The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
This Practice Note sets out the guidance provided by the Senior Costs Judge, Andrew Gordon-Saker in a judicial Practice Note published in July 2020. It explains how hearings and detailed assessments will be dealt with in the Senior Courts Costs Office (SCCO) from Saturday 1 August 2020.
The Practice Note makes it clear that due to the hard work of the court staff, together with practitioners willingness to adapt, very few costs hearings in the SCCO have had to be adjourned during the current pandemic. The purpose of the judicial Practice Note is to put in place clear guidance as to how hearings and detailed assessments will be conducted in the SCCO moving forward. A copy of the Practice Note is available here:
This Practice Note sets out the different issues covered in the judicial Practice Note and provides links through to useful underlying guidance.
A detailed assessment hearing will now follow one of three formats, being:
a remote hearing with the judge and all parties appearing by telephone or video
a partly remote hearing with the judge and one or more parties in court and one or more parties appearing by telephone or video
a hearing with the judge and all parties in court
As to which format will be used, this will be determined by
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Entrapment There is no defence of entrapment in English law but it is considered to be an abuse of the process of the court for state agents to lure a person into committing illegal acts and then seek to prosecute him for doing so. The House of Lords said that, although entrapment is not a
Summary assessment—statement of costsSummary assessment is the procedure whereby costs are assessed by the judge who has heard the case or application (see Practice Note: Summary assessment). This Practice Note considers the use of a statement of costs in summary assessment. Form N260 is a model
Negligence—key elements to establish a negligence claimNegligence—what are the key ingredients to establish a claim in negligence?For liability in negligence to be founded, four key ingredients must be present:•duty of care•breach of that duty•damage (which is caused by the breach)•foreseeability of
Financial Conduct Authority—Principles for Businesses (PRIN)This Practice Note explains the Principles for Businesses (PRIN) set down by the Financial Conduct Authority (FCA). The Principles form part of the FCA’s High Level Standards set out in the FCA’s Handbook. The Principles are a general
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