CONTENTS

New for 2019

The 2019 Edition of the White Book covers the following updates to commentary, new case law, the Civil Procedure Rules, Practice Directions and court guides.

Brexit

The new edition of the White Book publishes when the United Kingdom is in the process of exiting the European Union. It remains unclear what the exact effect of this will be for the Civil Procedure Rules and related legislation. The nature of any changes will depend on whether there is an exit deal and if so what its terms are. Whatever the exact terms of the United Kingdom’s exit from the European Union amendments to the CPR are anticipated - at the time of finalising the main work volumes for press, amendments to the Civil Procedure Rules as a result of the UK exiting the EU (Brexit) had been published in draft form (the Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (Draft SI)). The White Book will cover these changes by way of supplements published as soon as possible after changes are finally announced. The supplements will be available in print, on Proview (both standalone and consolidated) and White Book on Westlaw (consolidated). Where amendments are anticipated at the time of writing, they are indicated in the relevant commentary to the CPR in Volumes 1 and 2.

The 2019 Edition of the White Book covers the following updates to commentary, new case law, the Civil Procedure Rules, Practice Directions and court guides.

CPR Updates

Updates to the Civil Procedure Rules and accompanying Practice Directions introduced by the 101st, 102nd and 103rd CPR Updates, including:

  • Amendments to the Online Civil Money Claims Pilot (PD51R), changing its name and making provision to include admissions and defences
  • A video hearings pilot scheme under PD51V from 30 November 2018 to 30 November 2019
  • The new Capped Costs List Pilot Scheme under PD51W to establish, as from 14 January 2019 to 13 January 2021, a pilot scheme in the Business and Property Courts providing for capped costs in specific types of cases
  • The Civil Procedure (Amendment) (EU Exit) Rules 2019 (SI 2019/147) which amend Part 79 (Proceedings under the Counter-Terrorism Act 2008)

Updates made by the Civil Procedure (Amendment) Rules (SI 2019/342) and the accompanying 104th and 105th CPR Updates, which in particular make amendments on open justice to Parts 32 and 39, and amendments to PD51O on electronic working, will be included in a supplement


Cases:

Volume 1

The Overriding Objective (Part 1)
  • Barton v Wright Hassall LLP [2018] UKSC 12
  • Ogiehor v Belinfantie [2018] EWCA Civ 2423

Application and Interpretation of the Rules (Parts 2 and 11)
  • Griffin Underwriting Ltd v Varouxakis [2018] EWHC 3259

The Court’s Case Management Powers (Part 3)
  • General Medical Council v Hayat [2018] EWCA Civ 2796
  • Ogiehor v Belinfantie [2018] EWCA Civ 2423
  • Yirenkyi v Ministry of Defence [2018] EWHC 3102
  • Grant v Dawn Meats (UK) [2018] EWCA Civ 2212

Service of Documents (Part 6, 6JR)
  • Aspen Underwriting Ltd v Credit Europe Bank NV (The Atlantik Confidence) [2018] EWCA Civ 2590
  • Deutsche Bank AG v Vik [2018] EWCA Civ 2011
  • Deutsche Bank AG v Comune di Savona [2018] EWCA Civ 1740
  • Kaefer Aislamientos SA de CV v Atlas Drilling Mexico SA de CV [2019] EWCA Civ 10
  • General Dynamics UK Ltd v State of Libya [2019] EWHC 64

Disputing the Court’s Jurisdiction (Part 11)
  • Caine v Advertiser & Times Ltd [2019] EWHC 39,
  • Lady Moon SPV SRL v Petricca & Co Capital Ltd [2018] EWHC 3678

Default Judgment (Parts 3, 10, 11, 12, 15)
  • Cunico Resources NV v Daskalakis [2018] EWHC 3382

Parties & Group Litigation (Part 19)
  • Vastint Leeds BV v Persons Unknown [2018] EWHC 2456

Interim Remedies (Part 25)
  • JSC VTB Bank v Skurikhin [2018] EWHC 3072
  • Lewis Thermal Ltd v Cleveland Cable Co Ltd [2018] 3033
  • Mayr v CMS Cameron McKenna Nabarro Olswang LLP [2018] EWHC 3093

Disclosure & Inspection of Documents (Part 31)
  • Gilani v Saddiq [2018] EWHC 3084
  • Glaxo Wellcome UK Limited (t/a Allen & Hanburys) v Sandoz Limited [2018] EWHC 2747
  • R (British American Tobacco (UK) Limited) v. Secretary of State for Health [2018] EWHC 3586
  • The ECU Group Plc v HSBC Bank Plc [2018] EWHC 3045
  • Director of the Serious Fraud Office v Eurasian Natural Resources Corp Ltd [2018] EWCA Civ 2006
  • WH Holding Ltd v E20 Stadium LLP [2018] EWCA Civ 2652

Evidence (Part 32)
  • New Media Distribution Company Sezc Ltd v Kagalovsky [2018] EWHC 2742

Experts and Assessors (Part 35)
  • R v Pabon [2018] EWCA Crim 420
  • GM v Carmarthenshire County Council [2018] EWFC 36
  • Mayr v CMS Cameron McKenna Nabarro Olswang LLP [2018] EWHC 3669 (Comm).

