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In a claim in tort, is the defendant not entitled to put the claimant to proof without pleading a positive case for the defence without judgment being entered against him on allocation?

A jointly instructed sole expert’s fees are to be paid equally by each of the parties under a court order.

Mortgagees are increasingly reluctant to disclose the balance outstanding to them when...

Is there any limit on the expenses which can be awarded against an unsuccessful party?

How should the thrown away costs of the other side be dealt with?

When non-compliance is alleged, can the undertaking be enforced by committal?

To what extent can industrial action be taken into account when it has been responsible for a failure to comply with a case management time limit?

Is it objectionable for the schedule of a Tomlin order to stray beyond the confines of the proceedings?

What is the deadline for putting a claim form in the post (or DX etc)?

CPR 36.11 provides that if a Pt 36 offer is accepted, the claim will be stayed...

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MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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