Kershaw v Roberts and another – WLR Daily

Posted April 15th, 2014 in budgets, case management, civil procedure rules, costs, law reports by tracey

Kershaw v Roberts and another: [2014] EWHC 1037 (Ch);   [2014] WLR (D)  168

‘Claims issued under CPR Pt 8 were not automatically allocated to the multi-track with the result that the provisions of CPR Pt 29 and the costs management provisions in section II of CPR Pt 3 were of no application unless and until the claim had been allocated to the multi-track by the procedural judge considering the claim.’

WLR Daily, 10th April 2014

Source: www.iclr.co.uk

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First hearing not a case management conference, says High Court – Law Society’s Gazette

Posted April 15th, 2014 in budgets, case management, civil procedure rules, costs, news, trials by tracey

‘A claimant has failed in a High Court Mitchell bid to argue that an initial hearing amounted to a case management conference (CMC) and should be subject to budgeting rules.’

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Law Society’s Gazette, 14th April 2014

Source: www.lawgazette.co.uk

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Controlling the process: a practical view from the Bar – Littleton Chambers

Posted April 8th, 2014 in case management, civil procedure rules, costs, news, sanctions by sally

‘Alongside the continued wave of decisions on relief from sanctions applications, a few decisions are
now coming through that reflect the general shift in approaches to case management that many
practitioners may have encountered for themselves.’

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Littleton Chambers, 2nd April 2014

Source: www.littletonchambers.com

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Amending a statement of case after limitation period has ended – Hardwicke Chambers

‘In Chandra & ors v Brooke North [2013] EWCA Civ 1559 the Court of Appeal gives practitioners and courts useful guidance about the correct approach to applications to amend introducing new claims outside limitation periods. The history of the case is a demonstration of the procedural knots and costly consequences for the parties that can be created when the lower courts go further than they should.’

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Hardwicke Chambers, 13th March 2014

Source: www.hardwicke.co.uk

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London litigators lament post-Mitchell “game playing” – Litigation Futures

Posted April 4th, 2014 in budgets, case management, costs, law firms, news by sally

‘The rigidity introduced by the Mitchell judgment has fractured co-operation between solicitors, while costs budgeting has driven up law firms’ costs, according to a survey of civil litigators.’

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Litigation Futures, 4th April 2014

Source: www.litigationfutures.com

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Chancery Division to pilot fixed-length trials from May – Litigation Futures

Posted March 20th, 2014 in case management, news, pilot schemes, time limits, trials by tracey

‘A pilot of fixed-ended trials will begin in the Chancery Division in less than six weeks’ time – and parties have been warned that they may be given just 24 hours’ notice that they are to be included in it.’

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Litigation Futures, 20th March 2014

Source: www.litigationfutures.com

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Jackson reforms a ‘serious risk’ to justice, says Law Society – Law Society’s Gazette

Posted March 14th, 2014 in budgets, case management, consultations, costs, news, solicitors by tracey

‘Civil litigation reforms implemented last year pose a risk of injustice to clients and a serious reputational risk for solicitors, the Law Society has said.’

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Law Society’s Gazette, 13th March 2014

Source: www.lawgazette.co.uk

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High Court brands claim of late budget filing “manifest nonsense” – Litigation Futures

Posted March 13th, 2014 in budgets, case management, costs, news, service, time limits by tracey

‘A High Court judge yesterday sought to “reinforce the message that the Commercial Court will firmly discourage the taking of futile and time-wasting procedural points” as it appeared the message from last month’s Summit Navigation ruling “may not yet have been heard”.’

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Litigation Futures, 13th March 2014

Source: www.litigationfutures.com

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Summit Navigation Ltd and another v Generali Romania Asigurare Reasigurare SA and another – WLR Daily

Summit Navigation Ltd and another v Generali Romania Asigurare Reasigurare SA and another [2014] EWHC 398 (Comm); [2014] WLR (D) 104

‘All sanctions were not equal nor were they to be treated as equivalent to one another for the purposes of an application for relief from sanctions under CPR r 3.9.’

WLR Daily, 21st February 2014

Source: www.iclr.co.uk

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Recent rulings show “sensible and pragmatic” approach to costs sanctions emerging, says expert – OUT-LAW.com

Posted February 28th, 2014 in budgets, case management, costs, news by sally

‘A recent run of High Court rulings shows that a “sensible and pragmatic” approach to the circumstances in which relief from sanctions for breaches of the civil court costs rules will be granted is gradually beginning to emerge, an expert has said.’

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OUT-LAW.com, 25th February 2014

Source: www.out-law.com

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High Court sends out strong warning against ‘tactical’ use of Mitchell – Litigation Futures

‘The Mitchell ruling is not to be used as a tactical weapon, the High Court has warned litigators in a case where its opprobrium was reserved for the conduct of the party on the other side of the default.’

