Denton Resource – St John’s Chambers

‘This most recent edition of the Denton Resource includes, in a thematic at-a-glance format, over 200 post-Denton cases decided up to 31 December 2019. It will be of interest to practitioners in all fields of civil litigation dealing with applications where the three-stage Denton approach is to be applied.’

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St John's Chambers, 10th February 2020

Source: www.stjohnschambers.co.uk

Patents – Conversant Wireless Licensing v Huawei Technologies Co. Ltd and Others – NIPC Law

Posted February 24th, 2020 in case management, costs, disclosure, licensing, news, patents, proportionality by sally

‘This was an application by the claimant, Conversant Wireless Licensing SARL for disclosure of the licence agreements and assignments relating to 3G and 4G patents that had been entered by the defendants, Huawei Technologies Co Ltd., ZTE (UK) Limited and their British subsidiaries. Substantially the same application had been made to His Honour Judge Hacon at the case management conference in the action which took place in July 2019. The later application was heard by Mr Justice Birss who delivered judgment in Conversant Wireless Licensing SARL v Huawei Technologies Co. Ltd and others [2020] EWHC 256 (Pat) on 10 Feb 2020. The reference to the CMC in the transcript of Mr Justice Birss’s judgment is [2009] EWHC 1982 (Pat) but I think that must be a misprint for [2019].’

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NIPC Law, 22nd February 2020

Source: nipclaw.blogspot.com

Has the test for whether or not an appeal should be allowed in respect of a case management decision, as laid down in O’Cathail v Transport for London, been impliedly overruled by R (Osborn) v Parole Board? No, says the EAT in Chowdhury v Marsh Farm Futures UKEAT/0473/18/DA – 3PB

‘Employment Tribunal judges have a wide discretion when making case management decisions, with it being rare for a challenge to such a decision being successful. The Court of Appeal in O’Cathail v Transport for London [2013] IRLR 310 have made it clear that tribunal decisions can only be questioned for error of law. The specific issue in that case was whether or not it was an error of law for a Tribunal to refuse a postponement application in circumstances in which a litigant in person had a fit note saying they were not fit to attend the hearing. The application was refused and the trial went ahead in his absence.’

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3PB, 7th February 2020

Source: www.3pb.co.uk

Ainsworth v Stewarts Law – the Court of Appeal gives guidance on solicitor/client costs disputes – Hardwicke Chambers

‘This decision is important for any professional involved in solicitor and client disputes. The judgment is another example of the senior courts being willing to uphold robust case management decisions of first instance judges. Here the court held that “the judge was entitled to take the course he did which was well within the ambit of the proper exercise of his discretion.”’

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Hardwicke Chambers, 19th February 2020

Source: hardwicke.co.uk

Dealing with Applications for Adjournments due to Ill-Health – St Ives Chambers

Posted February 14th, 2020 in adjournment, case management, chambers articles, health, litigants in person, news by sally

‘The High Court has provided a comprehensive summary, in the case of Financial Conduct Authority (FCA) V Avacade Ltd & Ores [2020] EWHC 26, of the relevant authorities when it comes to applying for an adjournment on the grounds of ill-health.’

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St Ives Chambers, 6th February 2020

Source: www.stiveschambers.co.uk

Extinction Rebellion activists cleared after arresting officer books holiday during trial – Daily Telegraph

‘A group of Extinction Rebellion (XR) protestors who brought City of London Airport to a standstill were given £280 to cover travel costs to court, after their case collapsed because a key police witness is on holiday.’

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Daily Telegraph, 28th January 2020

Source: www.telegraph.co.uk

How do you balance the prejudice between parties when one party could be left with an undefendable claim? – Parklane Plowden

‘HHJ Freedman, the Designated Civil Judge in Newcastle, had to grapple with this in the case of Mitchell v Precis 548 Ltd [2019] EWHC 3314 (QB). HHJ Freedman had to decide whether to accede to the request of a First Defendant in the proceedings as to whether to vacate a trial 2 days before it was due to start.’

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Parklane Plowden, 24th January 2020

Source: www.parklaneplowden.co.uk

The case for judicial early neutral evaluation – Law Society’s Gazette

Posted January 27th, 2020 in case management, civil procedure rules, dispute resolution, news by sally

‘Perhaps an overlooked provision of the CPR is rule 3.1(2)(m) which provides that the court may ‘take any other step or make any other order for the purpose of managing the case and furthering the overriding objective, including hearing an early neutral evaluation with the aim of helping the parties settle the case’.’

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Law Society's Gazette, 27th January 2020

Source: www.lawgazette.co.uk

Family wins fight to delete child from Met’s anti-radicalisation records – The Guardian

Posted December 20th, 2019 in case management, children, families, Islam, news, police by tracey

‘A primary school-aged child has had details of their referral to the government’s controversial anti-radicalisation Prevent programme deleted by the Metropolitan police following court action, the Guardian can reveal.’

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The Guardian, 19th December 2019

Source: www.theguardian.com

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.’

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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.’

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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).’

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

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Courts and Tribunals Judiciary, 20th September 2019

Source: www.judiciary.uk