Court has power to apply costs management to litigant in person, chief master rules – Litigation Futures

Posted September 20th, 2016 in case management, civil procedure rules, costs, litigants in person, news by tracey

‘Courts can make a costs management order in relation to litigant in person (LiP) costs, and LiPs can recover costs where they obtain assistance from lawyers short of them having conduct of the case, the chief Chancery master has ruled.’

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Litigation futures, 19th September 2016

Source: www.litigationfutures.com

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A watershed moment? – New Law Journal

Posted September 1st, 2016 in case management, computer programs, costs, disclosure, news by sally

‘Is 2016 the year of technology assisted review, ask Andy McGregor & Daniel Wyatt.’

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New Law Journal, 17th August 2016

Source: www.newlawjournal.co.uk

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£13m claim made subject to costs management to ensure it is dealt with justly – Litigation Futures

Posted August 23rd, 2016 in case management, civil procedure rules, costs, news by sally

‘The chief Chancery master has ordered that a case be cost-managed after its £13m value was not disclosed in the claim form, finding that anyway there were “positive reasons why cost management is desirable”.’

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Litigation Futures, 22nd August 2016

Source: www.litigationfutures.com

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High Court judge criticises parties and their solicitors for “attritional warfare” – Litigation futures

Posted August 3rd, 2016 in case management, news, personal injuries, solicitors, video recordings by tracey

‘A High Court judge has criticised the conduct of the parties and solicitors on both sides of a personal injury dispute for engaging in the type of “attritional warfare” that has been dying out.’

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Litigation Futures, 3rd August 2016

Source: www.litigationfutures.com

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Costs management – New Law Journal

Posted July 27th, 2016 in budgets, case management, civil procedure rules, costs, fees, news, time limits by sally

‘One of the most important aspects of the Jackson Reforms relates to costs budgeting and the use of Precedent H.’

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New Law Journal, 26th July 2016

Source: www.newlawjournal.co.uk

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Predictive coding – the current landscape – Hardwicke Chambers

‘Disclosure of documents is a significant driver of costs. Where the relevant documents are electronic, the problem is usually exacerbated. This is simply because the vast majority of documents are now created electronically and the proliferation and storage capacity of day-to-day IT equipment is such that the amount of information available may be enormous.’

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Hardwicke Chambers, 21st July 2016

Source: www.hardwicke.co.uk

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Failure to serve costs budget limits claimant’s recovery to court fees in £3m quantum-only dispute – Litigation Futures

‘The fact that a clinical negligence case had become a quantum-only dispute did not take it out of the costs management regime, meaning that the claimant’s failure to serve a costs budget restricted its recoverable costs to the court fees only, the Court of Appeal has ruled.’

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Litigation Futures, 25th July 2016

Source: www.litigationfutures.com

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Jamie Susskind Comments on Sir Peter Gross’ Lecture on Judicial Leadership – Littleton Chambers

Posted July 12th, 2016 in case management, judiciary, lectures, news by sally

‘In the aftermath of the EU referendum, observers of British politics have been treated to a Shakespearean orgy of bloodletting, mud-slinging, defenestrating, and back-stabbing. Lawmakers of all parties are settling scores and jostling for position.’

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Littleton Chambers, 7th July 2016

Source: www.littletonchambers.com

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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.’

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Litigation Futures, 14th June 2016

Source: www.litigationfutures.com

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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

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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.’

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Park Square Barristers, 1st June 2016

Source: www.parksquarebarristers.co.uk

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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.’

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Local Government Lawyer, 1st June 2016

Source: www.localgovernmentlawyer.co.uk

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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.’

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OUT-LAW.com, 25th May 2016

Source: www.out-law.com

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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.’

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Litigation Futures, 23rd May 2016

Source: www.litigationfutures.com

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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.’

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Litigation Futures, 23rd May 2016

Source: www.litigationfutures.com

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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.’

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Litigation Futures, 19th May 2016

Source: www.litigationfutures.com

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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.’

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The Guardian, 10th May 2016

Source: www.guardian.co.uk

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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.’

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Family Law Week, 21st April 2016

Source: www.familylawweek.co.uk

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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.’

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Legal Futures, 14th April 2016

Source: www.legalfutures.co.uk

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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.’

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Litigation Futures, 6th April 2016

Source: www.litigationfutures.com

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