CONTENTS

New for 2017

  • The third edition of Costs & Funding following the Civil Justice Reforms: Questions & Answers. Depending on which format of the White Book 2017 you choose, your free copy will be delivered in the same format: it will be published in print, as an eBook using the award-winning Proview app, and online with the White Book on Westlaw.

Volume 1

  • The Civil Procedure (Amendment) Rules 2017 (SI 2017/95) and the CPR 88th Update make changes to a number of Rules and Practice Directions, including Part 3 - The Courts Case & Costs Management Powers following the Court of Appeal Judgment in SARPD Oil International Limited v Addax Energy SA in respect of the cost budgeting rules; Part 3 is also amended to reflect a policy change in the collection and refund of hearing fees: hearing fees will no longer be automatically refunded where parties settle the claim before trial. An amendment to Part 45 is made as part of a package of amendments ensuring that costs in Aarhus Convention claims are not “prohibitively expensive”. Amendments are made to Part 68 – References to the European Court to make clear the precise nature of the wording of references and format in which they must be submitted. The Practice Direction is substituted.
  • The 87th CPR Update introduced a new Practice Direction 31C (Disclosure and Inspection in relation to Competition Claims), which comes into force the day the Claims in respect of Loss or Damage arising from Competition Infringements (Competition Act 1998 and Other Enactments (Amendment)) Regulations 2017 (the 2017 Regulations) come into force. It makes provision for specific disclosure and inspection procedures for competition law claims further to the Damages Directive (Directive 2014/104/EU).
  • Part 52 (Appeals) - brand new commentary has been written to take account of changes made by the Civil Procedure (Amendment No.3) Rules (SI 2016/788) and pre-3 October 2016 sections where relevant.
  • Part 6 (Service) - a new section of standalone commentary on the heads of jurisdiction (‘HJ’) as set out in para 3.1 of Practice Direction 6B (Service out of the Jurisdiction) has been added. The new commentary will sit after PD6B alongside its companion commentary, ‘Notes on Rules of Jurisdiction in the Judgments Regulation (Recast)’.
  • Costs – a new ‘Short Guide to the Costs Rules’ included alongside the Costs rules pre-April 1, 2013 destination table before Part 44, and editorial amendments made to the Summary Assessment of Costs 2005.
  • Practice Note to PD 51O (on paragraph 3.4(2))
  • Pre-Action Protocols – a second edition of the Protocol for Construction & Engineering Disputes

Volume 2

  • Court Guides - new editions of the Chancery and Queen’s Bench Guides
  • Procedural Guides - updates to the Guides on Appeals
  • Part 61 (Admiralty Claims) - a revised Practice Note (Admiralty: Assessors’ Remuneration) of 3rd January 2017
  • Insolvency Proceedings – the commentary to the Insolvency Proceedings section in Volume 2 (3E) has been updated to take account of the new Insolvency (England and Wales) Rules 2016, which come into force on 6th April 2017; the Chief Bankruptcy Registrar’s Note on Bankruptcy Petitions – Hearings in Multiple Lists in the Rolls Building
  • Employment Issues - a new section on the interaction of jurisdiction of civil courts and employment tribunals has been added to the section on Employment Issues in Volume 2 (3O).
  • Limitation Act 1980 – the commentary to sections 14, 33 and 35 of the Limitation Act 1980 in Volume 2 (Section 8) has been revised.

Case law

Volume 1

Part 3 (The Court’s Case & Costs Management Powers) Clearway Drainage Systems Ltd v Miles Smith Ltd; Serene Construction Ltd v Barclays Bank Plc; Cardiff County Council v Lee

Part 3 (The Court’s Case & Costs Management Powers), Part 25 (Interim Remedies & Security for Costs) SARPD Oil International Ltd v Addax Energy SA; Sony Communications International v SSH Communications Security Corp; Shalabayev v JSC BTA Bank; Adams v Ford

Part 3 (The Court’s Case & Costs Management Powers), Part 23 (Applications for Court Orders), Part 52 (Appeals), Part 54 (Judicial Review) Wasif v The Secretary of State for the Home Department

Part 5 (Court Documents) PJS v News Group Newspapers Ltd

Part 6 (Service of Documents) AB Bank Ltd v Abu Dhabi Commercial Bank PJSC; Bill Kenwright Ltd v Flash Entertainment FZ LLC; Barclays Bank plc v Ente Nazionale di Previdenza ed Assistenza dei Medici e Degli Odontoiatri; Peter Miles Bosworth and Ors v Arcadia Petroleum Ltd

Part 6 (Service of Documents); Part 71 (Orders to Obtain Information from Judgment Debtors); Part 81 (Contempt of Court) Deutsche Bank AG v Sebastian Holdings Ltd

Part 8 (Alternative Procedure for Claims), Pre-Action Protocols Phillips v Willis

Part 12 (Default Judgment) Goldcrest Distribution Ltd v McCole

Part 19 (Parties & Group Litigation); Part 32 (Evidence) Chandra v Mayor; Milton Keynes BC v Viridor (Community Recycling MK) Ltd; Kimathi v Foreign & Commonwealth Office

