CPR Update for 2024 - From Service to Settlement

Introduction

Updated for 2024, this five-part modular webinar series, will focus on key areas of the CPR which continue to be the focus of perennial disputes as to their interpretation and effect.

The aim of each module is to take a discrete area of the CPR and provide a clear and concise route through what can still be (a quarter of a century on from the inception of the CPR) a procedural maze, by setting out common and not always obvious pitfalls and how to avoid them.

This year there is also extensive coverage of the extension of the fixed recoverable costs in respect of civil claims with a value of £100,000 or less.

What You Will Learn

The five modules will cover the following aspects of the CPR:

Module 1 - Service of Documents

• Service of documents (to include latest cases on service including Boettcher v ZIO (UK) Ltd and others [2023] - last known address issues
• Claim Form served must be sealed - Clewer v Higgs & Sons [2023]
• Service by e-mail, CPR Part 7.6 - R (on the application of London Fluid Systems Technologies Ltd and others v HMRC [2023]
• Failure by Defendant not to contest jurisdiction when acknowledging service of a Claim Form served late rectifiable under CPR Part 3.10
• Court backdating issue of Claim Form - Walton v Pickerings Solicitors and another [2023]

Module 2 - Relief from Sanctions

• All you need to know about relief from sanctions, with the latest cases including Bang v F M Conway and another [2024] EWHC 494 (Comm) (Claimant gets relief against Defendant who admitted liability, fails against other Defendant)
• Claimant filed incomplete costs budget in time then files complete one out of time Henderson and Jones Limited v Stargunter and another [2023]
• Clarification of situations where CPR Part 3.9 is engaged or not and differences in approach where 3.9 is engaged - Lufthansa Tecknik AG v Panasonic Avionics Corporation and another [2023]
• Claimant refused relief and Defendant granted relief in late service of witness evidence)- Shill Properties v Bunch [2023]
• Successful appeal of exercise of CPR Part 3.9 discretion - Tiernan-Spratt and another v City of Wolverhampton Council [2023]
• Application post-CCMC for expert evidence in new discipline not an application for relief from sanctions - Yesss (A) Electrical v Warren [2024]

Module 3 - The Latest on Part 36

• Offers to settle with the latest on Part 36 including ABFA Commodities Trading Ltd v Petracco Oil Company SA [2024] - applicability of Part 36 benefits where issues as to appropriate costs orders generally and the new Part 36 regime where Fixed Recoverable Costs applies

Module 4 - Qualified One-Way Costs Shifting

• Qualified one-way costs shifting with analysis of the law following the rule changes overriding the effect of Ho v Adelekun and the cases of Amjad v UK Insurance Ltd [2023] where the Defendant was limited to enforcing costs to damages awarded in a credit hire claim
• Non-party costs order against credit hire company upheld - Kindertons Limited v Murtagh and another [2024]
• Claim for nominal personal injury damages for ‘vindicatory purposes’ still a personal injury claim enjoying QOCS protection - Clark and others v Gerry Adams and another [2024]
• Fundamental dishonesty - the latest cases including Denzil and another v UK Insurance Ltd [2023] regarding a minor alleged head injury not pleaded was not fundamentally dishonest.
• Fundamental dishonesty found after C discontinues following surveillance evidence - Mantey v Ministry of Defence [2023]
• Fundamental dishonesty where genuine damages c£600,000 in claim pleaded at c£2.3 million and dishonest element more than £1 million, but C not required to repay interim payment of £75,000) - Williams-Henry v Associated British Ports Holdings Ltd [2024]

Modules 5 - Fixed Recoverable Costs

• A 1 hour detailed guide to the new Fixed Recoverable Costs regime to include discussion of practical hints and tips for navigating the new regime.

This webinar was recorded on 9th July 2024

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