Coventry and others (Respondents) v Lawrence and another (Appellants) – Supreme Court

Coventry and others (Respondents) v Lawrence and another (Appellants) [2014] UKSC 46 (YouTube)

Supreme Court, 23rd July 2014

Source: www.youtube.com/user/UKSupremeCourt

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Legislation passed to ban PI inducements – Law Society’s Gazette

‘The government has introduced legislation to clamp down on personal injury inducements from lawyers offering clients money or gifts such as iPads in exchange for pursuing claims.’

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Law Society’s Gazette, 25th July 2014

Source: www.lawgazette.co.uk

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Private nuisance – Article 6 and the costs conundrum – UK Human Rights Blog

Posted July 25th, 2014 in costs, human rights, insurance, news, nuisance, protective costs orders by tracey

‘Coventry v. Lawrence [2014] UKSC 13, 23 July 2014, read judgment and Austin v. Miller Argent [2014] EWCA Civ 1012, 21 July 2014. Two important cases in the last few days showing how difficult it is to find a fair way to litigate private nuisance cases. Most of these claims have a modest financial value, but may raise complex factual and expert issues, even before you get to the law. The first case I shall deal with, Coventry, shows the iniquities of the recently departed system. The second, Austin, the dangers of the new.’

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UK Human Rights Blog, 23rd July 2014

Source: www.ukhumanrightsblog.com

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The Criminal Practice Directions, revised October 2014 – Judiciary of England and Wales

Posted July 25th, 2014 in costs, criminal procedure, practice directions, press releases by tracey

‘The Criminal Practice Directions, revised October 2014: Summary of Key Changes and Additions.’

Full press release

Judiciary of England & Wales, 23rd July 2014

Source: www.judiciary.gov.uk

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Austin v Miller Argent (South Wales) Ltd – WLR Daily

Posted July 23rd, 2014 in damages, EC law, law reports, nuisance, protective costs orders by michael

Austin v Miller Argent (South Wales) Ltd [2014] EWCA Civ 1012;  [2014] WLR (D)  331

‘Private nuisance actions were in principle capable of constituting procedures which fell within the scope of article 9.3 of the Aarhus Convention. There had to be a significant public interest in the action to justify conferring special costs protection on a claimant. The article 9.4 obligation which afforded procedural costs protection was no more than a factor to take into account when deciding whether to grant a protected costs order.’

WLR Daily, 21st July 2014

Source: www.iclr.co.uk

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Local Authority Focus – July 2014 – Family Law Week

Posted July 18th, 2014 in care orders, costs, equality, fostering, judicial review, local government, news by tracey

‘Sally Gore, barrister, of Fenners Chambers considers recent case law and other developments of particular significance to local authorities.’

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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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Recalibrating Mitchell – New Law Journal

Posted July 14th, 2014 in civil procedure rules, costs, news, sanctions by sally

‘Dominic Regan provides a guide to the post-Mitchell three-step test.’

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New Law Journal, 11th July 2014

Source: www.newlawjournal.co.uk

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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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Grayling agrees legal aid truce with barristers over complex fraud trials – The Guardian

Posted July 8th, 2014 in barristers, costs, fees, legal aid, Ministry of Justice, news, trials by tracey

‘Barristers and the justice secretary, Chris Grayling, have agreed a temporary truce in a dispute that threatened to halt all complex fraud trials. Amid taunts of a government climbdown, the Ministry of Justice has enforced a 30% cut in legal aid fees for what are known as Very High Cost Cases (VHCC) but agreed to make more generous payments at an earlier stage in court proceedings.’

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The Guardian, 8th July 2014

Source: www.guardian.co.uk

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Skraba v Regional Court in Nowy Sacz, Poland – WLR Daily

Posted July 8th, 2014 in appeals, costs, extradition, jurisdiction, law reports by tracey

Skraba v Regional Court in Nowy Sacz, Poland: [2014] EWHC 2193 (Admin); [2014] WLR (D) 292

‘Section 60(3) of the Extradition Act 2003 gave the High Court power, having dismissed an appeal against an extradition order, to review and, where considered appropriate, to vary any costs order made against the requested person by the first instance court under section 60(1)(a) of the Act.’