Part 21 (Children & Protected Parties) Watt v ABC; R. (C) v Secretary of State for Justice; OH v. Craven

Part 23 (Applications for Court Orders) PJS v News Group Newspapers Ltd; Shalabayev v JSC BTA Bank

Part 24 (Summary Judgment) Serene Construction Ltd v Barclays Bank Plc

Part 25 (Interim Remedies & Security for Costs) Holyoake v Candy; Ras Al Khaimah Investment Authority v Bestfort Developments LLP; Fiona Trust & Holding Corporation v Privalov

Part 25 (Interim Remedies & Security for Costs); Part 31 (Disclosure & Inspection of Documents; Part 34 (Witnesses, Depositions & Evidence for Foreign Courts) Ramilos Trading Limited v Buyanovsky

Part 30 (Transfer) BG Electrical v ML Accessories

Part 31 (Disclosure & Inspection of Documents) National Crime Agency v Abacha; Pyrrho Investments Ltd v MWB Property Ltd; Vilca & Ors v Xstrata Ltd & Ors; Ramilos Trading Limited v Buyanovsky

Part 35 (Expert & Assessors) Darby Properties Ltd & Darby Investments Ltd v Lloyds Bank plc

Part 36 (Offers to Settle) Littlestone v MacLeish; Webb v Liverpool Women’s NHS Foundation Trust; Wes Futures Ltd v Allen Wilson Construction Ltd; Titmus v General Motors UK Ltd

Part 36 (Offers to Settle), Part 45 (Fixed Costs) Broadhurst v Tan

Part 39 (Miscellaneous Provisions Relating to Hearings) PJS v News Group Newspapers Ltd

Part 40 PJS v News Group Newspapers Ltd; In re C (A Child)

Part 45 (Fixed Costs) Bird v Acorn Group Ltd; Qader v Esure Services Ltd

Part 52 (Appeals) Teva UK Ltd v Boehringer Ingelheim Pharma GmbH & Co KG; Morris v The Highland Group; Yadly Marketing Co Ltd v Secretary of State for the Home Department

Part 54 (Judicial Review) R (Hussain) v Secretary of State for the Home Department; R (Khan) v Secretary of State for the Home Department

Part 55 (Possession Claims) Cardiff County Council v Lee

Part 63 (Intellectual Property) Cartier International AG v British Sky Broadcasting Ltd

Part 74 (Enforcement of Judgments in Different Jurisdictions) Cyprus Popular Bank v Vgenopoulos

Part 81 (Contempt of Court) Swindon Borough Council v Webb; L (A Child)

Part 82 (Closed Material Procedure) R. (K) v Secretary of State for Defence

Part 83 (Writs & Warrants) Cardiff County Council v Lee


Volume 2

Part 62 (Arbitration Claims) Essar Oilfield Services v Norscot Rig Management Pvt

Part 63 (Intellectual Property Claims) Teva UK Ltd v. Boehringer Ingelheim Pharma GmbH & Co KG; Merck Sharp and Dohme Ltd v Shionogi and Co Ltd; Varian Medical Systems AG v. Elekta Limited

Housing (Section 3A) Birmingham City Council v Pardoe; Cardiff County Council v Lee

Contempt of Court (Section 3C) Deutsche Bank AG v Sebastian Holdings Ltd; In re Times Newspapers Ltd

Insolvency Proceedings (Section 3E)

Data Protection (Section 3G) Patrick Breyer v Bundesrepublik Deutschland

Discrimination (Section 3I) Summers v Bundy

Supreme Court of the United Kingdom Appeals and Judicial Committee of the Privy Council (Section 4A/4B) Willers v Joyce; Shergill v Khaira

Court of Protection (Section 6B) Watt v ABC

Limitation (Section 8) Blue Tropic Ltd v Chkhartishvili; Creggy v Barnet

ADR (Section 14) Briggs v First Choice Holidays and Flights Ltd; Holyoake v Candy

Interim Remedies (Section 15) PJS v News Group Newspapers Ltd


LEGISLATION (amending, updating or reproduced)

Civil Proceedings Fees (Amendment) Order 2016 (SI 2016/1191)

Housing (Wales) Act 2014/Housing (Wales) Act 2014 (Commencement No 4) Order 2015 (SI 2015/1826)/Housing (Wales) Act 2014 (Commencement No 8) Order 2016 (SI 2016/1066)

The Renting Homes (Wales) Act 2016 (online and CD-only)

The Insolvency (England & Wales) Rules 2016 (SI 2016/1024)

Consumer Credit: the Mortgage Credit Directive (Amendment) Order 2015 (SI 2015/1557), the Alternative Dispute Resolution for Consumer Disputes (Amendment) Regulations 2015 (SI 2015/1392), Enterprise Act 2002 (Part 8 Domestic Infringements) Order 2015 (SI 2015/1727) (online and CD-only)

Housing: Immigration Act 2016 (Commencement No.2 and Transitional Provisions) Regulations 2016 (SI 2016/1037), the Immigration (Residential Accommodation) (Termination of Residential Tenancy Agreements) (Guidance etc) Regulations (SI 2016/1060)

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