Service of documents in civil proceedings: A lesson in getting it right – Local Government Lawyer

Posted September 13th, 2021 in case management, civil procedure rules, documents, news, service, time limits by tracey

‘Lynsey Oakdene and Kathryn Vickers highlight a recent judicial review case in which the claim form was set aside because it was served late and the court declined to exercise its case management powers.’

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Local Government Lawyer, 11th September 2021

Source: www.localgovernmentlawyer.co.uk

Court of Appeal calls for fresh attention to fundamental principles of good case management in care proceedings as workload grows – Local Government Lawyer

Posted August 12th, 2021 in appeals, care orders, case management, family courts, news by sally

‘The desired shift in professional practice in care proceedings can be achieved by paying fresh attention to the fundamental principles of good case management, the Court of Appeal has stressed in two cases appealed from the Family Court at Leeds.’

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Local Government Lawyer, 12th August 2021

Source: www.localgovernmentlawyer.co.uk

What does AA v BB tell us about the treatment of domestic abuse since Re H-N? – Transparency Project

‘What does AA v BB tell us about the treatment of domestic abuse since Re H-N?’

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Transparency Project, 10th August 2021

Source: www.transparencyproject.org.uk

Judge warns parties to expect sanctions for incorrect e-bundles – Legal Future

Posted August 10th, 2021 in case management, documents, electronic filing, news, sanctions by sally

‘Judges’ patience with parties that fail to prepare electronic bundles with consistent page numbering is over and they can expect sanctions, the High Court has warned.’

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Legal Futures, 10th August 2021

Source: www.legalfutures.co.uk

Order made by email in childcare case exhibited “serious procedural irregularity”, Court of Appeal rules – Local Government Lawyer

Posted June 3rd, 2021 in case management, electronic mail, family courts, mental health, news by sally

‘An order made by email to vacate a psychological assessment in a childcare case was wrong and unjust for “serious procedural irregularity”, the Court of Appeal has ruled.’

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Local Government Lawyer, 2nd June 2021

Source: www.localgovernmentlawyer.co.uk

‘Significant development’ need not be specific for budget revision – Litigation Futures

Posted May 17th, 2021 in budgets, case management, compensation, damages, news, personal injuries by sally

A ‘significant development’ in litigation requiring a budget to be revised need not be a specific event at a specific time, a Queen’s Bench master has ruled.

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Litigation Futures, 14th May 2021

Source: www.litigationfutures.com

Judge blasts “lamentable” applications and non-compliant skeletons – Litigation Futures

Posted May 4th, 2021 in case management, drafting, news, skeleton arguments by tracey

‘A deputy High Court judge has hit out at the “lamentable” way applications before him were prepared, including non-compliant and late skeleton arguments from counsel.’

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Litigation Futures, 4th May 2021

Source: www.litigationfutures.com

Judge rejects recusal application after barristers withdraw – Legal Futures

Posted April 21st, 2021 in barristers, bias, case management, complaints, judges, news, recusal by tracey

‘A judge has rejected a recusal application on the grounds of apparent bias made after two barristers withdrew at the last minute from a hearing and complained about his conduct of the case.’

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Legal Futures, 21st April 2021

Source: www.legalfutures.co.uk

The Perils of Contested Divorce Proceedings – Pump Court Chambers

Posted April 16th, 2021 in appeals, case management, chambers articles, divorce, families, news by sally

‘As many practitioners will be aware, defended divorce cases are rare. According to a recent study by the Nuffield Foundation, “No Contest: Defended Divorce in England & Wales”, formally defended divorces account for less than one percent of divorces each year in England & Wales.’

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Pump Court Chambers, 15th March 2021

Source: www.pumpcourtchambers.com

The role of courts at the seat of arbitration – Law Society’s Gazette

Posted April 14th, 2021 in appeals, arbitration, case management, courts, jurisdiction, news by sally

‘It is well established in international commercial arbitration that the courts at the seat of arbitration will have supervisory jurisdiction over the arbitral proceedings, including hearing any challenges to the validity of the arbitral award. In the recent case of Minister of Finance (Incorporated) and 1 Malaysia Development Berhad v International Petroleum Investment Company and Aabar Investments PJS [2019] EWCA Civ 2080, the Court of Appeal (Sir Geoffrey Vos, chancellor of the High Court, Newey and Males LLJ) considered the issue of the courts’ powers in section 67 (challenging the award: substantive jurisdiction) and section 68 (challenging the award: serious irregularity) of the Arbitration Act 1996. This article focuses on the Court of Appeal’s important discussion of the role and functions of the court at the seat of arbitration and the impact this has on the law and practice of international commercial arbitration.’