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Litigation Futures, 21st February 2014

Source: www.litigationfutures.com

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“Mandatory” mediation – not mandatory enough! – Halsbury’s Law Exchange

Posted February 10th, 2014 in bills, case management, dispute resolution, divorce, domestic violence, legal aid, news by tracey

‘In recent weeks there has been widespread reporting of government measures to introduce “mandatory mediation” for separating couples. This will be brought in under the Children and Families Bill, which is due to come into force in April. So, what exactly will the proposals mean? Will they actually result in couples moving away courts, and resolving their disputes through mediation, as the government wants?’

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Halsburys Law Exchange, 10th February 2014

Source: www.halsburyslawexchange.co.uk

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Escalating legal fees – why family judges need to “get a grip” – Halsbury’s Law Exchange

Posted January 28th, 2014 in case management, civil procedure rules, costs, family courts, fees, news by sally

‘Legal fees in family proceedings hit the headlines with Young v Young – the now infamous seven year divorce case which saw £6.5m spent on one side’s legal costs alone.’

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Halsbury’s Law Exchange, 27th January 2014

Source: www.halsburyslawexchange.co.uk

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Obtaining a defendant’s insurance details – Hardwicke Chambers

‘In XYZ v Various [2013] EWHC 3648, Mrs Justice Thirlwall is managing group litigation in which nearly 1000 women seek damages from companies running hospitals for supplying them with defective implants manufactured by the French company, PIP, for use in breast implant surgery. Some of the claimants also bring actions against the providers of credit cards pursuant to the Consumer Credit Act 1984 (as amended by the 2006 Act) and some bring actions against the surgeons who carried out the surgery. The total value of the claims is in the region of £13m plus costs on both sides. The court has held a number of case management hearings culminating finally in a timetable leading to trial in October 2014 on three issues in four sample cases in which Transform Medical Group (CS) Ltd (“Transform”) is, effectively, the lead defendant.’

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Hardwicke Chambers, 13th January 2014

Source: www.hardwicke.co.uk

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Mitchell Part Two: a practical view from the Bar – Littleton Chambers

Posted January 22nd, 2014 in appeals, case management, civil procedure rules, delay, news, sanctions by sally

‘In his monthly column, James Bickford Smith discusses Durrant v Chief Constable of Avon and Somerset Constabulary [2013] EWCA Civ 1624 in which the Court of Appeal, after its decision in Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1537, took further eye-catching steps to impose the new approach to relief from sanctions.’

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Littleton Chambers, 8th January 2014

Source: www.littletonchambers.com

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Court of Appeal cites Mitchell to refuse relief – Law Society’s Gazette

Posted December 19th, 2013 in appeals, case management, costs, news, police, time limits, witnesses by tracey

‘The Court of Appeal has cited the landmark Mitchell costs case for the first time to reject a defendant’s plea for relief from sanctions.’

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Law Society’s Gazette, 18th December 2013

Source: www.lawgazette.co.uk

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This month’s costs cases summaries: appeals, unjust enrichment and Mitchell – Litigation Futures

Posted December 10th, 2013 in appeals, budgets, case management, civil procedure rules, costs, litigants in person, news by tracey

‘Our monthly summary of key costs-related court decisions.’

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Litigation Futures, 9th December 2013

Source: www.litigationfutures.com

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Mitchell v News Group Newspapers Ltd – WLR Daily

Posted December 6th, 2013 in appeals, budgets, case management, civil procedure rules, law reports, media by tracey

Mitchell v News Group Newspapers Ltd: [2013] EWCA Civ 1537;   [2013] WLR (D)  466

‘In the context of the court’s case management powers in respect of a party’s claim, the failure by the party to file a costs budget on time would not normally attract relief from the sanction imposed by CPR r 3.14 unless the default were trivial or there were a good reason for it.’

WLR Daily, 27th November 2013

Source: www.iclr.co.uk

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In re C (A Child) – WLR Daily

Posted November 25th, 2013 in case management, children, contact orders, family courts, law reports, service by tracey

In re C (A Child): [2013] EWCA Civ 1412;   [2013] WLR (D)  449

‘The Court of Appeal gave guidance as to the proper approach to be adopted in family proceedings when considering a without notice application for a prohibited steps order and the making of a contact order.’

WLR Daily, 21st November 2013

Source: www.iclr.co.uk

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Parties to civil litigation need more guidance on costs, says expert, as High Court declines to approve “disproportionate” budgets – OUT-LAW.com

“Parties to litigation in the civil courts need more guidance about what constitutes an ‘appropriate’ costs budget and the consequences of not meeting the requirements of the new costs management regime, an expert has said.”

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OUT-LAW.com, 8th October 2013

Source: www.out-law.com

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