Court sanctions party that failed to paginate its bundles properly – Litigation Futures

Posted June 16th, 2016 in case management, costs, documents, law firms, news, sanctions, solicitors by tracey

‘A party’s failure to provide a properly paginated bundle to the High Court has led to the adjournment of key parts of its application for summary judgment and a costs order.’

Full story

Litigation Futures, 14th June 2016

Source: www.litigationfutures.com

Comments Off on Court sanctions party that failed to paginate its bundles properly – Litigation Futures

In re A (A Child) (Baby Relinquished for Adoption: Case Management)

In re A (A Child) (Baby Relinquished for Adoption: Case Management) [2016] EWFC 25

‘A, a baby born in England to Latvian parents, was relinquished at birth for adoption and quickly placed with foster parents who were approved to adopt. On the understanding that there was no one within the extended natural family, either in England or in Latvia, in a position to care for A, and with the consent of the birth parents given in accordance with sections 19 and 20 of the Adoption and Children Act 2002, the local authority proceeded to convert A’s short-term arrangements to an adoptive placement and notified the Latvian central authority of A’s situation. The foster parents, with whom A had lived for much of his life, applied to adopt him. The Latvian central authority, having made its own enquiries of relatives in Latvia, identified the maternal grandmother as a potential long-term carer for A, had completed a favourable preliminary suitability assessment and commissioned a full suitability assessment. The central authority opposed the adoption of A in England and submitted its concerns that the approach of the English courts towards adoption cases placed insufficient weight on the rights of a child to grow up in his inherited culture and was therefore potentially contrary to articles 36 and 37 of the Vienna Convention on Consular Relations 1963 and a breach of articles 8 and 20 of the United Nations Convention on the Rights of the Child 1989. The birth mother, who had deliberately not informed her wider family in Latvia of the proposed adoption, continued to support adoption by the foster parents, maintaining her opinion that an education and upbringing in England would be in A’s best interests and that her mother would find it difficult physically and financially to care for A. At a case management hearing, the children’s guardian appointed for A recommended an adjournment to enable completion of the grandmother’s assessment. In circumstances where the prospective adopters, the birth parents and the local authority all supported the adoption, where factors from the welfare checklist in section 1(4) of the 2002 Act pointed towards adoption, and where a delay in making a decision was likely to prejudice A’s welfare, the issue before the judge was whether he should make an adoption order without having considered the substantial assessment of the suitability of the maternal grandmother in Latvia as A’s long-term carer.’

WLR Daily, 6th May 2016

Source: www.iclr.co.uk

Comments Off on In re A (A Child) (Baby Relinquished for Adoption: Case Management)

Baby relinquished for adoption – case management – Park Square Barristers

‘How should a local authority approach a case where a baby is relinquished for adoption at birth by parents whose home country is not (or not necessarily) the United Kingdom and his or her parents do not seek to contest an adoption in the UK? This was a very interesting case in which William Tyler QC of Park Square Barristers represented the Local Authority.’

Full story

Park Square Barristers, 1st June 2016

Source: www.parksquarebarristers.co.uk

Comments Off on Baby relinquished for adoption – case management – Park Square Barristers

DfE to axe serious case review system in favour of national and local reviews – Local Government Lawyer

Posted June 1st, 2016 in case management, children, inquiries, local government, news by sally

‘Ministers are to scrap the serious case review system used when children have suffered severe harm.’

Full story

Local Government Lawyer, 1st June 2016

Source: www.localgovernmentlawyer.co.uk

Comments Off on DfE to axe serious case review system in favour of national and local reviews – Local Government Lawyer

High Court orders in favour of e-disclosure predictive coding in first contested case – OUT-LAW.com

Posted May 27th, 2016 in case management, disclosure, electronic filing, news by tracey

‘The High Court has backed the use of predictive coding in a litigation disclosure exercise, in what is being reported as the first use of the technology without the consent of all parties.’

Full story

OUT-LAW.com, 25th May 2016

Source: www.out-law.com

Comments Off on High Court orders in favour of e-disclosure predictive coding in first contested case – OUT-LAW.com

Civil Justice Council decides against new housing court – Litigation Futures

‘The Civil Justice Council (CJC) has decided not to back a new housing court to deal with all property disputes, despite support for the move among lawyers in the sector.’

Full story

Litigation Futures, 23rd May 2016

Source: www.litigationfutures.com

Comments Off on Civil Justice Council decides against new housing court – Litigation Futures

Senior judges oppose singling out clin neg for fixed costs as consultation nears – Litigation Futures

‘The senior judiciary agrees with Lord Justice Jackson that fixed recoverable costs should not be introduced in clinical negligence cases in isolation, but as part of their extension across the entire fast-track and ‘lower’ end of the multi-track, it has emerged.’

Full story

Litigation Futures, 23rd May 2016

Source: www.litigationfutures.com

Comments Off on Senior judges oppose singling out clin neg for fixed costs as consultation nears – Litigation Futures

City firm wins first contested application for use of predictive coding – Litigation Futures

Posted May 20th, 2016 in case management, disclosure, electronic filing, law firms, news by tracey

‘City law firm Berwin Leighton Paisner (BLP) has won what it believes to be the first contested application to use predictive coding as part of a substantial document review exercise.’

Full story

Litigation Futures, 19th May 2016

Source: www.litigationfutures.com

Comments Off on City firm wins first contested application for use of predictive coding – Litigation Futures

Court refuses request to force alleged hacker to divulge passwords – The Guardian

‘An alleged hacker fighting extradition to the US will not have to give the passwords for his encrypted computers to British law enforcement officers, following a landmark legal ruling.’

