2019] UKSC 6 is an interesting insight into service of untraceable and unidentified drivers that are liable for road traffic accidents. This case concerned an appeal in the Supreme Court on the question of “in what circumstances is it permissible to sue … Continue reading →

On the 16th November 2018 the Flexible Operating Hours (“FOH”) Pilots: Prospectus for Civil and Family Court Pilots was published. HM Courts and Tribunals Service (“HMCTS”) announced that early and late sittings will now be trialled over six months in civil and family courts in Manchester Civil Justice Centre and Brentford County Court, commencing in … Continue reading →

The enforceability of a credit hire agreement has consistently led to a flurry of litigation in the sticky web of dispute surrounding credit hire. There have been several cases in recent years that have attempted to clarify this difficult area of law. However the sheer volume of updating cases has at times caused more confusion … Continue reading →