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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 statement of case in excess of 25 pages. Although there

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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