Will Court of Appeal triple-header lead to ‘Mitchell-lite’? – Litigation Futures

Posted June 20th, 2014 in appeals, budgets, case management, civil procedure rules, costs, news by tracey

‘A barrister who has led the way in analysing the impact of the Mitchell case has predicted that this week’s hearing of three “trivial breach” cases at the Court of Appeal could pave the way for “Mitchell-lite”.’

Full story

Litigation Futures, 19th June 2014

Source: www.litigationfutures.com

Can A Consent Order Be Set Aside In Financial Proceedings? – Family Law week

Posted June 20th, 2014 in case management, consent orders, news, practice directions, setting aside by tracey

‘In the light of TF v PJ [2014] EWHC 1780 (Fam), Francis Wilkinson, barrister of Field Court Chambers, asks whether an application to set aside is permissible where there has been a change of circumstances which undermines the basis of a consent order – and suggests an answer.’

Full story

Family Law Week, 18th June 2014

Source: www.familylawweek.co.uk

Lord Dyson to rule on whether cheque for court fees should have been put in Christmas post – Litigation Futures

Posted June 12th, 2014 in appeals, case management, courts, fees, news, sanctions, solicitors by sally

‘One of the three Mitchell cases to be heard by the Master of the Rolls next week centres on whether a solicitor should have put a cheque in the post shortly before Christmas to pay for the hearing fee.’

Full story

Litigation Futures, 12th June 2014

Source: www.litigationfutures.com

The Jackson Reforms: One year on – Falcon Chambers

‘The anniversary of the implementation of the Jackson reforms looms. Has all the fear and dread it engendered at the time been justified? Views will vary, whether because of temperament or because of preference, but in our view, for what it’s worth, the answer is “yes”. In the sphere of relief from sanctions at least, and in the kind of costs budgeting that we most often face, many of the concerns warned of in advance have come to pass. The by now well-know case of Andrew Mitchell has illustrated the draconian approach being taken by the courts to relief from sanctions, with the support of what appears to be a hand-picked Court of Appeal. The methodology of county courts in dealing with costs budgeting and CCMCs varies widely, making it difficult to predict or advise on procedural issues in the run up to trials and hearings.’

Full story (PDF)

Falcon Chambers, 25th March 2014

Source: www.falcon-chambers.com

Appeal court set for triple Mitchell showdown – Law Society’s Gazette

Posted June 4th, 2014 in appeals, budgets, case management, civil procedure rules, costs, delay, news by tracey

‘Master of the rolls Lord Dyson is to hear three consecutive appeals over two days in an effort to clarify the post-Mitchell landscape on compliance with case management rules.’

Full story

Law Society’s Gazette, 3rd June 2014

Source: www.lawgazette.co.uk

In re Lehman Brothers (International) (Europe) (in administration) (No 5) – WLR Daily

In re Lehman Brothers (International) (Europe) (in administration) (No 5); Contrarian Funds LLC v Lomas and others [2014] EWHC 1687 (Ch);  [2014] WLR (D)  233

‘Approach of court to applications for extensions of time under the Insolvency Rules 1986 in light of the reformulation of CPR r 3.9 and the test to be applied on an application for relief from sanctions.’

WLR Daily, 23rd May 2014

Source: www.iclr.co.uk

This is what we always meant – NearlyLegal

Posted May 27th, 2014 in case management, civil procedure rules, news, sanctions by sally

‘Regular readers of this blog (when it is accessible) will know that we are a housing law blog. However, housing law (for the most part) is covered by the overarching umbrella of civil law and we do therefore occasionally cover the odd important non-housing civil law development. It is for that reason that we have been following with interest (as is every single civil lawyer in England and Wales) the “fall-out” from the Jackson reforms.’

Full story

NearlyLegal, 23rd May 2014

Source: www.nearlylegal.co.uk

In re S (Children) (Care Proceedings: Fact-finding Hearings) – WLR Daily

Posted May 22nd, 2014 in appeals, care orders, case management, children, law reports by sally

In re S (Children) (Care Proceedings: Fact-finding Hearings) [2014] EWCA Civ 638; [2014] WLR (D) 217

‘Reiterating the inappropriateness of separate fact-finding hearings in most care proceedings, it was essential that if there was to be a separate fact-finding hearing, the ambit of the hearing should be clearly defined and understood by all and, if the ambit altered as the case proceeded, that the adjustment was promptly reflected in the schedule of findings sought and that there was an authentic, definitive record of precisely what findings the judge had made.’

