the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

CPR change - permission for extensions of time to be agreed

The Civil Procedure Rules Committee will approve a new ‘buffer’ measure at its next meeting, in a few weeks’ time (see www.lawgazette.co.uk/practice/buffer-rule-to-relieve-mitchell-pressure-on-courts/5040518.article).  The rule will permit parties to agree time extensions of up to 28 days for serving certain documents, without needing to make an application to the court. I... [More]

The “Single”County Court

The County Courts Act 1984 has been amended to create a single county court. Hitherto s.1 of the CCA divided England and Wales up into districts and established a court of record, with a seal, for each district. Under s.A1 there is now to be a single court called ‘the County Court’ which is to have a seal and be a court of record. Geographical boundaries between the 170 existing courts... [More]

Rule 3.10: looking beyond 3.9 for relief

The dreaded realisation that you have not complied with a rule or practice direction. Your life flashes past you and a cold sweat breaks out. Out comes rule 3.9 and the new criteria, Mitchell, a call to the insurers… Or perhaps r. 3.10 applies? “Where there has been an error of procedure such as a failure to comply with a rule or practice direction- (a) The error does not invalidate a... [More]

Redaction of expert reports

What is the position where a litigant instructs an expert to comment upon matters within their expertise and the expert, whilst producing an acceptable overall report, trespasses into areas which are the realm of the trial judge? Should the opposing party be allowed to strike-through and redact the offending passages so as to ensure that the judicial mind remains free and unpolluted by irrele... [More]

Causation, reliance... and loft hatches

  The recent Court of Appeal case of Morcom v Biddick [2014] EWCA Civ 182 raises very interesting questions about duties of care, causation and reliance. Mr Morcom is a skilled tradesman with extensive experience in the building trade. Mr Biddick (now deceased) was an 80 year old family friend of Mr Morcom’s. On 4th December 2010 Mr Morcom attended Mr Biddick’s house to fit loft... [More]

What's trivial?

    There are an increasing number of reported cases about breaches that can be characterised as “trivial” and thus meriting relief from sanctions without the need to show a “good reason”, providing the application was made promptly. One example is Adlington – referred to in a blog posting on 10th February.   Hamblen J considered this issue very rece... [More]