Sir Brian Leveson’s Review of Efficiency in Criminal Proceedings published: Media Release – Judiciary of England and Wales

‘Sir Brian Leveson, The President of the Queen’s Bench Division publishes his review into efficiency in criminal proceedings today (Friday) with a wide ranging set of recommendations. He was asked by the Lord Chief Justice, Lord Thomas to find ways to make criminal justice more efficient and streamlined.’

Full press release

Judiciary of England and Wales, 23rd January 2015

Source: www.judiciary.gov.uk

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Premature service of Claim Form – avoiding disaster – Zenith PI Blog

Posted January 27th, 2015 in appeals, case management, civil procedure rules, documents, news, service by sally

‘A problem frequently arises when, for one reason or another – most frequently the late arrival of the client in a solicitor’s office – the limitation period is nearly up, but one has not got the medical report or one has not got the materials needed for the drafting of the Particulars of Claim or indeed has grave doubts about whether the claim is viable, but plainly proceedings need to be commenced notwithstanding. In those circumstances, it is recognised as the best practice, following CPR 6.4(1)(b), to issue a claim form but to notify the court that the Claimant wishes to serve the Claim Form. If one does not do that, the court will serve the Claim Form automatically, whereas if you undertake to serve it yourself, you will have up to four months within which to serve the Claim Form. During that time, one can ensure that what needs to be done in order to present a coherent and correctly presented claim can be done.’

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Zenith PI Blog, 26th January 2015

Source: www.zenithpi.wordpress.com

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Inefficient court system should be streamlined, Leveson says – BBC News

Posted January 23rd, 2015 in case management, civil justice, criminal justice, delay, juries, news by sally

‘A senior judge has set out plans to “streamline” the “inefficient, time consuming and… very expensive” justice system in England and Wales.’

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BBC News, 23rd January 2015

Source: www.bbc.co.uk

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Late requests for paper CMCs “run the risk of sanctions”, High Court warns – Litigation Futures

Posted January 14th, 2015 in case management, news, time limits by tracey

‘Lawyers who make late requests for paper case management conferences (CMCs) without good reason “run the risk of sanctions”, the High Court has warned.’

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Litigation Futures, 14th January 2015

Source: www.litigationfutures.com

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Asking for relief – NearlyLegal

‘This is a housing case, but the procedural issue in this decision is only tangentially related to that. Nonetheless, it is a matter worth noting.’

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NearlyLegal, 10th January 2015

Source: www.nearlylegal.co.uk

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An avalanche of reform – New Law Journal

Posted January 9th, 2015 in case management, divorce, family courts, financial provision, news by sally

‘Geraldine Morris reviews the family law changes in 2014 & makes predictions for the year ahead.’

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New Law Journal, 8th January 2015

Source: www.newlawjournal.co.uk

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Failure to file LQ – Relief from sanctions refused – Zenith PI Blog

Posted December 16th, 2014 in appeals, case management, civil procedure rules, documents, news, sanctions by tracey

‘British Gas Trading Ltd v Oak Cash & Carry Ltd [2014] EWHC 4058 (QB) 5th December 2014. Relief from sanctions refused where a failure to file the LQ in breach of an unless order led to the loss of the trial date. Although the Defendant applied for relief from sanctions, there was no for the default judgment to be set aside, and no evidence in support of such an application. In these circumstances, the court should not treat the application as though it had been made.’

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Zenith PI Blog, 15th December 2014

Source: www.zenithpi.wordpress.com

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Father treated ‘like Kafka character’ by Family Court – top judge – Daily Telegraph

Posted December 16th, 2014 in case management, family courts, injunctions, legal representation, news, notification by tracey

‘A father who was banned from his own street, cut off from his children for five months, with no opportunity to defend himself, and then arrested for text messaging his son, was treated like a character from a Kafka novel, a senior judge has admitted.’

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Daily Telegraph, 15th December 2015

Source: www.telegraph.co.uk

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Court of Appeal urges lawyers to get “back to basics” on pleadings – Litigation Futures

Posted December 12th, 2014 in case management, drafting, news, pleadings by sally

‘It is time for pleadings to get “back to basics”, the Court of Appeal said yesterday after suggesting that “practitioners have, on occasion, lost sight” that their aim is to help the court and the parties.’

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Litigation Futures, 12th December 2014

Source: www.litigationfutures.com

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Global Torch Ltd v Apex Global Management Ltd and others (No 2); Apex Global Management Ltd v Fi Call Ltd and others (No 2) – WLR Daily

Posted December 8th, 2014 in appeals, case management, disclosure, law reports by sally

Global Torch Ltd v Apex Global Management Ltd and others (No 2); Apex Global Management Ltd v Fi Call Ltd and others (No 2) [2014] UKSC 65; [2014] WLR (D) 515

‘The standard form of disclosure ordered at a case management hearing normally required a personal signature by the party making the disclosure. It would be inappropriate for an appellate court to interfere with the case management decision of a first instance judge unless it were outside the generous ambit within which reasonable decision-makers might disagree.’

WLR Daily, 26th November 2014

Source: www.iclr.co.uk

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Dyson: miscarriages of justice likely since LASPO – Law Society’s Gazette

‘Master of the rolls Lord Dyson has told MPs that an increase in litigants in person has caused miscarriages of justice.’

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Law Society’s Gazette, 1st December 2014

Source: www.lawgazette.co.uk

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The consequences of non payment of Court fees and the failure to file trial bundles – A recent case considered – Zenith PI Blog

Posted November 24th, 2014 in case management, delay, fees, news, solicitors, striking out by sally

‘Despite solicitors for three claimants failing to pay the relevant court fees, failing to file a pre-trial checklist, and failing to prepare a trial bundle (which caused the trial window to be lost) it was nonetheless inappropriate to strike out the claim- the case was all but ready for trial and the claim was not insubstantial.’

Full story

Zenith PI Blog, 21st November 2014

Source: www.zenithpi.wordpress.com

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Blowing the budget – New Law Journal

Posted November 18th, 2014 in budgets, case management, costs, disclosure, news by sally

‘Richard Harrison argues that the present structure of case and costs management is misconceived.’

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New Law Journal, 12th November 2014

Source: www.newlawjournal.co.uk

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Altomart Ltd v Salford Estates (No 2) Ltd – WLR Daily

Posted October 31st, 2014 in case management, civil procedure rules, law reports, service, time limits by sally

Altomart Ltd v Salford Estates (No 2) Ltd [2014] EWCA Civ 1408; [2014] WLR (D) 451

‘An application under CPR r 3.1(2)(a) for an extension of time in which to file a respondent’s notice was by analogy subject to the robust approach to compliance with rules set down by the Court of Appeal in relation to applications for relief from sanction under CPR r 3.9.’

WLR Daily, 29th October 2014

Source: www.iclr.co.uk

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Finding your way – New Law Journal

Posted October 28th, 2014 in budgets, case management, disclosure, documents, law firms, news by sally

‘Jeffrey T Shapiro & James Morrey-Jones examine how law firms should budget for e-discovery post-Jackson.’

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New Law Journal, 27th October 2014

Source: www.newlawjournal.co.uk

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Service by the courts – Law Society’s Gazette

‘A recent case provides clarification and guidance on the issue of service by the courts in contravention of the claimant’s instructions.’

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Law Society’s Gazette, 27th October 2014

Source: www.lawgazette.co.uk

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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.’

Full text

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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