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16 May 2019
Issue: 7840 / Categories: Features , Procedure & practice , Civil way
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Civil way: 17 May 2019

Cut to the chase; thou shalt go CE; interesting mismatch; landlords still lamenting

PLEADING AWFUL

Net of cover pages, indices and appendices, the amended particulars of claim ran to 63 pages, the amended defence and counterclaim to 75 pages, the amended reply and defence to counterclaim to 76 pages and the draft amended defence and counterclaim to 91 pages. Longer than they should have been. That was the verdict of Pepperall J in Essex County Council v UBB Waste (Essex) (Ltd [2019] EWHC 819 (TCC) (judgment 19 pages) on an application for permission to reamend the defence and counterclaim. Prolixity risked losing sight of the purpose of statements of case. The usual expectation was that parties should be able to plead their cases in no more than 25 pages. CPD PD16 para 1.4 provided that if ‘exceptionally’ a statement of case exceeded 25 pages, an appropriate short summary should also be filed and served. The Commercial Court Guide drew attention to the usual limit and required parties to seek permission before filing a

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MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
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