Speech by Lord Justice Irwin: Complexity and Obscurity in the Law, and how we might mitigate them – Courts and Tribunals Judiciary

‘Speech by Lord Justice Irwin: Complexity and Obscurity in the Law, and how we might mitigate them.’

Full speech

Courts and Tribunals Judiciary, 19th April 2018

Source: www.judiciary.gov.uk

Focus on persuading me, not drowning me in paper, Court of Appeal judge urges advocates – Litigation Futures

Posted April 20th, 2018 in advocacy, case management, judges, news by sally

‘A Court of Appeal judge has urged advocates to focus on persuading the judges in front of them and not drowning the court with “excessively long and complex” skeleton arguments, which he described as a “curse”.’

Full Story

Litigation Futures, 20th April 2018

Source: www.litigationfutures.com

Speech by Lord Chief Justice the Lord Burnett of Maldon at the Association of District Judges Annual Conference – Courts & Tribunals Judiciary

Posted April 16th, 2018 in case management, courts, electronic filing, judiciary, speeches by tracey

‘Speech by Lord Chief Justice the Lord Burnett of Maldon at the Association of District Judges Annual Conference.’

Full speech

Courts & Tribunals Judiciary, 16th April 2018

Source: www.judiciary.gov.uk

A day in the life of a judicial assistant: Joel Semakula – Courts and Tribunals Judiciary

Posted April 13th, 2018 in case management, judiciary, news by tracey

‘It is difficult to describe a typical day as a judicial assistant (“JA”) because my days here have been incredibly varied. Each judicial assistant is assigned to work with one Lord or Lady Justice. This is a reflective of a day I had recently and I refer to the judge to whom I am assigned as “my judge”.’

Full Story

Courts and Tribunals Judiciary, 12th April 2018

Source: www.judiciary.gov.uk

Judge uses mobile in court to solve timetable problem in ‘unorthodox’ move – Daily Telegraph

Posted March 26th, 2018 in case management, courts, judges, news, telecommunications by tracey

‘A judge broke with tradition by using a mobile phone in court to solve an administrative problem. Lawyers have praised Judge Richard Todd, a divorce court judge, who had a conversation with an office clerk in a bid to avoid a delay while overseeing a High Court case.’

Full Story

Daily Telegraph, 25th March 2018

Source: www.telegraph.co.uk

International child abduction proceedings: key points to note from the latest President’s guidance – Family Law

Posted March 23rd, 2018 in case management, child abduction, family courts, news, practice directions by tracey

‘On 13 March 2018, a new practice direction was issued by the President concerning Case Management and Mediation of International Child Abduction Proceedings.
A practice direction tells anyone involved in judicial proceedings how to manage the case and interpret the Court rules. The practice guidance has been issued by the President to ensure all applications are appropriately case managed – whether commenced by a without notice application or on notice. The guidance deals with a number of aspects of child abduction proceedings, but practitioners should take note in particular of the changes made in relation to without notice applications and mediation.’

Full Story

Family Law, 21st March 2018

Source: www.familylaw.co.uk

Latitude for litigants in person? Apparently not (just about…) – Zenith Chambers

‘On 21 February 2018 judgment was given in the case of Barton -v- Wright Hassall LLP [2018] UKSC 12.’

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Zenith Chambers, 26th February 2018

Source: www.zenithchambers.co.uk

Practice Guidance: Case Management and Mediation of International Child Abduction Proceedings – Family Law

‘For the purposes of this Practice Guidance, ‘international child abduction proceedings’ are proceedings in which the return of a child is sought under any of the following:
Introduction
(a) The Convention on the Civil Aspects of International Child Abduction of 25 October 1980 (‘the 1980 Hague Convention’);
(b) The Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (‘the 1996 Hague Convention’);
(c) Council Regulation (EC) No 2201/2003 of 27 November 2003 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility (‘the Council Regulation’);
(d) The High Court’s power to make an order returning the child to another jurisdiction or to make an order for the return of the child to this jurisdiction (‘the inherent jurisdiction’).’

Full Story

Family Law, 13th March 2018

Source: www.familylaw.co.uk

Speech by Lord Justice Jackson: Was it all worth it? – Courts and Tribunals Judiciary

Posted March 8th, 2018 in case management, costs, judges, speeches by tracey

‘Professor Andrews has asked me to give a lecture on civil justice reform today – just 48 hours before I retire. This is, therefore, an appropriate moment to stand back and review my work in this area over the last decade.’

