Judge criticises fundamental errors in childcare case after earlier ruling ignored – Local Government Lawyer

Posted May 9th, 2023 in care orders, case management, judgments, local government, news by sally

‘Her Honour Judge Madeleine Reardon has highlighted “fundamental errors” made in the preparation and presentation of a childcare case, in which a previous judgment given by the court was “completely ignored”.’

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Local Government Lawyer, 5th May 2023

Source: www.localgovernmentlawyer.co.uk

Supreme Court justice fears hearings now ‘invisible’ to public – Law Society’s Gazette

Posted April 28th, 2023 in case management, documents, judges, news, Supreme Court by tracey

‘A Supreme Court judge has said the trend of courts working largely outside public view could change through documents being made more widely available.’

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Law Society's Gazette, 27th April 2023

Source: www.lawgazette.co.uk

Participation of vulnerable parties in civil litigation: split trials and stays (AXX v. Zajac) – Exchange Chambers

‘AXX (A protected party by his litigation friend XRE) v. Zajac [2022] EWHC 2463 is the first reported case in the High Court (KBD) concerning the ‘new’ CPR Practice Direction 1A which requires the court to take all proportionate measures to address any impediment to a party’s participation in proceedings caused by their ‘vulnerability’. Master McCloud granted an application made on behalf of the Claimant (who was a protected party due to a psychotic condition which had arisen after his accident) for a trial of causation as a preliminary issue on the basis that, if successful at that stage, the Claimant could seek interim funding for treatment to address his psychiatric symptoms and allow him to participate fully in the subsequent quantum trial. The Master also refused an application from the Defendant for an ‘unless’ order (whereby the claim would be stayed unless the Claimant cooperated with examinations to be performed by the Defendant’s instructed medical experts) because of concerns about the Claimant’s capacity to consent to examination. This decision illustrates the important role that PD1A has in shaping case management decisions to protect the interests of parties with vulnerabilities.’

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Exchange Chambers, 22nd December 2022

Source: www.exchangechambers.co.uk

Case Management Decisions – are they appealable? – Becket Chambers

Posted January 6th, 2023 in appeals, case management, chambers articles, news by sally

‘“No” appears to be the short answer. This is a recent decision (this month) where the High Court upheld a decision by a lay bench not to permit oral evidence of the parties at a private law final hearing. The court held that it was a legitimate exercise of the court’s case management powers. This judgment may surprise some people, and it would be interesting to see what the Court of Appeal would decide if it was further appealed.’

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Becket Chambers, 21st December 2022

Source: becket-chambers.co.uk

Public law children case update: August 2022 – Local Government Lawyer

‘Jaime Turner rounds up the most interesting and relevant public law cases.’

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Local Government Lawyer, 26th August 2022

Source: www.localgovernmentlawyer.co.uk

High Court rejects challenge to SDT case management decisions – Legal Futures

‘The Solicitors Disciplinary Tribunal (SDT) was right not to order the Solicitors Regulation Authority (SRA) to seek information from the BBC on behalf of a solicitor facing prosecution, the High Court has ruled.’

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Legal Futures, 15th August 2022

Source: www.legalfutures.co.uk

High Court ruling a warning to lawyers who ‘shoehorn’ claimants into class actions – OUT-LAW.com

‘Lawyers must take note of a court’s refusal to allow multiple claimants with widely differing claims to use a single claim form, a legal expert has warned.’

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OUT-LAW.com, 27th July 2022

Source: www.pinsentmasons.com

Court blocks bid to issue 3,500 cases on just one claim form – Law Society’s Gazette

‘The High Court has blocked a firm’s latest attempt to issue multiple different claims through the same claim form.’

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Law Society's Gazette, 15th July 2022

Source: www.lawgazette.co.uk

CPS launches Defendants strategy with pledge to focus on mental health, youth justice and disproportionality – Crown Prosecution Service

‘A commitment to fairness for all parties is at the heart of a new Defendants Strategy, launched today by the Crown Prosecution Service (CPS).’

