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.’

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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.’

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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.’

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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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Jackson: costs management is here to stay – Law Society’s Gazette

Posted May 14th, 2015 in budgets, case management, costs, news by tracey

‘The architect of controversial costs management reforms has returned to the subject to insist his changes will not be watered down.’

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Law Society’s Gazette, 14th May 2015

Source: www.lawgazette.co.uk

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Judge asks: Where are all the applications to vary budgets? – Litigation Futures

Posted May 12th, 2015 in budgets, case management, judges, news by tracey

‘A leading judge has expressed his “deep unease about the desert of applications” to vary costs budgets – with practitioners responding that they are positively avoiding doing so.’

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Litigation Futures, 12th May 2015

Source: www.litigationfutures.com

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Delays in Court of Protection ‘readily tolerated’ – Munby – Law Society’s Gazette

Posted May 11th, 2015 in case management, Court of Protection, delay, news by sally

‘The president of the Family Division has bemoaned what he called ‘systemic failures’ in Court of Protection procedures causing cases to take years to reach full hearing.’
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Law Society’s Gazette, 8th May 2015

Source: www.lawgazette.co.uk

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Delay Too Often Defeats Justice – Speech by Master of the Rolls

Posted April 30th, 2015 in case management, costs, delay, magna carta, news, speeches by sally

Delay Too Often Defeats Justice (PDF)

Speech by Master of the Rolls

The Law Society, Magna Carta Event, 22nd April 2015

Source: www.judiciary.gov.uk

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Late applications to amend come a cropper in High Court – Litigation Futures

Posted April 30th, 2015 in amendments, banking, case management, delay, evidence, litigants in person, news by sally

‘The High Court has condemned as “utterly inappropriate” a bid by one of the big banks to amend its defence and serve a new witness statement on a litigant in person on the eve of trial.’
Full story

Litigation Futures, 29th April 2015

Source: www.litigationfutures.com

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Costs Management, Proportionality and How the Courts Will Approach Costs Incurred Across the 2013 Divide – Zenith PI Blog

Posted April 21st, 2015 in budgets, case management, civil procedure rules, costs, news, proportionality by sally

‘Since the introduction of the Civil Procedure Rules, the standard basis of assessment of costs in civil litigation has required costs to be proportionate to the matters in issue as well as reasonably incurred and proportionate in amount.’

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Zenith PI Blog, 20th April 2015

Source: www.zenithpi.wordpress.com

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Well I wouldn’t start from here – Nearly Legal

‘A cautionary tale on how, when things go badly wrong, it is, by and large, better not to take active steps to make them worse.’

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Nearly Legal, 8th April 2015

Source: www.nearlylegal.co.uk

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The Rivlin Report – the Bar talking to itself? – Halsbury’s Law Exchange

Posted April 7th, 2015 in barristers, case management, fees, guilty pleas, legal education, news, reports, trials by sally

‘The last of the three “state of the Bar” reports, the “Criminal Justice, Advocacy and the Bar” Report by the Criminal Justice Reform Group (generally known as the Rivlin Report) was released shortly before Easter. Unlike Leveson and Jeffrey’s, the MoJ did not commit to consider this report before deciding on the future of legal aid provision. As this was a report commissioned by the Bar Council (the report itself acknowledges “we should stress that the substance of this Report, and the recommendations which accompany it, are independent and made on behalf of the Bar”), this may not have been a bad call by the MoJ.’

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Halsbury’s Law Exchange, 7th April 2015

Source: www.halsburyslawexchange.co.uk

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Regina v Boardman – WLR Daily

Posted March 4th, 2015 in appeals, case management, criminal justice, delay, evidence, law reports, trials by sally

Regina v Boardman [2015] EWCA Crim 175; [2015] WLR (D) 92

‘A judge was fully entitled to refuse to allow the prosecution to adduce evidence of telephone data records where they had failed to progress the case properly or in accordance with the Criminal Procedure Rules or other direction even though such refusal effectively brought the prosecution to an end. The Court of Appeal would support trial judges in the exercise of their discretion in discharging their case management responsibilities.’

WLR Daily, 26th February 2015

Source: www.iclr.co.uk

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Judge criticises council after toddler taken into care over father’s links to English Defence League – Daily Telegraph

Posted February 18th, 2015 in care orders, case management, children, local government, news, social services by sally

‘Sir James Munby says approach taken by Darlington Borough Council “almost a textbook example of how not to pursue a care case” over fears of links to EDL.’

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Daily Telegraph, 17th February 2015

Source: www.telegraph.co.uk

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The view from the bench (III) – New Law Journal

Posted February 16th, 2015 in case management, judiciary, law firms, news, solicitors, witnesses by sally

‘Elizabeth Metliss considers the judicial view of law firms.’

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New Law Journal, 13th February 2015

Source: www.newlawjournal.co.uk

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Down the Rabbit Hole – Late Reliance under FOIA – Panopticon

Posted February 16th, 2015 in case management, freedom of information, news, tribunals by sally

‘Says the White Rabbit in Alice in Wonderland, “Oh my furry whiskers, I’m late, I’m late, I’m late!” Although the application of FOIA may sometimes feel like Wonderland, the feeling it induces is normally more akin to turning up unexpectedly at the Mad Hatter’s Tea Party (although attributing FTT judicial figures to the characters of the Mad Hatter and the Dormouse is beyond me). But one thing that has, since Birkett v DEFRA [2011] EWCA Civ 1606, not generally proved very controversial is the question of late reliance on exemptions; the White Rabbit need have little fear. Birkett made clear that late (usually after the DN and in the course of litigation before the FTT) reliance on substantive exemptions is permissible, subject to case management powers, under the EIR. The unappealed equivalent decision under FOIA, Information Commissioner v Home Office [2011] UKUT 17 (AAC), has generally been assumed to be correct.’

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Panopticon, 15th February 2015

Source: www.panopticonblog.com

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