EAT rails against ‘endless delays’ of interim orders – Law Society’s Gazette

Posted November 28th, 2019 in case management, delay, employment, harassment, news, sex discrimination, striking out by sally

‘Claimants alleging mistreatment at work should be able to present their case without a succession of preliminary hearings, an employment appeal tribunal has said.’

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Law Society's Gazette, 27th November 2019

Source: www.lawgazette.co.uk

County Court considers costs rules in personal injury case (Khan v Aviva Insurance Ltd) – Hardwick Chambers

Posted November 19th, 2019 in case management, civil procedure rules, costs, news, personal injuries by sally

‘Personal Injury analysis: Where the personal injury aspect of a claim had resulted in the case being allocated to the fast track, the claimant was awarded costs to be assessed on the normal fixed costs basis under CPR 45.29B. The decision offers a useful affirmation of the default costs rules that will be applied by the courts in fast track claims. Colm Nugent, barrister at Hardwicke Chambers, discusses this case.’

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Hardwicke Chambers, 12th November 2019

Source: hardwicke.co.uk

Solicitors urged to shorten their own witness statements – Litigation Futures

Posted November 19th, 2019 in case management, documents, news, solicitors, witnesses by sally

‘A High Court master has urged solicitors providing witness statements to cut back on the unnecessary detail, stressing that they are not the same as those given by lay witnesses.’

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Litigation Futures, 19th November 2019

Source: www.litigationfutures.com

High Court recuses “organ grinder” circuit judge – Legal Futures

Posted November 14th, 2019 in bias, case management, judges, news, recusal by tracey

‘The High Court has ordered the recusal of a circuit judge who used “intemperate language” and told a barrister that he expected to see “the organ grinder” appear at the next hearing of a case.’

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Legal Futures, 13th November 2019

Source: www.legalfutures.co.uk

Expert who “fall short” face “much more robust” response – Litigation Futures

‘Expert witnesses who “fall short of the mark” face a “much more and properly robust” response from the courts, a recently retired Court of Appeal judge has warned.’

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Litigation Futures, 11th November 2019

Source: www.litigationfutures.com

Court of Appeal orders early neutral evaluation despite party objection – Family Law

Posted October 22nd, 2019 in case management, civil procedure rules, consent, dispute resolution, news by tracey

‘The Court of Appeal has held that the court has power to order an early neutral evaluation (ENE) by a judge even where one or more parties do not consent to that course. There was no reason to imply into the relevant rule giving the court power to order ENE any limitation based on the parties’ consent: Lomax v Lomax [2019] EWCA Civ 1467.’

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Family Law, 21st October 2019

Source: www.familylaw.co.uk

Law Society speech by Chancellor of the High Court, Sir Geoffrey Vos: Civil Procedure Rules – Courts and Tribunals Judiciary

Posted October 18th, 2019 in case management, civil procedure rules, speeches, witnesses by tracey

‘The Chancellor of the High Court, Sir Geoffrey Vos, spoke at the Law Society’s annual Civil Litigation conference on 9 October 2019 about 20 years of the Civil Procedure Rules – and whether the original reforms went too far, or not far enough.’

Full speech

Courts and Tribunals Judiciary, 15th October 2019

Source: www.judiciary.uk

Speech by the Master of the Rolls: Law, Procedure and Language – Civil Justice and Cymru – Courts and Tribunals Judiciary

‘Speech by the Master of the Rolls: Law, Procedure and Language – Civil Justice and Cymru.’

Full speech

Courts and Tribunals Judiciary, 16th October 2019

Source: www.judiciary.uk

Cafcass backs renewed focus on pre-proceedings work in public law children cases – but rejects direct role – Local Government Lawyer

‘Cafcass has said it supports a renewed focus on pre-proceedings work and managing risk in public law children cases, with more emphasis on gaining and recording the wishes and feelings of children at that stage.’

