Procedure – Page 3 – Law Journals

Procedure: The quality of mercy

Owain Rhys James brings a view from the Bar on the ‘Mitchell principles’ ‘The court’s hardline stance on non-compliance, proactive involvement in case management and the tougher regime for granting relief has created a number of potentially fatal hurdles for litigators.’ The Jackson reforms brought about a sweeping reform of civil litigation generally. However, it …

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Procedure: Open government

John Houlden and Brendan Ryan discuss information sharing in government procurement exercises ‘It goes without saying that the PPN’s potential to generate cost savings and ensure better contractual compliance will be welcome news for procurement managers and taxpayers alike, and it is to be hoped that the rules are accompanied by sensible safeguards to manage …

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Procedure: Skeletons in the cupboard

Adam Forster examines a case with many lessons for practitioners ‘Omissions from the pleadings can have serious consequences, and the court will (or, at least, should) confine its consideration to the pleaded cases.’ The Court of Appeal has recently handed down judgment in the case of Credit Suisse AG v Arabian Aircraft & Equipment Leasing …

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Procedure: Bad timing

Jeremy Glover outlines the Corelogic case ‘Claims must be issued and served in the period that runs from the date when a claimant first knew or ought to have known that grounds for starting proceedings had arisen.’The case of Corelogic v Bristol City Council [2013], where Corelogic sought to amend its claim arising out of …

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Procedure: The price of everything

Daniel Butler and James Whittaker discuss recent case law on case management ‘If a successful party concludes the litigation within the limits of the approved budget, there will not be a requirement for a later detailed assessment given that costs had already been approved by the court.’ The Jackson reforms promised new robust procedures on …

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Procedure: It’s good to talk

Dr Stuart Thomson reviews the significance of consultation ‘As consultation becomes a “process” there is a need to be able to prove that at every step sufficient efforts were made. It is not enough to say what was done, a developer or government, needs to have the paper trail in place to be able to …

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Procedure: Sticking to the rules – courts get tough on compliance post-Jackson

Anna Pertoldi and Maura McIntosh look at judicial views on compliance ‘A number of High Court decisions since 1 April have highlighted the increased focus on compliance. This article considers three of the recent judgments.’ The changes brought in on 1 April 2013 to implement the Jackson reforms included two that received comparatively little attention …

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Procedure: Doing standstill by the letter

Kevin Calder assesses the potential pitfalls in standstill letters ‘The intended purpose of the letters, and the subsequent mandatory standstill period, is to ensure that bidders have sufficient information and time to review the award decision.’The concept of a standstill letter goes back to 1999, and a court decision known as the Alcatel case. That …

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Procedure: Feeling secure

John MacKenzie reviews recent case law on security for costs ‘These two cases point to a possible difference in approach towards ATE policies in security for costs applications in Scotland and England.’ In Geophysical Service Centre Company Ltd v Dowell Schlumberger (Middle East) Inc [2013], the defendant applied for security for costs. The defendant stated …

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Procedure: Lucky strike

David Sawtell reports on the impact of Fairclough Homes on applications to strike out It would only be in a very rare case where, at the end of a trial, it would be appropriate to strike out a case rather than dismiss it on the merits. The purpose of striking out a claim was to …

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