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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

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield welcomes new employment partner, Tom McLaughlin

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

National specialist pensions law firm strengthens team with three new appointments

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

NEWS
Burges Salmon appoints Benn Richards to strengthen Contentious Insolvency offering
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
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