Liberties, Customs and the Free Flow of Trade – Speech by the Master of the Rolls

Liberties, Customs and the Free Flow of Trade (PDF)

Speech by the Master of the Rolls

4th Annual British Irish Commercial Law Forum, 23rd April 2015

Source: www.judiciary.gov.uk

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Procedure – 39 Essex Chambers

Posted April 29th, 2015 in anonymity, costs, damages, dismissal, legislation, media, news, personal injuries by sally

‘Section 57 of the Criminal Justice and Courts Act 2015 comes into force on 13 April 2015.

Section 57, which introduces the presumption of dismissal in personal injury claims where the claimant has been found to be fundamentally dishonest in relation to a primary or related claim, comes into force on 13 April 20151. The explanatory notes to the Bill for this Act confirm that this provision is designed to extend the power identified in Summers v Fairclough Homes Ltd2 beyond the very exceptional circumstances required there under for an abusive claim to be struck out at the end of trial. The reference to a ‘related claim’ makes it clear that the Shah v Ul-Haq3 style claimant, who dishonestly supports the fraudulent claim of another, will also stand to lose their own (honest) claim.’

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39 Essex Chambers, April 2015

Source: www.39essex.com

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Review of Costs Budgeting Process by Jackson LJ – Zenith Chambers

Posted April 29th, 2015 in budgets, costs, negligence, news, personal injuries, telephone hearings by sally

‘Following the introduction of costs budgeting as part of his wide-ranging package of civil justice reforms, Jackson LJ is now undertaking a review of the process.’

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Zenith Chambers, 20th April 2015

Source: www.zenithchambers.co.uk

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‘All creatures’ mansion owner admits illegal changes – BBC News

Posted April 28th, 2015 in costs, news, planning by sally

‘A property developer has admitted making illegal alterations to a Monmouthshire house that is said to have inspired the hymn All Things Bright and Beautiful.’

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BBC News, 27th April 2015

Source: www.bbc.co.uk

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EAT upholds £10,000 costs order against claimant “in dire straits” – Litigation Futures

Posted April 23rd, 2015 in appeals, costs, employment tribunals, news by sally

‘A costs order of £10,000 against a woman described by her barrister as “in dire straits” has been upheld by the Employment Appeal Tribunal (EAT).’

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Litigation Futures, 23rd April 2015

Source: www.litigationfutures.com

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Review of Costs Budgeting Process by Jackson LJ – Zenith PI Blog

Posted April 21st, 2015 in budgets, costs, judges, news by sally

‘Following the introduction of costs budgeting as part of his wide-ranging package of civil justice reforms, Jackson LJ is now undertaking a review of the process.’

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Zenith PI Blog, 20th April 2015

Source: www.zenithpi.wordpress.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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Jackson has mercy on claimant whose damages were wiped out by “swingeing” costs order – Litigation Futures

Posted April 21st, 2015 in appeals, costs, damages, misrepresentation, negligence, news by sally

‘Lord Justice Jackson has shown his merciful side in overturning a “swingeing” costs order which would have wiped out the £75,000 damages won by the claimant in a housing case.’

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Litigation Futures, 21st April 2015

Source: www.litigationfutures.com

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High Court judge urges commercial practitioners to cut out the insults – Litigation Futures

Posted April 17th, 2015 in barristers, costs, news, professional conduct, solicitors by sally

‘There is an “urgent need for commercial practitioners to bring a sense of proportion” to hard-fought litigation, a High Court judge said yesterday as he called on lawyers to bring down, rather than raise, the temperature of disputes.’

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Litigation Futures, 17th April 2015

Source: www.litigationfutures.com

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Freedom of information: round-up – Law Society’s Gazette

‘Transparency and openness for local authorities does not just mean disclosing information under the Freedom of Information Act 2000 (FoI). Section 3 of the Local Government, Planning and Land Act 1980 gives the secretary of state the power to issue a code of practice about the publication of information by local authorities relating to the discharge of their functions.’

