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

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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

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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

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Resolving disputes over arbitration jurisdiction ‘good case management’ by English courts, experts say – OUT-LAW.com

‘By stepping in to resolve a dispute over the tribunal’s jurisdiction rather than leave the question to the tribunal, the English courts have in fact reinforced their commitment to support this form of dispute resolution.’

Full story

OUT-LAW.com, 1st December 2015

Source: www.out-law.com

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Speech by HHJ Edmund QC on Better Case Management and the Plea and Trial Preparation Hearing – Courts and Tribunals Judiciary

‘Speech by HHJ Edmund QC at the Criminal Bar Association Ann Goddard Memorial Lecture on 3 November 2015 entitled ”All Change: What you need to know about Better Case Management and the Plea and Trial Preparation Hearing”.

Full speech

Courts and Tribunals Judiciary, 17th November 2015

Source: www.judiciary.gov.uk

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Even a Single Page Missing … – Zenith PI Blog

Posted November 16th, 2015 in case management, copyright, evidence, judgments, news by sally

‘A ruthless and salient reminder in procedure – make sure every page is in the bundle before the trial!’

Full story

Zenith PI Blog, 13th November 2015

Source: www.zenithpi.wordpress.com

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Leveson: civil courts could introduce online screening of cases – Litigation Futures

Posted November 16th, 2015 in case management, civil justice, dispute resolution, family courts, news by sally

‘Sir Brian Leveson, president of the Queen’s Bench Division, has argued that a “change in approach” is needed by the civil and family courts, including the introduction of a “screening process”.’

Full story

Litigation Futures, 13th November 2015

Source: www.litigationfutures.com

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Tick-box police never go to court, says official report – Daily Telegraph

Posted November 12th, 2015 in case management, courts, Crown Prosecution Service, news, police, reports, victims by sally

‘Official inspection is critical of the way police and prosecutors treat vulnerable victims and witnesses.’

Full story

Daily Telegraph, 12th November 2015

Source: www.telegraph.co.uk

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Domestic violence victims ‘put at risk’ by erratic handling of cases – The Guardian

‘Victims of domestic violence and other vulnerable witnesses are being put at risk by the erratic handling of sensitive cases by police and prosecutors, inspectors have said.’

Full story

The Guardian, 12th November 2015

Source: www.guardian.co.uk

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Radicalisation Cases in the Family Courts – Courts and Tribunals Judiciary

Posted October 9th, 2015 in care orders, case management, family courts, lists, news, terrorism, wardship by tracey

‘Guidance issued by Sir James Munby President of the Family Division on 8 October 2015.’

Full guidance

Courts and Tribunals Judiciary, 8th October 2015

Source: www.judiciary.gov.uk

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Deport first, appeal later–the effects explained – Halsbury’s Law Exchange

‘Deport first, appeal later is part of the current strategy to cut net migration. As set out in the Immigration Bill 2015-16, the rule has been extended to all immigration appeals and judicial reviews, including where a so-called family life is involved, apart from asylum claims.’

Full story

Halsbury’s Law Exchange, 30th September 2015

Source: www.halsburyslawexchange.co.uk

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Where do the boundaries lie? MN (Adult) [2015] EWCA Civ 411 – No. 5 Chambers

‘Sir James Munby, President of the Court of Protection, provided clear guidance as to the nature of the Court of Protection’s jurisdiction, and the approach that should be adopted when a care provider is unwilling to provide, or to fund, the care sought.’

Full story

No. 5 Chambers, 2nd September 2015

Source: www.no5.com

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Costs budgeting rules to be lifted for child claims – Law Society’s Gazette

Posted August 7th, 2015 in budgets, case management, children, civil procedure rules, costs, news by tracey

‘Civil procedure rules are set to be changed to make cases relating to children exempt from costs management.’

Full story

Law Society’s Gazette, 6th August 2015

Source: www.lawgazette.co.uk

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Court of Appeal agrees that Detained Fast Track appeals are inherently unfair – Free Movement

Posted July 30th, 2015 in appeals, asylum, case management, news by sally

‘In a judgment handed down this morning, the Court of Appeal has agreed with Nichol J’s earlier judgment in the High Court holding the Detained Fast Track appeal system to be inherently unfair. The new judgment is The Lord Chancellor v Detention Action [2015] EWCA Civ 840. The Home Office were an interested party.’

Full story

Free Movement, 29th July 2015

Source: www.freemovement.org.uk

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High Court abandons cost budgeting for clinical negligence claims to clear backlog – Litigation Futures

Posted July 3rd, 2015 in budgets, case management, costs, negligence, news, personal injuries by tracey

‘Costs budgeting will not be applied to High Court clinical negligence cases listed for costs hearings between October 2015 and January 2016 in an attempt to clear the backlog, it has emerged.’

Full story

Litigation Futures, 2nd July 2015

Source: www.litigationfutures.com

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Regina (Detention Action) v First-tier Tribunal (Immigration and Asylum Chamber) and others – WLR Daily

Regina (Detention Action) v First-tier Tribunal (Immigration and Asylum Chamber) and others [2015] EWHC 1689 (Admin); [2015] WLR (D) 267

‘The fast track rule regime in the Schedule to the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 was ultra vires.’

WLR Daily, 12th June 2015

Source: www.iclr.co.uk

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Stocker v Stocker [2015] EWHC 1634 (QB) – Zenith PI Blog

Posted June 26th, 2015 in budgets, case management, costs, news by sally

‘Whilst the recent case of STOCKER v STOCKER [2015] EWHC 1634 (QB) is a libel case, the guidance on cost budgeting is relevant to all civil proceedings. Mr Justice Warby, who adjudicated on costs budget in Mr Yeo MP’s libel claim (Yeo v Times Newspapers 2015 EWHC 209)) has given some further guidance of general interest on proportionality, costs of budgeting, experts, trial preparation and costs of the trial in Stocker v Stocker. By the way, he reduced the Defendant’s estimated costs by 40%, from £330,000 to £197,000, not a good outcome for Mrs Stocker and her legal team.’
Full story

Zenith PI Blog, 26th June 2015

Source: www.zenithpi.wordpress.com

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Dyson calls on judges to lead resistant lawyers to embrace post-Jackson “culture of reform” – Litigation Futures

Posted May 22nd, 2015 in case management, civil justice, news by sally

‘Judges need to lead the way in jolting lawyers out of their “comfort zones” so as to fully embrace the Jackson reforms, the Master of the Rolls has said, citing the lack of progress on disclosure and ‘hot-tubbing’ as examples where the new rules have not been embraced.’

Full story

Litigation Futures, 22nd May 2015

Source: www.litigationfutures.com

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Harbour Lecture by Lord Justice Dyson MR: Confronting Costs Management – Courts and Tribunals Judiciary

Posted May 15th, 2015 in budgets, case management, costs, speeches by tracey

‘Harbour Lecture by Lord Justice Dyson MR: Confronting Costs Management.’

Full speech

Courts and Tribunals Judiciary, 14th May 2015

Source: www.judiciary.gov.uk

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Harbour Lecture by Lord Justice Jackson: Confronting Costs Management – Courts and Tribunals Judiciary

Posted May 15th, 2015 in case management, costs, lectures by tracey

‘Harbour Lecture by Lord Justice Jackson: Confronting Costs Management.’

Full speech

Courts and Tribunals Judiciary, 14th May 2015

Source: www.judiciary.gov.uk

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