Appeal judge bemoans ‘trench warfare’ of litigation tactics – Law Society’s Gazette

Posted August 12th, 2024 in case management, disclosure, freezing injunctions, news, Scotland by tracey

‘The Court of Appeal has thrown out a freezing order challenge in a ruling where two judges made scathing criticisms of disclosure failings.’

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Law Society's Gazette, 9th August 2024

Source: www.lawgazette.co.uk

A Paradigm Case for Non-court Dispute Resolution – Becket Chambers

‘The court’s duty to further the overriding objective by actively case managing has been given added impetus by the revisions to FPR Part 3 and Part 28 which came into effect on the 29 April 2024.’

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Becket Chambers, 23rd July 2024

Source: becket-chambers.co.uk

Decision to exclude mother as future carer was marred by procedural irregularity, Court of Appeal finds – Local Government Lawyer

Posted June 27th, 2024 in care orders, carers, case management, domestic violence, news by sally

‘A case management hearing during which a mother was excluded as a future carer for her child was unjust because of a procedural irregularity and must be heard by a different judge or recorder, the Court of Appeal has ruled.’

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Local Government Lawyer, 27th June 2024

Source: www.localgovernmentlawyer.co.uk

Remediation orders – is the FTT being consistent? – Tanfield Chambers

‘This article examines whether the FTT’s recent decision in the Vista Tower case (CAM/26UH/HYI/2022/004, available on the FTT’s web-site) demonstrates a discernible pattern of decision-making following its first remediation order. The article will not comment on the terms of the order made in Vista Tower: that will be the subject of a later article. Instead, it will focus on the FTT’s approach to case management and whether its decision to make a remediation order was consistent with the reasoning in previous decisions. Obviously, consistency in approach, both in terms of case management and the final decision, will enable practitioners in this developing area of work to advise clients with greater certainty. In the absence of an appeal decision on remediation orders, consonance in first instance decisions will be welcome.’

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Tanfield Chambers, 16th May 2024

Source: www.tanfieldchambers.co.uk

NA v LA [2024] EWFC 113 – 1 GC: Family Law

‘Sapna Jain has written a case summary for the recent case of NA v LA [2024] EWFC 113 for Family Law Week.’

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1 GC: Family Law, 4th June 2024

Source: www.familylawweek.co.uk

A warning for housing lawyers – Local Government Lawyer

‘Stefan Liberadzki discusses the new Intermediate Track and fixed costs.’

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Local Government Lawyer, 8th May 2024

Source: www.localgovernmentlawyer.co.uk

Judges allow appeal over flawed reasoning in fact-finding judgment – Local Government Lawyer

‘The Court of Appeal have allowed a challenge by the parents of a young girl to a finding made in care proceedings that, when she was a small baby, she suffered an abusive head injury inflicted by one or other of the parents.’

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Local Government Lawyer, 16th April 2024

Source: www.localgovernmentlawyer.co.uk

Report calls for major overhaul of BSB enforcement processes – Legal Futures

‘The Bar Standards Board (BSB) has the right approach to dealing with complaints about barristers’ conduct but there are “a large number of areas” for improvement, a major review has concluded.’

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Legal Futures, 12th April 2024

Source: www.legalfutures.co.uk

Making final determinations in the Court of Protection – Local Government Lawyer

‘Clare Middleton analyses a Court of Protection judgment concerning an important decision taken at a procedural hearing.’

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Local Government Lawyer, 5th April 2024

Source: www.localgovernmentlawyer.co.uk

Firm avoids wasted costs order despite ‘reprehensible’ mistakes – Law Society’s Gazette

Posted March 28th, 2024 in case management, delay, law firms, news, personal injuries, wasted costs orders by tracey

‘The High Court has rejected a client’s bid for a wasted costs order against his former solicitors – despite being heavily critical of repeated failings in running the case.’

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Law Society's Gazette, 27th March 2024

Source: www.lawgazette.co.uk

‘Disrespectful of the rule of law’? – Doughty Street Chambers

‘In Maleci (Non-admission of late evidence) [2024] UKUT 00028 (IAC) the Upper Tribunal, chaired by the President, has sought to address a long-running problem in both tiers of the Immigration and Asylum Chamber: the Home Office’s failure to comply with directions or co-operate in proper case management.’