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Law Society’s Gazette, 13th April 2015

Source: www.lawgazette.co.uk

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In the matter of S (A Child) – Supreme Court

Posted April 14th, 2015 in appeals, care orders, costs, law reports, local government, Supreme Court by sally

In the matter of S (A Child) [2015] UKSC 20 (YouTube)

Supreme Court, 25th April 2015

Source: www.youtube.com/user/UKSupremeCourt

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Satellite litigation warning as new fundamental dishonesty rule comes into force – Litigation Futures

‘The new rule on fundamental dishonesty in personal injury actions, which comes into force today under section 57 of the Criminal Justice and Courts Act 2015, brings with it “a lot of potential for satellite litigation”, a leading defence lawyer has warned.’

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Litigation Futures, 13th April 2015

Source: www.litigationfutures.com

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Access to justice a greater concern than free healthcare – poll – The Guardian

‘The public is more concerned about access to justice than free healthcare, according to a poll commissioned by lawyers campaigning to reverse cuts to legal aid.’

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The Guardian, 13th April 2015

Source: www.guardian.co.uk

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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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Regina (Coll) v Secretary of State for Justice – WLR Daily

Regina (Coll) v Secretary of State for Justice [2015] EWCA Civ 328; [2015] WLR (D) 157

‘In providing approved premises for women released from prison on licence, the Secretary of State for Justice had not discriminated directly under section 13 of the Equality Act 2010 or indirectly under section 19.’

WLR Daily, 31st March 2015

Source: www.iclr.co.uk

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In re S (A Child) (Access to Justice Foundation intervening) – WLR Daily

In re S (A Child) (Access to Justice Foundation intervening) [2015] UKSC 20; [2015] WLR (D) 163

‘The principle that orders for costs were not normally made in cases about children applied in cases involving local authorities, whether in relation to first instance proceedings or on appeal. A costs order would only be made where a party had acted reprehensibly in relation to the child or had taken an unreasonable stance in the proceedings, or if it were otherwise appropriate and just, as where the child’s welfare might be put at risk if a costs order were not made.’

WLR Daily, 25th March 2015

Source: www.iclr.co.uk

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PART 36 of the CPR – Offers are changing – Park Square Barristers

‘Part 36 of the Civil Procedure Rules encourages parties to settle their disputes. It does this by imposing sanctions if one party turns down an offer to settle but then doesn’t get a better result at trial. The rules are complex, so Andrew Mitchell takes a closer look at the latest changes to Part 36.’

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Park Square Barristers, 1st April 2015

Source: www.parksquarebarristers.co.uk

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Family Court Key Decision Review: Part 1 – No. 5 Chambers

Posted April 7th, 2015 in care orders, costs, delay, documents, local government, news by sally

‘In the first of a new series of quarterly round ups, Kathryn Taylor reviews some of the key decisions of the family court since December 2014, with a particular emphasis on Local Authority failings.’

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No. 5 Chambers, 30th March 2015

Source: www.no5.com

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The Care Act 2014: Charging for Care and Support – Doughty Street Chambers

Posted April 2nd, 2015 in costs, disabled persons, elderly, news, social services by sally

‘This paper considers the key changes introduced by the Care Act 2014 (“the Act”) in
relation to charging for care and support, including deferred payments. (It does not
set out each element of the charging scheme, much of which is unchanged).’

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Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

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Is the defendant worth suing? – Hardwicke Chambers

Posted March 31st, 2015 in civil procedure rules, costs, insurance, negligence, news, regulations by sally

‘“You can’t get blood out of a stone”. “There’s no point in throwing good money after bad”. Many will have found themselves using clichés when advising a claimant where the defendant’s ability to meet any future award is very much in doubt. In professional negligence claims the normal expectation is that the defendant will have professional indemnity insurance cover that will meet any claim, but how can one be sure? And even if there is cover can one find out the level of that cover?’

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Hardwicke Chambers, 24th March 2015

Source: www.hardwicke.co.uk

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