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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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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