Full story

The Guardian, 10th May 2016

Source: www.guardian.co.uk

Comments Off on Court refuses request to force alleged hacker to divulge passwords – The Guardian

Part 25 Applications – The theory and the practice – Family Law Week

‘Marie Crawford, barrister, Becket Chambers considers the disconnection between theory and practice in making applications to adduce expert evidence.’

Full story

Family Law Week, 21st April 2016

Source: www.familylawweek.co.uk

Comments Off on Part 25 Applications – The theory and the practice – Family Law Week

Barrister direct access service “growing fast”, with bespoke technology set to go live – Legal Futures

Posted April 14th, 2016 in barristers, case management, internet, news by sally

‘A direct access service providing the public and businesses with fixed-fee unbundled access to barristers, claims to have doubled its turnover in each of the last two years and expects to grow next year.’

Full story

Legal Futures, 14th April 2016

Source: www.legalfutures.co.uk

Comments Off on Barrister direct access service “growing fast”, with bespoke technology set to go live – Legal Futures

Amended costs management rules come into force – Litigation Futures

‘The amended costs management rules came into force today as part of the latest CPR update, following the review carried out by a Civil Procedure Rules Committee group headed by Mr Justice Coulson.’

Full story

Litigation Futures, 6th April 2016

Source: www.litigationfutures.com

Comments Off on Amended costs management rules come into force – Litigation Futures

Speech by Lord Justice Fulford for NPCC: National Criminal Justice Performance Conference – Courts and Tribunals Judiciary

Posted March 17th, 2016 in case management, courts, criminal justice, judges, speeches by tracey

‘Speech by Lord Justice Fulford for NPCC: National Criminal Justice Performance Conference.’

Full speech

Courts and Tribunals Judiciary, 16th March 2016

Source: www.judiciary.gov.uk

Comments Off on Speech by Lord Justice Fulford for NPCC: National Criminal Justice Performance Conference – Courts and Tribunals Judiciary

Mental Capacity Law Newsletter – 39 Essex Chambers

Mental Capacity Law Newsletter (PDF)

39 Essex Chambers, March 2016

Source: www.39essex.com

Comments Off on Mental Capacity Law Newsletter – 39 Essex Chambers

LIBOR case transferred to Financial List despite need for new judge – Litigation Futures

Posted March 1st, 2016 in banking, case management, courts, damages, financial regulation, interest, judges, news by sally

‘A claim against Royal Bank of Scotland (RBS), including allegations of rigging the LIBOR rate, has been transferred to the new Financial List even though the move means bringing in a new judge.’

Full story

Litigation Futures, 1st March 2016

Source: www.litigationfutures.com

Comments Off on LIBOR case transferred to Financial List despite need for new judge – Litigation Futures

Judicial involvement in pre-proceedings for care cases to be piloted: top judge – Local Government Lawyer

‘Schemes for judicial and CAFCASS involvement in the pre-proceedings phase of some types of care case will be piloted in selected courts shortly, the President of the Family Division has said.’

Full story

Local Government Lawyer, 1st March 2016

Source: www.localgovernmentlawyer.co.uk

Comments Off on Judicial involvement in pre-proceedings for care cases to be piloted: top judge – Local Government Lawyer

Online divorce and probate set for early 2017, Munby says – Legal Futures

Posted March 1st, 2016 in case management, courts, divorce, internet, news, probate, speeches by sally

‘Online divorce and probate are set to be delivered under the courts modernisation programme by early 2017, the president of the Family Division has said.’

Full story

Legal Futures, 1st March 2016

Source: www.legalfutures.co.uk

Comments Off on Online divorce and probate set for early 2017, Munby says – Legal Futures

High Court penalises party over non-compliant expert evidence and excessive bundles – Litigation Futures

Posted February 2nd, 2016 in case management, costs, expert witnesses, news, penalties by sally

‘The High Court has issued a costs penalty to a claimant that included material in expert evidence that it was not meant to and also flooded a preliminary hearing with unnecessary bundles.’

Full story

Litigation Futures, 28th January 2016

Source: www.litigationfutures.com

Comments Off on High Court penalises party over non-compliant expert evidence and excessive bundles – Litigation Futures

Cook v Virgin Media Ltd; McNeil v Tesco plc – WLR Daily

Cook v Virgin Media Ltd; McNeil v Tesco plc [2015] EWCA Civ 1287; [2015] WLR (D) 538

‘The English court had power to apply the doctrine of forum non conveniens in a purely domestic context, exercising the court’s wide general case management powers in CPR rr 3.1(2)(m) and 3.3, and therefore could strike out or stay proceedings brought in England where Scotland was the natural and more appropriate forum.’

WLR Daily, 14th December 2015

Source: www.iclr.co.uk

Comments Off on Cook v Virgin Media Ltd; McNeil v Tesco plc – WLR Daily

Abdulle and others v Commissioner of Police of the Metropolis – WLR Daily

Abdulle and others v Commissioner of Police of the Metropolis [2015] EWCA Civ 1260; [2015] WLR (D) 513

‘The Court of Appeal would not lightly interfere with a case management decision and would support robust and fair case management decisions by first instance judges to strike out, or to decline to strike out, claims under CPR r 3.4(2)(c). In a case in which the balance was a “fine” one, an appellate court should respect the balance struck by the first instance judge.’

WLR Daily, 8th December 2015

Source: www.iclr.co.uk

Comments Off on Abdulle and others v Commissioner of Police of the Metropolis – WLR Daily