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Crown Prosecution Service, 13th July 2022

Source: www.cps.gov.uk

Case Management Order unintentionally struck out claim – 3PB

‘It is commonplace – as the President of the EAT observed in this appeal – for ETs, carrying out their case management functions at a private preliminary hearing, to seek to clarify the claims that are being pursued and to draw up a list of issues to be determined at the full merits hearing in order to decide those claims. In the present case, such a task came before an EJ sitting alone at a closed preliminary hearing – together with a great quantity of material including a document setting out the claimant’s grounds of complaint over some 64 pages.’

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3PB, 3rd May 2022

Source: www.3pb.co.uk

The Limits of Applications to Remove Litigation Friends – Shirazi v Susa [2022] EWHC 477 (Ch) – New Square Chambers

‘Jian Jun (JJ) Liew explores the practical implications for applications to remove litigation friends arising from the recent High Court case of Shirazi v Susa [2022] EWHC 477 (Ch).’

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New Square Chambers, 28th March 2022

Source: www.newsquarechambers.co.uk

Choose your submissions wisely, says judge in time-estimate warning – Legal Futures

Posted March 31st, 2022 in case management, news, practice directions, sanctions by sally

‘The judge in charge of the Commercial Court has complained again about inadequate time estimates, telling advocates they cannot ask judges to read authorities after the hearing as a shortcut.’

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Legal Futures, 31st March 2022

Source: www.legalfutures.co.uk

County fires gun on procurement of £369k legal case management system amid mini-flurry of contract awards by local authorities – Local Government Lawyer

‘Gloucestershire County Council has started the procurement of a fully developed, off the shelf, cloud-based Legal Case Management System with Court Bundling System.’

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Local Government Lawyer, 2nd March 2022

Source: www.localgovernmentlawyer.co.uk

Litigation Costs – is the sky really the limit? – Mills & Reeve

Posted February 24th, 2022 in building law, case management, contracts, costs, disclosure, news by sally

‘The recent case of The Sky’s the Limit Transformation Ltd v Dr Mohammed Mirza [2022] outlines a judge’s view as to a way forward in resolving domestic building disputes in a time and cost effective manner.’

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Mills & Reeve, 23rd February 2022

Source: www.mills-reeve.com

No stone left unturned to transform rape case handling says Director of Public Prosecutions – Crown Prosecution Service

Posted February 22nd, 2022 in case management, Crown Prosecution Service, news, prosecutions, rape by tracey

‘ “Leaving no stone unturned” to transform the way rape prosecutions are handled is key to helping more victims see justice, the Director of Public Prosecutions has said today.’

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Crown Prosecution Service, 22nd February 2022

Source: www.cps.gov.uk

A case management plea from the EAT – Local Government Lawyer

Posted February 7th, 2022 in appeals, case management, employment, employment tribunals, local government, news by tracey

‘Nicholas Siddall QC analyses a recent judgment of the Employment Appeal Tribunal and the guidance there given as to the correct approach to case management by an Employment Tribunal.’

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Local Government Lawyer, 4th February 2022

Source: www.localgovernmentlawyer.co.uk

Let juniors conduct more advocacy, Commercial Court says – Law Society’s Gazette

Posted February 7th, 2022 in advocacy, barristers, case management, Commercial Court, news by tracey

‘Parties before the Commercial Court have been encouraged to allow junior barristers to conduct more advocacy.’

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Law Society’s Gazette, 3rd February 2022

Source: www.lawgazette.co.uk

Remote Hearings and the Future of the Financial Remedy Court: What We Learned from the Farquhar Report – Parts 1 and 2 – Parklane Plowden

Posted November 2nd, 2021 in case management, drafting, family courts, news, remote hearings, reports by sally

‘The Farquhar report, authored by His Honour Judge Stuart Farquhar, was commissioned by Mostyn J (the National Lead of the Financial Remedies Court) to consider the future of the FRC and the role that remote hearings should play.’

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Parklane Plowden Chambers, 1st November 2021

Source: www.parklaneplowden.co.uk

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