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Civil way: 21 October 2011

20 October 2011
Issue: 7486 / Categories: Features , Civil way , Procedure & practice , CPR
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The 57th CPR update was effective (well, almost all of it) on 1 October 2011, incorporating the Civil Procedure (Amendment No 2) Rules 2011 (SI 2011/1979)...

VARIETY OF THE 57th

The 57th CPR update was effective (well, almost all of it) on 1 October 2011, incorporating the Civil Procedure (Amendment No 2) Rules 2011 (SI 2011/1979) (see NLJ 2 September 2011, p 1177 on the major Pt 36 Carver reversal change) and effecting PD revisions.

Litigants in the money

The hourly allowance which a successful litigant in person can recover for time reasonably spent on his case where he does not seek to prove or cannot prove financial loss (see rr 46.3(5)(b) and 48.6(4)) jumps from £9.25 to £18 under the Costs PD para 52.4. Given that he can also recover payments reasonably made by him for legal services relating to the case and other disbursements which would have been allowed if made by a legal representative, the moral is to treat him seriously as an opponent.

Small claims: bigger

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NEWS
Lawyers and users of the business and property courts are invited to share their views on disclosure, in particular the operation of PD 57AD and the use of Technology Assisted Review (TAR) and artificial intelligence (AI)
Social media giants should face tortious liability for the psychological harms their platforms inflict, argues Harry Lambert of Outer Temple Chambers in this week’s NLJ
Ian Gascoigne of LexisNexis dissects the uneasy balance between open justice and confidentiality in England’s civil courts, in this week's NLJ. From public hearings to super-injunctions, he identifies five tiers of privacy—from fully open proceedings to entirely secret ones—showing how a patchwork of exceptions has evolved without clear design
The Leasehold and Freehold Reform Act 2024—once heralded as a breakthrough—has instead plunged leaseholders into confusion, warns Shabnam Ali-Khan of Russell-Cooke in this week’s NLJ
The Employment Appeal Tribunal has now confirmed that offering a disabled employee a trial period in an alternative role can itself be a 'reasonable adjustment' under the Equality Act 2010: in this week's NLJ, Charles Pigott of Mills & Reeve analyses the evolving case law
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