All Posts in "proceedings"

Application Proceedings In Civil ProcedureThe rules governing legal proceedings within private law are to be discovered in a central Act of Parliament, the Code of Civil Procedure. This sub-rule locations an onus on the applicant to rebut the presumption and to prove that he has brought the application within the twenty-day period. Notice of an urgent application ought to be provided to the respondent in such a way that the court will be satisfied that the respondent is conscious of the intended application and that he or she is permitted enough time to attend court. The registrar or clerk, or one particular of the clerical assistants, will then allocate a case number to the application and stamp the front page of every original document and every copy with a special stamp bearing the name of the court and the date.

If you have an interest that may well be affected by a choice on … Read the rest >>>

Joshua Brown by — December 15, 2015 in Application Proceedings In Civil Procedure

County Court Civil ProcedureMulti Track: Claims for over £25,000, or for lesser cash sums where the case entails complicated points of law and/or evidence. The Higher Court will make the declaration if it is happy that the missing individual has died or has not been identified to be alive for a period of at least seven years. Amendments are made in consequence of amendments to the Extradition Act 2003 made by the Anti-social Behaviour, Crime and Policing Act 2014 transferring from the Civil Process Rule Committee to the Criminal Process Rule Committee the power to make guidelines governing the process on extradition appeals to the High Court.

The guidelines are amended to give clarification of the rules introduced in 2013 which extended the courts’ management powers in respect of costs. These rules supplement, and in designated situations supersede, the statutory procedures set forth in Chapter 50 of the West Virginia Code. Amendments to … Read the rest >>>

Joshua Brown by — November 5, 2015 in County Court Civil Procedure
Accepted Medical Practice, Communication With Patients, Courts And Legal Proceedings, Hospitals

In Wellesley Partners LLP v Withers LLP 2015 EWCA Civ 1146, a solicitors’ negligence case, the Court of Appeal considered, for the initially time, what rule of remoteness of damage applies in situations where there is concurrent liability in contract and in tort. Certainly, whilst the criteria of reasonable foreseeability and affordable reliance serve to distinguish cases exactly where a prima facie duty is owed from those where it is not, it is nevertheless true that in particular sorts of scenarios these criteria can, very quickly, be happy and absent some indicates by which to circumscribe the ambit of the duty, the prospect of limitless liability will loom.

Additional lately, the courts have in a quantity of cases restricted the ability of parties to rely on concurrent tortious duties in establishing a claim, especially in construction disputes. Remoteness in contract is governed by the decision in Hadley v Baxendale (1854) 9 Ex 341 which … Read the rest >>>

Joshua Brown by — May 10, 2015 in Concurrent Liability