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Law Society's Gazette, 12th April 2021

Source: www.lawgazette.co.uk

Defendants no longer required to state nationality at the start of criminal cases – UK Human Rights Blog

Posted February 10th, 2021 in case management, criminal procedure, data protection, human rights, news by sally

‘On 8 February 2020, small but significant changes were made to the Part 3 (Case Management) of the Criminal Procedure Rules and Practice Directions 2020 (“CrimPR”). These changes remove the requirement that defendants in criminal trials provide their nationality to the court at preliminary hearings. The question is now to be asked only where a court passes an immediate or suspended custodial sentence.’

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UK Human Rights Blog, 9th February 2021

Source: ukhumanrightsblog.com

£1m cost of advertising for claimants is not recoverable, judge rules – Law Society’s Gazette

‘Lawyers leading group litigation against British Airways have been told they cannot expect the defendant to pay the £1m costs of advertising for claimants if the action succeeds.’

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Law Society's Gazette, 8th February 2021

Source: www.lawgazette.co.uk

Court rules lawyers’ £1m advertising costs are not recoverable – Law Society’s Gazette

Posted February 8th, 2021 in advertising, airlines, case management, class actions, costs, law firms, news by tracey

‘Lawyers leading group litigation against British Airways have been told they cannot expect the defendant to pay the £1m costs of advertising for claimants if the action succeeds.’

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Law Society's Gazette, 8th February 2021

Source: www.lawgazette.co.uk

Remote justice and Tribunal case management – Doughty Street Chambers

‘In GL v Elysium Healthcare Upper Tribunal Judge Kate Markus has provided a helpful reminder of the importance of maintaining standards of fairness in the remote environment.’

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Doughty Street Chambers, 12th January 2021

Source: insights.doughtystreet.co.uk

Court rejects Covid adjournment to press on with in-person trial – Legal Futures

Posted January 26th, 2021 in adjournment, case management, coronavirus, news, remote hearings, witnesses by sally

‘The High Court has ruled that the fears of three witnesses about giving evidence in person during the UK’s winter Covid spike should not lead to a five-week complex commercial trial being adjourned.’

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Legal Futures, 26th January 2021

Source: www.litigationfutures.com

Credit where credit’s due? A ‘likely’ story – Carmelite Chambers

‘In 2017, the Sentencing Council introduced a Definitive Guideline on Reduction in Sentence for a Guilty plea, leaving Judges with little or no discretion on the credit that can be afforded for pleas entered at the Crown Court, even for indictable only offences.’

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Carmelite Chambers, 11th January 2021

Source: www.carmelitechambers.co.uk

HMRC v IGE USA Investments Ltd [2020] EWHC 1716 (Ch) – the role of statements of case and Lists of Issues for Disclosure in applications to vary an order for Extended Disclosure under the Disclosure Pilot Scheme – Hardwicke Chambers

‘Whilst Standard Disclosure (under CPR 31) remains in force, the Disclosure Pilot has provided a more flexible menu of disclosure options for the majority of cases in the Business and Property Courts. There is a degree of overlap between CPR 31 and the Pilot Scheme, but there are some significant divergences. One of those is paragraph 18 of the Pilot Scheme, which allows variations of pre-existing orders for Extended Disclosure. The scope of the court’s jurisdiction under paragraph 18 of the Disclosure Pilot was central to this appeal.’

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Hardwicke Chambers, 8th January 2021

Source: hardwicke.co.uk

Unnecessary Private Law Applications – a warning shot from the judiciary – Family Law Week

‘Marie Crawford, barrister of Becket Chambers, reflects on a recent children law judgment and its implications for parties and practitioners.’

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Family Law Week, 16th December 2020

Source: www.familylawweek.co.uk

Insurer fails in aggregation argument over partner’s multi-million pound thefts – Legal Futures

‘The High Court has refused to aggregate as one claim various actions a Yorkshire law firm’s indemnity insurer is facing because of a multi-million pound fraud run by one of its partners.’

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Legal Futures, 4th November 2020

Source: www.legalfutures.co.uk

Amendments to Costs Budgeting Rules Coming into Force on 1st October 2020 – St John’s Chambers

‘As of 1st October 2020 several amendments to the costs budgeting rules and the related Practice Direction came into force.’

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St John's Chambers, 2nd October 2020

Source: www.stjohnschambers.co.uk