DPP publishes final standards for all prosecutors – Crown Prosecution Service

Posted October 2nd, 2014 in case management, codes of practice, Crown Prosecution Service, standards by tracey

‘Alison Saunders, the Director of Public Prosecutions, has today published the final version of new standards for all CPS prosecutors. This follows a consultation with the public, which demonstrated that draft interim standards published in April 2014 were largely in the right place.’

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Crown Prosecution Service, 1st October 2014

Source: www.cps.gov.uk

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Carter-Ruck granted relief from sanctions after solicitor “misread” CPR – Litigation Futures

Posted August 22nd, 2014 in case management, civil procedure rules, costs, news, solicitors, time limits by tracey

‘The High Court this week granted libel specialists Carter-Ruck relief from sanctions after an assistant solicitor “misread” the Civil Procedure Rules and was almost four months late in sending out a funding notice.’

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Litigation Futures, 22nd August 2014

Source: www.litigationfutures.com

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Guidance for the instruction of experts in civil claims 2014 – Civil Justice Council

‘Civil Justice Council issues new guidance on instructing experts in civil claims.’

Full guidance

Civil Justice Council, 13th August 2014

Source: www.judiciary.gov.uk

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Lord Neuberger, Britain’s most senior judge, admits he doesn’t read all papers in a case – Daily Telegraph

Posted August 13th, 2014 in case management, judges, news by sally

‘The president of the Supreme Court indicates he “skims” case files before an appeal, unlike other judges who “read everything”.’

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Daily Telegraph, 12th August 2014

Source: www.telegraph.co.uk

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Should children give evidence in family proceedings? – Halsbury’s Law Exchange

‘The case concerned a five-year-old boy. The appellant, his father, had applied for contact. The mother had opposed, alleging violence and so a fact finding hearing was ordered. The mother wanted her 13-year-old daughter, from a different relationship, to give evidence about some of the alleged incidents. That child had never been asked about the incidents and had to date given no account, whether by an Achieving Best Evidence (ABE) interview or otherwise. The judge ordered Cafcass to meet with this child to explore matters further – in particular, whether that child should answer questions put to her in writing and/or give live evidence at the hearing. The father appealed that decision. After the hearing and before the father obtained a stay, Cafcass met the child. Cafcass recommended that the questions should be reworded and reduced in number and also that the child “should not be compelled to provide live evidence” and/or “subjected to live cross-examination”.’

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Halsbury’s Law Exchange, 6th August 2014

Source: www.halsburyslawexchange.co.uk

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President of Family Division hits out at non-compliance with court timetables – Local Government Lawyer

Posted August 1st, 2014 in case management, delay, family courts, news by sally

‘The President of the Family Division has fired another warning to parties in cases in the Family Court that they are not permitted to amend a timetable fixed by the court without the prior approval of the court.’

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Local Government Lawyer, 31st July 2014

Source: www.localgovernmentlawyer.co.uk

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Children: Public Law Update (July 2014) – Family Law Week

Posted July 25th, 2014 in care orders, case management, children, DNA, families, jurisdiction, news by tracey

‘John Tughan, barrister, of 4 Paper Buildings reviews recent important judgments in public law children cases.’

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Family Law Week, 24th July 2014

Source: www.familylawweek.co.uk

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‘Arrogant’ barrister has contempt finding set aside – Law Society’s Gazette

‘A barrister accused of ‘breathtaking arrogance’ has had a contempt finding against him set aside, but been referred to the bar’s regulator.’

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Law Society’s Gazette, 23rd July 2014

Source: www.lawgazette.co.uk

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In re M-F (Children) (Appeal: Case Management: Necessary Delay) – WLR Daily

Posted July 23rd, 2014 in adjournment, care orders, case management, children, delay, law reports by michael

In re M-F (Children) (Appeal: Case Management: Necessary Delay) [2014] EWCA Civ 991;  [2014] WLR (D)  326

‘Section 32(1)(a)(ii) of the Children Act 1989, as amended, required that care cases be concluded within 26 weeks. However, that time limit could be extended if it was necessary to enable the court to resolve the proceedings justly since the 26 weeks rule was not, and must never be allowed to become, a straightjacket, least of all if rigorous adherence to an inflexible timetable risked putting justice in jeopardy.’

WLR Daily, 15th July 2014

Source: www.iclr.co.uk

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Applications Without Notice: A Practitioner’s Guide – Family Law Week

Posted July 22nd, 2014 in case management, children, family courts, freezing injunctions, news by sally

‘Rodney Noon, solicitor, provides a detailed review of the law and practice of – and the court’s attitude to – without notice applications in family proceedings.’

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Family Law Week, 17th July 2014

Source: www.familylawweek.co.uk

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Court of Appeal warns of consequences for overly long bundles and skeletons – Litigation Futures

Posted July 15th, 2014 in appeals, case management, civil procedure rules, costs, courts, news by tracey

‘The Court of Appeal has hit out forcefully at unnecessarily long bundles and skeleton arguments that are anything but.’

