Accelerated procedure: advocate appearing with faxed agency instructions: restricted CCR order 49 procedure with substantial failure rate on account of dummy affidavits on offer to landlords seeking possession on certain mandatory grounds.
This has caught up with the revolutionised assured shorthold regime and split the form of application into revised N5A for rule 6 cases with s 8 notice and N5B for rule 6A assured shorthold cases only with s 21 notice (SI 97/1837/8).deemed service: passport to special procedure divorce or judicial separation decree where the respondent has fed the process to a dog, unsurprisingly withdrawn as from 1 October 1997 in two years separation with consent cases unless petitioner can produce a written statement consenting to a decree (SI 97/1893).direct debit: as far as entitlement to judgment goes, it is, as good as a cheque when countermanded and so a payee should usually have summary judgment without stay pending the determination of counterclaim (Esso Petroleum Ltd v Milton [1997] 1 WLR 938).expert witness: a professional person often advising on what is already known and almost invariably in a way which cannot be understood and whose evidence, as from 31 March 1999, will more frequently be adduced in writing (the accident reconstruction expert is lucky even to get that far in road traffic cases -- Liddel v Middleton (1995) The Times 17 July CA), thereby reducing the risk of a heavy cancellation fee which the losing opponent will often have to indemnify.
Was the basis of the cancellation fee negotiated? Did the instructing solicitor shop around? Was the loser put on notice? Was a fee agreed subject to legal aid taxation, and, if so, what does the exper t's diary reveal etc? See Reynolds v Meston QBD 24 February 1986 Bingham J unreported.ouster: the automatic displacement of CCR order 17, r 11 automatic directions which, on the authority of Bannister (and Bannister Revisited), follows an application for interlocutory judgment on an admission, summary judgment, trial of a preliminary issue or reference of an action to voluntary arbitration (although, where appropriate, manual directions equivalent to automatic directions may be reapplied and can include an automatic strike-out sanction but, where an automatic reference to arbitration is rescinded in favour of open court trial and manual directions are given, an automatic strike out sanction may not be applied).pending matrimonial cause: according to SI 97/1893, divorce cause in which no more than one year has elapsed since the last hearing or judicial intervention; any application by one of the parties under the Children Act 1989 during the year to be made to the same court (either party being entitled subsequently to apply for a transfer).service charge dispute: the opportunity to meet leasehold valuation tribunal (see SI 97/1852/3/4) generally at a cost of £150 per shake thanks to the Housing Act 1996 ss 83 and 86 which, except for proceedings commenced before 1 September 1997 (SI 97/1851), handed over to tribunals business of determining service charge reasonableness or unreasonableness (the right of landlord or tenant to apply to court solely for Landlord and Tenant Act 1985 s 19 declaration having been abolished but court maintaining jurisdiction to pronounce on reasonableness in case involving forfeiture instead of transferring service charge question to tribunal).signature: person's name, initials or mark used in signing a document etc or, according to CCR order 50, rule 6(A) (dealing with signatures on pleadings etc), a person's name 'printed by computer or other mechanical means.'statutory harassment action: a civil claim (with six year limitation period notwithstanding personal injury) under Protection from Harassment Act 1997 s 3(1) and (2), in force on June 16 1997, for damages for anxiety and financial loss arising from actual or apprehended breach of s 1 which prohibits harassment and/or for injunction (free-standing county court injunction application may be made on amended N16A) with no power of arrest but probably from January 1998, when residue of s 3 expected to be brought into force, the ability to apply for a warrant of arrest where disobedience is alleged.Surprise: ruling of Court of Appeal in John Bairstow and others v Queens Moat Houses plc 7 August 1997 that Civil Evidence Act 1995 which abolished rule against hearsay does not apply to proceedings instituted before 31 January 1997 despite SI 96/3219 (and, presumably, despite SI 96/3218).Timeshares' delight: Timeshare Regulations 1997 SI 97/1081 which came into force on 29 April 1997 and extend Timeshare Act 1992 (as improved) protection for individual consumer with timeshare in UK or, if ordinarily resident in UK, with timeshare in another European Economic Area state.
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