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It is hard to believe that there have been nearly 50 updates since the introduction of the on Apr 26, 1999. The 49th update has brought with it a variety of changes and challenges for the practitioner, not least a new Practice Direction that concentrates upon the conduct of the parties prior to commencing proceedings. Of course, the emphasis on pre-action conduct or behavior is nothing new. The Practice Direction, 'PD', does, however, contain a number of points which have caused concern and confusion and this article addresses those concerns with the aim to provide clarification where needed. It is still early days to say whether or not the PD is a success and whereas many claimants view it as yet another obstacle to getting on with the claim, pre-action behavior a...
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In 1934, Congress enacted the Rules Enabling Act, authorizing the Supreme Court to promulgate uniform rules governing practice and procedure in the federal courts. The Federal Rules of Civil Procedure were thereafter enacted and took effect in 1938. A hallmark of the Federal Rules was a liberalization of pleading standards. Bell Atlantic Corp v Twombly, the High Court, reversing the Second Circuit, held that a complaint that alleges mere parallel behavior among rival telecommunications companies, coupled with stray statements of agreement that amounted to legal conclusions failed, as a matter of law, to state a claim for an antitrust conspiracy in violation of section 1 of the Sherman Act. Now that Twombly has overruled Conley v Gibson, it is imperative that the Advisory Committee revis...
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The revised part 6 regime for service of documents
In the conjoined appeals of Collier v Williams; Marshall & Rankine v Maggs; Leeson v Marsden; Gla...
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The Advisory Committee on Rules of Civil Procedure will hold a two-day meeting. The meeting will be open to public observation but not participation.
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Introduction
On January 1, 2010 significant amendments were made to the Ontario Rules of Civil Procedure (the "Rules"). The amendments were made on ...
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Supreme Court of Florida
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No. SC00-730
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AMENDMENTS TO THE FLORIDA RULES
OF CIVIL PROCEDURE
[October 5, 2...
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The Rules Committee has proposed the addition of several new provisions to the pretrial procedure rule, Rule 1.200. These amendments largely seek to i...
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INTRODUCTION
Distinctions between the functions of the legislative and judicial branches are a staple of debates over statutory interpretation. To s...
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On the 1st October 2011 a number of changes will come into force to the Civil Procedure Rules of the Eastern Caribbean Supreme Court (ECSC). The CPR o...
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The proper application of the new Rules of Civil Procedure (the Rules) on expert evidence is a matter of some controversy at the moment, reflected by ...