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Local Government Lawyer, 9th October 2019

Source: www.localgovernmentlawyer.co.uk

Counter-terror police running secret Prevent database – The Guardian

Posted October 8th, 2019 in case management, crime prevention, freedom of information, news, police, terrorism by tracey

‘Counter-terror police across the UK have been running a secret database containing details of thousands of individuals referred to the government’s controversial anti-radicalisation Prevent programme, the Guardian can reveal.’

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The Guardian, 6th October 2019

Source: www.theguardian.com

Speeches by Sir Ernest Ryder, Senior President of Tribunals: Collaboration, The Governance of Justice – Courts and Tribunals Judiciary

Posted September 24th, 2019 in case management, courts, electronic filing, judiciary, speeches, tribunals by tracey

‘Ombudsman Association Conference – Driving Improvements: Collaboration and Peer Learning (May 2019).’

Full speech

‘Society of Legal Scholars – Implementation and Application of the Law: The Governance of Justice (September 2019)’

Full speech

Courts and Tribunals Judiciary, 20th September 2019

Source: www.judiciary.uk

Consultation paper launched – Vulnerable witnesses and parties – Courts and Tribunals Judiciary

Posted September 5th, 2019 in case management, civil procedure rules, consultations, victims, witnesses by tracey

‘Consultation paper launched – Vulnerable witnesses and parties.’

Full consultation

Courts and Tribunals Judiciary, 3rd September 2019

Source: www.judiciary.uk

Sentencing review to look at most dangerous and prolific offenders – Ministry of Justice

‘The work, which begins immediately, will focus on whether violent and sexual offenders are serving sentences that truly reflect the severity of their crimes. It will consider whether changes in legislation are needed to lock criminals up for longer – by not letting them out automatically part-way through a sentence. It will also look at how to break the cycle of repeat offending.’

Full press release

Ministry of Justice, 12th August 2019

Source: www.gov.uk/government/organisations/ministry-of-justice

Inspectors play down CPS correspondence failings – Crown Prosecution Service

Posted August 13th, 2019 in case management, Crown Prosecution Service, delay, news, solicitors, standards by tracey

‘The Crown Prosecution Service deals with defence correspondence quickly, according to inspectors in a report published today which, they say, “somewhat undermines” solicitors’ claims that letters go unanswered.’

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Crown Prosecution Service, 13th August 2019

Source: www.lawgazette.co.uk

Children: Public Law Update (Summer 2019) – Family Law Week

Posted August 1st, 2019 in appeals, case management, child abuse, children, costs, families, health, news by tracey

‘John Tughan QC of 4 Paper Buildings reviews recent important Children Public Law cases.’

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Family Law Week, 31st July 2019

Source: www.familylawweek.co.uk

CA threatens costs penalty for non-compliant authority bundles – Litigation Futures

‘The Court of Appeal has warned parties that they can expect to be denied recovery of the costs of preparing non-compliant bundles of authorities.’

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Litigation Futures, 22nd July 2019

Source: www.litigationfutures.com

Costs Orders and Experts – Family Law Week

‘Nisha Bambhra, barrister at Garden Court Chambers, considers the implications for expert witnesses who fail to comply with court orders.’

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Family Law Week, 11th July 2019

Source: www.familylawweek.co.uk

Security for costs sanction for party that ignored CMC deadline – Litigation Futures

‘The High Court has ordered a party that missed the deadline to fix the date of a case management conference (CMC) by more than four years to pay security for costs as a sanction.’

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Litigation Futures, 21st June 2019

Source: www.litigationfutures.com

Tribunal orders defunct law firm to pay staff outstanding wages – Legal Futures

‘A defunct family law firm has been ordered by an employment tribunal to pay two female members of staff unpaid wages and damages.’

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Legal Futures, 7th March 2019

Source: www.legalfutures.co.uk

Commercial Court “should better enforce witness statement rules” – Litigation Futures

‘Early results from a survey on witness statements has found that that most Commercial Court users want judges to be tougher in enforcing the rules, it has emerged.’

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Litigation Futures, 28th February 2019

Source: www.litigationfutures.com