Kieran Wilson on Case Management, Lists of Issues, and the Need to Know Your Case From the Start – Littleton Chambers

Posted August 7th, 2018 in case management, employment, employment tribunals, news by sally

‘Case management is not typically regarded as the most glamorous aspect of litigation. This is understandable, since parties’ eyes are often fixed on the drama and stakes of the final hearing.’

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Littleton Chambers, 26th June 2018

Source: www.littletonchambers.com

Serious injury solicitors question judgement of barristers, case managers and even families – Litigation Futures

Posted August 7th, 2018 in barristers, case management, news, personal injuries, solicitors by sally

‘Solicitors in serious brain injury cases often have cause to sack barristers and question whether the family is acting in the best interests of their injured relative, according to a survey.’

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Litigation Futures, 7th August 2018

Source: www.litigationfutures.com

Speech by Lord Justice Gross: Disclosure – Again – Courts and Tribunals Judiciary

Posted June 21st, 2018 in case management, criminal justice, disclosure, police, speeches by tracey

‘Speech by Lord Justice Gross: Disclosure – Again.’

Full speech

Courts and Tribunals Judiciary, 19th June 2018

Source: www.judiciary.uk

Appealing adjournments in misconduct hearings – UK Police Law Blog

Posted June 15th, 2018 in adjournment, appeals, case management, news, police, tribunals by tracey

‘Challenges to a failure to adjourn seem to be popping-up at the moment. There was the recent decision of the Court of Appeal in Solanki v (1) Intercity Telecom Ltd (2) Guidinglight Finance Ltd [2018] EWCA Civ 101 – where a judge had failed to give adequate reasons for rejecting medical evidence justifying an adjournment. By contrast, in the recent decision of Lindsay v Solicitors’ Regulatory Authority [2018] EWHC 1275 (Admin), the respondent in misconduct proceedings failed to advance adequate evidence to support such an application. What lies deeper beneath, however, is whether an appeal against a decision not to adjourn requires the appellate court or tribunal to consider whether the original decision lay within the range of reasonable responses open to the decision maker below or, alternatively, has to determine the question of fairness / correctness itself.’

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UK Police Law Blog, 15th June 2018

Source: ukpolicelawblog.com

Reform for the Family jurisdiction: A message to family judges from the President of the Family Division – Family Law

Posted May 11th, 2018 in case management, electronic filing, family courts, news, pilot schemes by sally

‘How will the Reform Programme achieve change for the administration of family justice?’

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Family Law, 10th May 2018

Source: www.familylaw.co.uk

JY v RY: An Indictment of the Impact of Legal Aid Cuts – Family Law Week

‘Matthew Richardson, barrister, Coram Chambers explains why a case, described by the judge as “the most unsatisfactory” he has heard and in which ‘had one or both of these parents been represented … probably the outcome would have been very different’, serves as an alarming lesson in just how far our justice system has fallen.’

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Family Law Week, 4th May 2018

Source: www.familylawweek.co.uk

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”.’

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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”.’

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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.’

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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.’

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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’).’

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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.’

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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.’

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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”.’

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Litigation Futures, 16th November 2017

Source: www.litigationfutures.com