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Doughty Street Chamber, 22nd February 2024

Source: insights.doughtystreet.co.uk

Lawyers can recover costs of attending rehab meetings “in principle” – Legal Futures

Posted March 18th, 2024 in appeals, case management, costs, damages, news, personal injuries, solicitors by tracey

‘The Court of Appeal has overturned a significant ruling last year that the costs of a fee-earner’s attendance at rehabilitation case management meetings are irrecoverable.’

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Legal Futures, 18th March 2024

Source: www.legalfutures.co.uk

Court of Appeal delivers boost for claimant lawyers on costs principle – Law Society’s Gazette

Posted March 18th, 2024 in appeals, case management, costs, damages, law firms, news, personal injuries, solicitors by tracey

‘Claimant lawyers will breath a sigh of relief today after the Court of Appeal ruled that costs of attending rehabilitation case management meetings could in principle be recovered.’

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Law Society's Gazette, 15th March 2024

Source: www.lawgazette.co.uk

Collision course: Rugby union’s landmark brain injuries claims – Law Society’s Gazette

Posted December 11th, 2023 in case management, compensation, damages, news, personal injuries, sport by tracey

‘Lawyers and journalists filled court 75 at London’s Royal Courts of Justice last Friday for the latest development in claims being brought by 295 rugby union players against World Rugby Limited, Welsh Rugby Union Limited and England’s Rugby Football Union over brain injuries. Senior Master Cook heard an application by the claimants for a group litigation order (GLO) – but it soon became clear that no such order would be made, with Cook telling the parties early on that this would be “premature”.’

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Law Society's Gazette, 8th December 2023

Source: www.lawgazette.co.uk

Rugby concussion: Wales’ Henson and Charvis named in lawsuit – BBC News

Posted December 4th, 2023 in case management, class actions, damages, health & safety, news, personal injuries, sport by tracey

‘Former Wales stars Gavin Henson and Colin Charvis are among 295 ex-players suing the rugby authorities over brain injuries, it has emerged. The High Court heard on Friday that an application for the cases to be heard collectively would be made next year.’

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BBC News, 2nd December 2023

Source: www.bbc.co.uk

A new intermediate track– All change for the civil procedure rules – Becket Chambers

Posted October 19th, 2023 in case management, chambers articles, civil procedure rules, costs, news by sally

‘You can never have too many tracks, said no one ever. Apart from Sir Rupert Jackson who recommended that the small, fast and multi-track should be (and is from the 1st of October 2023), augmented to include a new intermediate track.’

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Becket Chambers, 29th September 2023

Source: becket-chambers.co.uk

Catherine Ellis Considers the Recent CA Case of G&H (Leave to Revoke Placement Order) [2023] EWCA Civ 768- Pump Court Chambers

‘This was an appeal by a grandmother against a refusal of her application under s24(2)(2) Adoption and Children Act 2002 (“the 2002 Act”) for leave to apply to revoke placement orders in respect of her grandchildren. The application for leave was made six weeks after the care and placement orders had been made.’

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Pump Court Chambers, 27th July 2023

Source: www.pumpcourtchambers.com

How not to talk about capacity and mental illness – Doughty Street Chambers

‘A recent High Court appeal – concerning an application made by a litigation friend to be discharged from her position – contains some useful observations on inappropriate submissions and language used by lawyers in cases raising issues of mental illness and capacity.’

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Doughty Street Chambers, 19th July 2023

Source: insights.doughtystreet.co.uk

Legal aid JR to be heard in run-up to Christmas – Law Society’s Gazette

‘A judicial review of the lord chancellor’s decision not to raise criminal legal aid fees for solicitors by the minimum 15% recommended by a government-commissioned review will be heard in the weeks leading up to Christmas, the Gazette has learned.’

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Law Society's Gazette, 24th July 2023

Source: www.lawgazette.co.uk

Judge lambasts City firm over costs bill – Law Society’s Gazette

Posted July 21st, 2023 in budgets, case management, construction industry, contracts, costs, law firms, news by tracey

‘A City firm has been lambasted by a judge for a costs bill fiasco which saw clients applying for relief at the High Court.’

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Law Society's Gazette, 20th July 2023

Source: www.lawgazette.co.uk