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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At £100m, phone hacking trial makes history for expense – Daily Telegraph

Posted June 25th, 2014 in conspiracy, costs, interception, news, trials by sally

‘The phone-hacking trial has been one of the most expensive cases in British criminal history, with News International bearing more than half of the expense.’

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Daily Telegraph, 24th June 2014

Source: www.telegraph.co.uk

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Americhem Europe Ltd v Rakem Ltd (George Walker Transport Ltd, Part 20 defendant) – WLR Daily

Americhem Europe Ltd v Rakem Ltd (George Walker Transport Ltd, Part 20 defendant) [2014] EWHC 1881 (TCC); [2014] WLR (D) 270

‘A costs draftsman whose only involvement in a case consisted of preparing a costs budget and who did not give any form of legal advice or legally based representation was not a “senior legal representative” for the purposes of paragraph 6 of Practice Direction 3E on Costs Management.’

WLR Daily, 13th June 2014

Source: www.iclr.co.uk

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High Court grants relief despite “deliberate and non-trivial” breach – Litigation Futures

Posted June 24th, 2014 in civil procedure rules, costs, news, payment into court, sanctions by sally

‘A High Court judge has granted relief from sanctions despite finding that the non-compliance was non-trivial and deliberate, and that there was some delay in lodging the application for relief – using instead powers to impose conditions on the order.’

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Litigation Futures, 24th June 2014

Source: www.litigationfutures.com

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Will Court of Appeal triple-header lead to ‘Mitchell-lite’? – Litigation Futures

Posted June 20th, 2014 in appeals, budgets, case management, civil procedure rules, costs, news by tracey

‘A barrister who has led the way in analysing the impact of the Mitchell case has predicted that this week’s hearing of three “trivial breach” cases at the Court of Appeal could pave the way for “Mitchell-lite”.’

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Litigation Futures, 19th June 2014

Source: www.litigationfutures.com

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