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Litigation Futures, 15th July 2014

Source: www.litigationfutures.com

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Mitchell: conjoined appeals – Law Society’s Gazette

‘Practitioners will be conscious of the ridiculous practice that ensued in the lower courts following the ‘guidance’ dispensed by the Court of Appeal in Mitchell v News Group Newspapers [2013] EWCA Civ 1537 as to the operation and application of rule 3.9 of the Civil Procedure Rules – Relief from Sanction.’

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Law Society’s Gazette, 14th July 2014

Source: www.lawgazette.co.uk

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Americhem Europe Ltd v Rakem Ltd (George Walker Transport Ltd, Part 20 defendant) – WLR Daily

Americhem Europe Ltd v Rakem Ltd (George Walker Transport Ltd, Part 20 defendant) [2014] EWHC 1881 (TCC); [2014] WLR (D) 270

‘A costs draftsman whose only involvement in a case consisted of preparing a costs budget and who did not give any form of legal advice or legally based representation was not a “senior legal representative” for the purposes of paragraph 6 of Practice Direction 3E on Costs Management.’

WLR Daily, 13th June 2014

Source: www.iclr.co.uk

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Will Court of Appeal triple-header lead to ‘Mitchell-lite’? – Litigation Futures

Posted June 20th, 2014 in appeals, budgets, case management, civil procedure rules, costs, news by tracey

‘A barrister who has led the way in analysing the impact of the Mitchell case has predicted that this week’s hearing of three “trivial breach” cases at the Court of Appeal could pave the way for “Mitchell-lite”.’

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Litigation Futures, 19th June 2014

Source: www.litigationfutures.com

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Can A Consent Order Be Set Aside In Financial Proceedings? – Family Law week

Posted June 20th, 2014 in case management, consent orders, news, practice directions, setting aside by tracey

‘In the light of TF v PJ [2014] EWHC 1780 (Fam), Francis Wilkinson, barrister of Field Court Chambers, asks whether an application to set aside is permissible where there has been a change of circumstances which undermines the basis of a consent order – and suggests an answer.’

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Family Law Week, 18th June 2014

Source: www.familylawweek.co.uk

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Lord Dyson to rule on whether cheque for court fees should have been put in Christmas post – Litigation Futures

Posted June 12th, 2014 in appeals, case management, courts, fees, news, sanctions, solicitors by sally

‘One of the three Mitchell cases to be heard by the Master of the Rolls next week centres on whether a solicitor should have put a cheque in the post shortly before Christmas to pay for the hearing fee.’

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Litigation Futures, 12th June 2014

Source: www.litigationfutures.com

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The Jackson Reforms: One year on – Falcon Chambers

‘The anniversary of the implementation of the Jackson reforms looms. Has all the fear and dread it engendered at the time been justified? Views will vary, whether because of temperament or because of preference, but in our view, for what it’s worth, the answer is “yes”. In the sphere of relief from sanctions at least, and in the kind of costs budgeting that we most often face, many of the concerns warned of in advance have come to pass. The by now well-know case of Andrew Mitchell has illustrated the draconian approach being taken by the courts to relief from sanctions, with the support of what appears to be a hand-picked Court of Appeal. The methodology of county courts in dealing with costs budgeting and CCMCs varies widely, making it difficult to predict or advise on procedural issues in the run up to trials and hearings.’

Full story (PDF)

Falcon Chambers, 25th March 2014

Source: www.falcon-chambers.com

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Appeal court set for triple Mitchell showdown – Law Society’s Gazette

Posted June 4th, 2014 in appeals, budgets, case management, civil procedure rules, costs, delay, news by tracey

‘Master of the rolls Lord Dyson is to hear three consecutive appeals over two days in an effort to clarify the post-Mitchell landscape on compliance with case management rules.’

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Law Society’s Gazette, 3rd June 2014

Source: www.lawgazette.co.uk

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In re Lehman Brothers (International) (Europe) (in administration) (No 5) – WLR Daily

In re Lehman Brothers (International) (Europe) (in administration) (No 5); Contrarian Funds LLC v Lomas and others [2014] EWHC 1687 (Ch);  [2014] WLR (D)  233

‘Approach of court to applications for extensions of time under the Insolvency Rules 1986 in light of the reformulation of CPR r 3.9 and the test to be applied on an application for relief from sanctions.’

WLR Daily, 23rd May 2014

Source: www.iclr.co.uk

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This is what we always meant – NearlyLegal

Posted May 27th, 2014 in case management, civil procedure rules, news, sanctions by sally

‘Regular readers of this blog (when it is accessible) will know that we are a housing law blog. However, housing law (for the most part) is covered by the overarching umbrella of civil law and we do therefore occasionally cover the odd important non-housing civil law development. It is for that reason that we have been following with interest (as is every single civil lawyer in England and Wales) the “fall-out” from the Jackson reforms.’

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NearlyLegal, 23rd May 2014

Source: www.nearlylegal.co.uk

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