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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

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
The controversial Mazur ruling, which caused widespread uncertainty about the role of non-solicitors in litigation work, has been overturned on appeal
Two landmark social media cases in the US could influence social media regulation in the UK, lawyers predict
Barristers have urged the government to set up Nightingale-style specialist courts, with jury trials, to prioritise rape, sexual assault and domestic abuse trials
Victims of violent crimes who suffer life-changing injuries receive less than half the financial support today than those in the 1990s, according to a senior personal injury lawyer
Rising numbers of cases, an increase in litigants in person and an overall lack of investment is piling pressure on the family court, the Law Society has warned
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