Procedure – Page 4 – Law Journals

Procedure: Out of court

Greg Standing and Ian Weatherall argue that civil restraint orders are a valuable weapon in the litigators armoury ‘If strike-outs of a vexatious or habitual LIP’s claims, coupled with costs sanctions against it, have failed to deter the LIP from issuing further claims, consideration should be given to applying for a Civil Restraint Order.’ According …

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Procedure: It doesn’t work!

Peter Jansen and Rachel Scarfe review the remedy of ineffectiveness ‘This article looks at the remedies now available under the current procurement regulations, in particular declarations of ineffectiveness.’In October 2010 Eurostar awarded the contract to replace its existing fleet of high-speed trains to Siemens as opposed to Alstom, its incumbent supplier. Amidst surprise in the …

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Procedure: Procurement: the essentials

Rhiannon Holtham gives an overview of the 2006 Regulations ‘Any organisation embarking on a procurement process that is subject to the Public Contracts Regulations 2006 must comply with the principles of the EC Treaty.’This article provides an introduction to the Public Contracts Regulations 2006 (the Regulations) and summarises the four main procurement procedures that a …

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Procedure: The Jackson juggernaut: all aboard?

Richard Marshall and Clare Arthurs weigh up the likely shape and form of the Jackson Reforms ‘Whether or not the Report achieves its aim of promoting access to justice at a proportionate cost remains to be seen, but all practitioners should be aware of the Report’s key points.’ Finally, after all the consultations, committees and …

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Procedure: Making your mind up

Johnathan Payne and Richard McKeown assess the impact of Edwards-Tubb v Wetherspoon ‘It has long been recognised that the courts could make conditional orders where the party sought to substitute an expert who had been named within proceedings.’ Litigators should be aware of the Court of Appeal’s recent judgment in the case of Edwards-Tubb v …

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Procedure: Costs consequences of discontinuance

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Deborah Burke looks at an unusual case in light of the Civil Procedure Rules ‘It is not that often that political parties feature in costs cases, but this case features the British National Party.’Rule 38.6 of the Civil Procedure Rules provides that a discontinuing party will be liable for the costs of the opponent unless …

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Procedure: New rules

David Hodson sets out a summary of the Family Procedure Rules 2010 ‘The new ADR provisions are, in certain respects, very similar to the power to adjourn into mediation in the FLA 1996, but do not include provision for the mediator to report back to the court.’ The Family Procedure Rules 2010 (No 2955) (FPR …

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