Tip of the month
February 26, 2020
Following the Court Policy that came into effect in November 2018 that Court orders must be drafted on the day of the order by the Family Lawyers, agreed by all parties and emailed to the clerk “while parties remain at Court”. We advise that this is time properly spent at Court under FAS, so ensure that the timed FAS form is only signed off by the judge after the drafting procedure is complete.
Solicitor struck off for “recreating” costs budget letters.
February 26, 2020
A partner from a law firm has been struck off for presenting recreated correspondence as copies to support an application for relief from sanctions over missing a deadline to file a costs budget. She was acting in a clinical negligence claim over the death of a patient in hospital. For more information click here
Court of Appeal rules that QOCS protection continues to apply
February 26, 2020
The Court of Appeal has ruled that Qualified one-way costs shifting (QOCS) covers appeals where it applies to the first instance proceedings. Lord Justice Baker interpreted the word “proceedings” in rule 44.13 as including the appeal. Baker LJ said that this interpretation applied even where the court was dealing with a second appeal. For more information please click here
Tip of the month
January 30, 2020
Before embarking on enforcement issues ensure that you have scope for enforcement within the funding certificate.
Court of Appeal rules that Part 36 offers excluding interest are not valid
January 30, 2020
It was ruled by three Court of Appeal Judges last month that making a Part 36 settlement offer exclusive of interest would result in the offer being non-compliant with Civil Procedure rules. For further information click here