Full speech

Courts and Tribunals Judiciary, 5th March 2018

Source: www.judiciary.gov.uk

Costs budgeting expected to feature in media case preliminaries – OUT-LAW.com

Posted March 1st, 2018 in budgets, case management, defamation, media, news by sally

‘Parties in defamation cases seeking hearings of preliminary issues can expect more active case management by courts, including requirements to set out their anticipated legal costs, a media law expert has said.’

Full Story

OUT-LAW.com, 28th February 2018

Source: www.out-law.com

Supreme Court: No dispensation for LiPs in complying with rules and orders – Litigation Futures

‘A lack of representation may mean that litigants in person (LiPs) are afforded some latitude in case management decisions and in hearings, but it will “not usually justify” applying a lower standard of compliance with rules or court orders, the Supreme Court said today.’

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Litigation Futures, 21st February 2018

Source: www.litigationfutures.com

Supreme Court: no indulgence for litigants in person – Family Law

‘Mr Barton is a seasoned litigator. He first sued, and eventually settled with, lawyers who had dealt with financial relief proceedings for him. The defendants in the later Barton v Wright Hassall LLP [2018] UKSC 12 acted for him in his claim against those original lawyers after Wright Hassall (WH) had come of the court record in a dispute over fees. WH sued him for their fees and obtained a summary judgment. Mr Barton, acting in person (a litigant in person (LiP)) claimed against WH in professional negligence.’

Full Story

Family Law, 22nd February 2018

Source: www.familylaw.co.uk

Police forces and prosecutors failing to carry out ‘basic’ procedure in rape cases, Attorney General says – Daily Telegraph

‘The failings which have lead to a nationwide review of all live rape and serious sexual assault cases were caused by police forces and prosecutors not carrying out “basic” procedure, the Attorney General has suggested.’

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Daily Telegraph, 27th January 2018

Source: www.telegraph.co.uk

Solicitors under fire for failing to act in best interests of seriously injured clients – Litigation Futures

Posted November 16th, 2017 in case management, law firms, news, personal injuries, solicitors, victims by tracey

‘Personal injury lawyers are often failing to act in the best interests of seriously injured clients, according to a law firm’s online poll. The survey by Nockolds Solicitors found that a large majority (81%) of rehabilitation case managers had experienced a situation where a claimant solicitor had “clearly not acted in the best interests of the client”.’

Full Story

Litigation Futures, 16th November 2017

Source: www.litigationfutures.com

‘Change your attitude’: judge threatens litigators with ‘draconian’ costs penalties – Law Society’s Gazette

Posted November 15th, 2017 in case management, costs, delay, news, penalties by tracey

‘A High Court judge has warned of ‘draconian’ costs penalties should two parties in litigation continue to refuse to cooperate.’

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Law Society's Gazette, 15th November 2017

Source: www.lawgazette.co.uk

High Court: proportionality is about more than ‘damages v costs’ – Litigation Futures

Posted November 14th, 2017 in case management, costs, damages, news, proportionality by tracey

‘Proportionality involves more than simply comparing budgets with the size of the damages claimed, a High Court judge has made clear in deciding that costs management should be applied in a case worth £350m.’

Full Story

Litigation Futures, 14th November 2017

Source: www.litigationfutures.com

Junior barristers “bearing the brunt” of pressure in criminal courts – Legal Futures

Posted October 17th, 2017 in barristers, case management, courts, criminal justice, diversity, news by tracey

‘ “Concerned words” about diversity and social mobility need to be turned into action through changes to the way the criminal courts operate if junior barristers are to be retained, the Criminal Bar Association has warned.’

Full Story

Legal Futures, 17th October 2017

Source: www.legalfutures.co.uk

Better case management – Counsel

Posted October 12th, 2017 in case management, criminal procedure, Crown Court, evidence, news by sally

‘Two years on, how have collective efforts to make every court hearing count evolved? Peter Hungerford-Welch summarises the procedural changes and the message from case law.’

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Counsel, October 2017

Source: www.counselmagazine.co.uk

Central storage of electronic bundles in family cases “will begin in early 2018” – Legal Futures

Posted September 19th, 2017 in case management, electronic filing, family courts, news by tracey

‘HM Courts and Tribunals Service (HMCTS) is to start hosting digital family court bundles centrally next year as part of its project to digitise the courts, it has emerged in a briefing sent to family judges.’

Full Story

Legal Futures, 19th September 2017

Source: www.legalfutures.co.uk

Thanks a bundle! 2,000 pages of ‘largely irrelevant’ trial papers infuriate judge – Law Society’s Gazette

Posted September 12th, 2017 in case management, costs, documents, judges, news by tracey

‘The High Court has sent a blunt message to litigators that excessive trial bundles are unnecessary and counter-productive.’

Full Story

Law Society's Gazette, 11th September 2017

Source: www.lawgazette.co.uk