Offers to Settle (Part 36)
  • Finnegan v Spiers [2018] EWHC 3064
  • Hertel v Saunders [2018] EWCA Civ 1831; [2018] 1 W.L.R. 5852
  • JLE v Warrington & Halton Hospitals NHS Foundation Trust [2018] EWHC B18

Miscellaneous Provisions Relating to Hearings (Part 39)
  • R (British American Tobacco (UK) Limited) v. Secretary of State for Health [2018] EWHC 3586

General Rules About Costs (Part 44)
  • Astex Therapeutics Ltd v AstraZeneca AB [2018] EWCA Civ 2444
  • Holmes v West London Mental Health Trust [2018]
  • RJ v HB [2018] EWHC 2958
  • Ayton v RSM Bentley Jennison [2018] EWHC 2851

Appeals (Part 52)
  • Wheeldon Brothers Waste Ltd v Millennium Insurance Company Ltd [2018] EWCA Civ 2403
  • Nwankwo v Secretary of State for the Home Department [2018] EWCA Civ 5
  • Wolff v Trinity Logistics USA Inc [2018] EWCA Civ 2765
  • McDonald v Rose [2019] EWCA Civ 4

Enforcement of Judgments & Orders (Part 70)
  • R. (Environment Agency) v Tapecrown [2018] EWCA Crim 1345

Orders to Obtain Information from Judgment Debtors (Part 71)
  • Deutsche Bank AG v Vik [2018] EWCA Civ 2011

Contempt of Court (Part 81)
  • Deutsche Bank AG v Vik [2018] EWCA Civ 2011
  • Hughes Jarvis Ltd v Searle [2019] EWCA Civ 1

Volume 2

Funding (Section 7A)
  • NJL v PTE [2018] EWHC 3570 (QB), 20 December 2018

Limitation (Section 8)
  • Warner v Scapa Flow Charters [2018] UKSC 52

Rights of Audience (Section 13)
  • Ndole Assets Ltd v Designer M&E Service UK Ltd [2018] EWCA Civ 2865

Other legislation

  • Amendments and additions introduced by the Civil Liability Act 2018
  • Amendments and additions introduced by the Courts and Tribunals (Judiciary and Functions of Staff) Act 2018
  • Commentary on the Homes (Fitness for Human Habitation) Act 2018 (in force on 20 March 2019)
  • Revised Practice Direction on Closed Judgments
  • Practice Note: Business and Property claims in court issued by Chief Master Marsh (new December 2018 version replacing 2014 version) which applies to the Chancery Lists in the Business and Property Courts (Business List (ChD) (and its sublists), Competition List, Intellectual Property List, Property Trusts and Probate List, Revenue List)
  • PD51O – Senior Master Practice Note on the Electronic Working Pilot Scheme—Queen’s Bench Division
  • Revised Chancery Guide dated 21 January 2019 updating contact details, removal of CMC standard directions and need to lodge a budget summary, updates to reflect the Disclosure pilot, and amendments to take into account the shorter and flexible trials schemes becoming permanent; includes new Guidance and support issued by HMCTS, for people wanting to file documents online in the Business and Property Courts, Rolls Building or claims and appeals in the Queen’s Bench in the Royal Courts of Justice

New Forms added to Civil Procedure Forms Volume (CD & Westlaw):

  • JCPC Permission to Appeal Form
  • UKSC Permission to Appeal

In addition, the White Book 2018 includes:

  • Coverage of forthcoming CPR Updates
  • New case law, amendments and updates to commentary throughout

The 2019 edition also includes:

  • Commentary to Part 11 (Disputing the Court’s Jurisdiction) has been fully revised and updated
  • Further revisions and consolidation have been made to the commentary on the rules on Costs, with commentary on indemnity costs relocated from the pre-April 2013 Part 44 to the current rules, fully revised and updated
  • Further revisions and consolidation have been made to the commentary on Part 6 (Service of Documents), in particular the notes to rule 6.37 (Application for Permission to serve the claim form out of the jurisdiction)
  • Commentary to other key Parts and sections has been suitably revised in full and updated, including to Part 35 (Experts & Assessors) and the Pre-Action Protocols

The fifth edition of Costs & Funding following the Civil Justice Reforms: Questions & Answers. Depending on which format of the White Book 2019 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 UK.

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