WLR Daily, 3rd July 2014

Source: www.iclr.co.uk

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New judicial review test “risks undermining rule of law”, peers warn – Litigation Futures

Posted July 7th, 2014 in bills, budgets, costs, judges, judicial review, legal aid, news, rule of law by sally

‘The government’s plan to introduce a stricter test on judicial review outcomes “risks undermining the rule of law”, the House of Lords constitution committee has warned.’

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Litigation Futures, 7th July 2014

Source: www.litigationfutures.com

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Court of Appeal takes some of the blame for “misunderstood and misapplied” Mitchell ruling – Litigation Futures

‘The Mitchell ruling has been “misunderstood and is being misapplied by some courts”, the Master of the Rolls said today in issuing more detailed guidance on how it should be used – while also recognising that some of the language used in Mitchell may have contributed to the problems.’

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Litigation Futures, 4th July 2014

Source: www.litigationfutures.com

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Court of Appeal sets out 3-stage test for applications for relief from sanctions – Local Government Lawyer

‘The Court of Appeal’s ruling today [4 July] in three linked appeals relating to its its earlier judgment in Mitchell will make civil litigation less adversarial and more co-operative, the Law Society has predicted.’

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Local Government Lawyer, 4th July 2014

Source: www.localgovernmentlawyer.co.uk

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Mitchell-Game, Set and Match? – NearlyLegal

‘The eagerly awaited Court of Appeal judgement in Denton & others v TH White Ltd & others was handed down on Friday. Dyson LJ provides a careful methodology on the approach to applications for relief from sanctions under CPR 3.9, with the aim to set to rights the fall-out from the landmark decision of Mitchell v News Group Newspapers Ltd’

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NearlyLegal, 6th July 2014

Source: www.nearlylegal.co.uk

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Teenager fined after taking selfie in court – Daily Telegraph

Posted July 3rd, 2014 in contempt of court, costs, fines, news, photography, sentencing, young offenders by sally

‘Joel Norris took a photo of himself and four co-defendants during his trial and uploaded it on to Twitter saying, ‘Lads in the court box lol’.’

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Daily Telegraph, 3rd July 2014

Source: www.telegraph.co.uk

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You cannot be serious! Peers call ‘out’ on Government’s judicial review reforms – UK Human Rights Blog

‘Last night saw the House of Lords’ first reaction to the Government’s proposed changes to judicial review as the Criminal Justice and Courts Bill had its second reading. Already dissected at some length in this blog, the proposals have been roundly criticised by both the senior judiciary and the Joint Committee on Human Rights. Consultations responses, including from JUSTICE, expressed concern that the measures appear, by design or coincidence, to undermine the rule of law, inhibit transparency and shield the Government from judicial scrutiny. Two key concerns arise from the Government proposals: restricting access for individuals without substantial means and limiting the courts’ discretion to do justice in the public interest. Yesterday’s debate was robust and eloquent, with former Law Lords joined by bishops and backbenchers alike to condemn the new measures.’

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UK Human Rights Blog, 1st July 2014

Source: www.ukhumanrightsblog.com

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Man awarded just £5 damages against police after court rules detention breached his rights – Daily Telegraph

Posted July 2nd, 2014 in appeals, costs, damages, detention, false imprisonment, news, police by sally

‘Court of Appeal said ‘aggressive and truculent’ man’s initial detention was unlawful and amounted to false imprisonment.’

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Daily Telegraph, 1st July 2014

Source: www.telegraph.co.uk

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Hacking trial: Legal battle set to cost taxpayers millions of pounds – The Independent

Posted July 2nd, 2014 in appeals, conspiracy, costs, fees, interception, media, news, privacy, prosecutions by sally

‘A legal battle between Rupert Murdoch’s News UK and England’s prosecuting authorities over the “astronomical” costs of the record-breaking phone hacking trial will involve “millions of pounds of taxpayers’ money”.’

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The Independent, 1st July 2014

Source: www.independent.co.uk

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Property mediation in the post-Jackson and the Mitchell world – Hardwicke Chambers

Posted June 26th, 2014 in arbitration, budgets, civil procedure rules, costs, news by sally

‘It has been clear for a while that both politicians and many members of the judiciary have left behind their initial scepticism and now become fervent supporters of formal alternative dispute resolution (ADR) processes, mediation in particular.’

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Hardwicke Chambers, 13th June 2014

Source: www.hardwicke.co.uk

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