Expert Evidence, Adjournment and Proving Loss: A Practical View from the Bar – Littleton Chambers

Posted February 17th, 2017 in adjournment, case management, expert witnesses, news by sally

‘There has recently been a run of cases in which courts have at case and costs management conferences (CCMC) refused permission to a party seeking to call an expert. Such refusals may be made on grounds of relevance, proportionality or because the evidence that is sought to be adduced is, on analysis, not expert evidence at all, as held by the judge in Darby Properties Ltd and another v Lloyds Bank plc [2016] EWHC 2494 (Ch).’

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Littleton Chambers, 11th January 2017

Source: www.littletonchambers.com

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Cooperation With Counsel – Zenith PI Blog

Posted February 14th, 2017 in barristers, case management, news, personal injuries, solicitors by sally

‘This blog is addressed to solicitors and indeed to those who instruct counsel, particularly in relation to the fast-track trials and other proceedings such as small claims and indeed interlocutory matters. I feel that this is a timely Note, because thanks to the minimal remuneration which is nowadays given to solicitors (let alone counsel), solicitors are placed in great difficulty in dealing with claims of this kind efficiently. But, just as it is true that some cases are won by good preparation, so it is also unhappily true that many good cases are lost by poor preparation.’

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Zenith PI Blog, 13th February 2017

Source: www.zenithpi.wordpress.com

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Legal Ombudsman suspends publication of complaints data over accuracy concerns – Legal Futures

Posted February 13th, 2017 in case management, complaints, internet, legal ombudsman, mistake, news by sally

‘The Legal Ombudsman (LeO) has pulled from its website the details of law firms and chambers that have been subject to complaints because of concerns over their accuracy, it has emerged.’

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Legal Futures, 13th February 2017

Source: www.legalfutures.co.uk

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Immigration tribunal President blasts legal representatives in sex grooming gang appeal – Free Movement

‘President McCloskey has blasted the representatives for both claimants and the Home Office in his latest determination of Shabir Ahmed and others (sanctions for non – compliance) [2016] UKUT 00562 (IAC).’

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Free Movement, 13th January 2017

Source: www.freemovement.org.uk

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Time to comply – New Law Journal

Posted December 20th, 2016 in case management, civil procedure rules, damages, delay, news by sally

‘Julia Messervy-Whiting & Sofia Lobosco outline the importance of compliance with court orders, directions and CPR.’

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New Law Journal, 19th December 2016

Source: www.newlawjournal.co.uk

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Incurred costs do not need to be contested at first CMC, rule committee says – Litigation Futures

Posted December 19th, 2016 in case management, civil procedure rules, costs, news by sally

‘The cost budgeting rules are to be amended to make it clear that the case management hearing is not the forum to debate incurred costs.’

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Litigation Futures, 16th December 2016

Source: www.litigationfutures.com

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Judge calls for LiP powers after court ‘bombarded’ with emails – Law Society’s Gazette

Posted December 12th, 2016 in case management, judges, litigants in person, news by sally

‘An appeal judge has called for extra powers to curb the activities of litigants in person who inundate courts with communications.’

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Law Society’s Gazette, 9th December 2016

Source: www.lawgazette.co.uk

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Judicial Assessments: More New Clothes for the Emperor? By Daniel Northall – Littleton Chambers

Posted December 1st, 2016 in arbitration, case management, costs, employment tribunals, judiciary, news by sally

‘On 3 October 2016, the President of the Employment Tribunals, Judge Brian Doyle, issued presidential guidance on a newly introduced process of judicial assessment.’

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Littleton Chambers, 18th November 2016

Source: www.littletonchambers.com

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Exclusive: High Court lambasts BSB for “seriously mishandling” disciplinary case – Legal Futures

Posted November 28th, 2016 in barristers, case management, disciplinary procedures, news, solicitors, tribunals by tracey

‘The High Court has overturned a disciplinary finding against a barrister after finding that the Bar Standards Board “seriously mishandled” the case.’

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Legal Futures, 28th November 2016

Source: www.legalfutures.co.uk

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Surveillance Skulduggery? – Zenith PI Blog

Posted November 17th, 2016 in case management, damages, evidence, news, personal injuries by sally

‘In Stewart v Kelly Blake J dealt with an application, made by a Defendant in a personal injury claim, to adduce surveillance evidence. The ex tempore judgment – currently available only in summary form – deals with the principles to be applied in relation to ambushes and surveillance.’

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Zenith PI Blog, 15th November 2016

Source: www.zenithpi.wordpress.com

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Use of electronic trial bundles in the civil courts: the pros and cons – OUT-LAW.com

Posted November 16th, 2016 in case management, disclosure, documents, electronic filing, news by sally

‘FOCUS: Growing support for the use of digital technology in the UK courts means it is now easier and quicker for parties to litigation to view and exchange court papers.’

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OUT-LAW.com, 15th November 2016

Source: www.out-law.com

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Departing Jackson – New Law Journal

Posted October 31st, 2016 in budgets, case management, civil procedure rules, costs, news by sally

‘Francis Kendall reports on a positive result for costs budgeting.’

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New Law Journal, 18th October 2016

Source: www.newlawjournal.co.uk

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Judge issues warning on late service and litigants in person – Local Government Lawyer

Posted October 14th, 2016 in case management, delay, litigants in person, news, practice directions, service by sally

‘A judge has warned against unfairness to litigants in person caused by late service of documents.’

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Local Government Lawyer, 12th October 2016

Source: www.localgovernmentlawyer.co.uk

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Jackson: call for multi-track fixed costs is not an admission of costs management’s failure – Litigation Futures

Posted October 14th, 2016 in case management, civil procedure rules, costs, news by sally

‘Lord Justice Jackson said today that his call to extend fixed recoverable costs to the lower reaches of the multi-track is not an admission that costs management has not worked.’

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Litigation Futures, 13th October 2016

Source: www.litigationfutures.com

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High Court warning to lawyers over fair treatment of litigants in person – Litigation Futures

Posted October 10th, 2016 in case management, delay, litigants in person, news, practice directions, service by sally

‘The High Court has issued a warning to lawyers over dumping legal documents on litigants in person (LiPs) at the door of the court.’

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Litigation Futures, 6th October 2016

Source: www.litigationfutures.com

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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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