Collision course: Rugby union’s landmark brain injuries claims – Law Society’s Gazette

Posted December 11th, 2023 in case management, compensation, damages, news, personal injuries, sport by tracey

‘Lawyers and journalists filled court 75 at London’s Royal Courts of Justice last Friday for the latest development in claims being brought by 295 rugby union players against World Rugby Limited, Welsh Rugby Union Limited and England’s Rugby Football Union over brain injuries. Senior Master Cook heard an application by the claimants for a group litigation order (GLO) – but it soon became clear that no such order would be made, with Cook telling the parties early on that this would be “premature”.’

Full Story

Law Society's Gazette, 8th December 2023

Source: www.lawgazette.co.uk

Rugby concussion: Wales’ Henson and Charvis named in lawsuit – BBC News

Posted December 4th, 2023 in case management, class actions, damages, health & safety, news, personal injuries, sport by tracey

‘Former Wales stars Gavin Henson and Colin Charvis are among 295 ex-players suing the rugby authorities over brain injuries, it has emerged. The High Court heard on Friday that an application for the cases to be heard collectively would be made next year.’

Full Story

BBC News, 2nd December 2023

Source: www.bbc.co.uk

A new intermediate track– All change for the civil procedure rules – Becket Chambers

Posted October 19th, 2023 in case management, chambers articles, civil procedure rules, costs, news by sally

‘You can never have too many tracks, said no one ever. Apart from Sir Rupert Jackson who recommended that the small, fast and multi-track should be (and is from the 1st of October 2023), augmented to include a new intermediate track.’

Full Story

Becket Chambers, 29th September 2023

Source: becket-chambers.co.uk

Catherine Ellis Considers the Recent CA Case of G&H (Leave to Revoke Placement Order) [2023] EWCA Civ 768- Pump Court Chambers

‘This was an appeal by a grandmother against a refusal of her application under s24(2)(2) Adoption and Children Act 2002 (“the 2002 Act”) for leave to apply to revoke placement orders in respect of her grandchildren. The application for leave was made six weeks after the care and placement orders had been made.’

Full Story

Pump Court Chambers, 27th July 2023

Source: www.pumpcourtchambers.com

How not to talk about capacity and mental illness – Doughty Street Chambers

‘A recent High Court appeal – concerning an application made by a litigation friend to be discharged from her position – contains some useful observations on inappropriate submissions and language used by lawyers in cases raising issues of mental illness and capacity.’

Full Story

Doughty Street Chambers, 19th July 2023

Source: insights.doughtystreet.co.uk

Legal aid JR to be heard in run-up to Christmas – Law Society’s Gazette

‘A judicial review of the lord chancellor’s decision not to raise criminal legal aid fees for solicitors by the minimum 15% recommended by a government-commissioned review will be heard in the weeks leading up to Christmas, the Gazette has learned.’

Full Story

Law Society's Gazette, 24th July 2023

Source: www.lawgazette.co.uk

Judge lambasts City firm over costs bill – Law Society’s Gazette

Posted July 21st, 2023 in budgets, case management, construction industry, contracts, costs, law firms, news by tracey

‘A City firm has been lambasted by a judge for a costs bill fiasco which saw clients applying for relief at the High Court.’

Full Story

Law Society's Gazette, 20th July 2023

Source: www.lawgazette.co.uk

Costs of case manager meetings cannot be claimed, master rules – Law Society’s Gazette

Posted June 26th, 2023 in budgets, case management, costs, dispute resolution, news, personal injuries by tracey

‘A High Court judge has ruled that charges for meetings with case managers are not claimable because they do not progress the court case.’

Full Story

Law Society's Gazette, 23rd June 2023

Source: www.lawgazette.co.uk

Supreme Court will not hear appeal on largest-ever group action – Legal Futures

‘The Supreme Court has refused mining giant BHP permission to appeal the Court of Appeal’s decision allowing the largest group action ever to go ahead.’

Full Story

Legal Futures, 12th June 2023

Source: www.legalfutures.co.uk

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”.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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).’

Full Story

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.’

Full Story

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).’

Full Story

New Square Chambers, 28th March 2022

Source: www.newsquarechambers.co.uk