WLR Daily, 14th May 2014

Source: www.iclr.co.uk

Liars and Divorce Lawyers: can an OS/DS hearing help and a possible future for split hearings in financial remedies? – Family Law Week

Posted May 6th, 2014 in case management, divorce, financial provision, news by tracey

‘Byron James, barrister, Fourteen considers the utility of OS/DS hearings in the resolution of financial remedies disputes.’

Full story

Family Law Week, 2nd May 2014

Source: www.familylawweek.co.uk

Relief from sanction and witness statements – The Barristers’ Hub

Posted April 24th, 2014 in case management, civil procedure rules, disclosure, news, sanctions, witnesses by tracey

‘The Court of Appeal last week handed down judgment in the case of Chartwell Estate Agents v. Fergies Property & Anor. [2014] E. W. C. A. Civ. 506. It is an important decision for all civil practitioners, as it deals directly with the question of relief from sanction under the modified Rule 3.9 of the Civil Procedure Rules, and mollifies to some extent the (at least perceived) harshness of the rule in Mitchell v. News Group Newspapers [2014] 1 W. L. R. 795 – so much so that the Westlaw service run by respected legal publishers Sweet & Maxwell now state that the Mitchell decision has received “mixed or mildly negative judicial treatment”.’

Full story

The Barristers’ Hub, 23rd April 2014

Source: www.barristershub.co.uk

The Child Arrangements Programme 2014: The Key Provisions – Family Law week

‘Louise McCallum, barrister at Zenith Chambers, Leeds, looks at the new Child Arrangements Programme that came into force on 22 April 2014.’

Full story

Family Law Week, 23rd April 2014

Source: www.familylawweek.co.uk

Kershaw v Roberts and another – WLR Daily

Posted April 15th, 2014 in budgets, case management, civil procedure rules, costs, law reports by tracey

Kershaw v Roberts and another: [2014] EWHC 1037 (Ch);   [2014] WLR (D)  168

‘Claims issued under CPR Pt 8 were not automatically allocated to the multi-track with the result that the provisions of CPR Pt 29 and the costs management provisions in section II of CPR Pt 3 were of no application unless and until the claim had been allocated to the multi-track by the procedural judge considering the claim.’

WLR Daily, 10th April 2014

Source: www.iclr.co.uk

First hearing not a case management conference, says High Court – Law Society’s Gazette

Posted April 15th, 2014 in budgets, case management, civil procedure rules, costs, news, trials by tracey

‘A claimant has failed in a High Court Mitchell bid to argue that an initial hearing amounted to a case management conference (CMC) and should be subject to budgeting rules.’

Full story

Law Society’s Gazette, 14th April 2014

Source: www.lawgazette.co.uk

Controlling the process: a practical view from the Bar – Littleton Chambers

Posted April 8th, 2014 in case management, civil procedure rules, costs, news, sanctions by sally

‘Alongside the continued wave of decisions on relief from sanctions applications, a few decisions are
now coming through that reflect the general shift in approaches to case management that many
practitioners may have encountered for themselves.’

Full story

Littleton Chambers, 2nd April 2014

Source: www.littletonchambers.com

Amending a statement of case after limitation period has ended – Hardwicke Chambers

‘In Chandra & ors v Brooke North [2013] EWCA Civ 1559 the Court of Appeal gives practitioners and courts useful guidance about the correct approach to applications to amend introducing new claims outside limitation periods. The history of the case is a demonstration of the procedural knots and costly consequences for the parties that can be created when the lower courts go further than they should.’

Full story

Hardwicke Chambers, 13th March 2014

Source: www.hardwicke.co.uk

London litigators lament post-Mitchell “game playing” – Litigation Futures

Posted April 4th, 2014 in budgets, case management, costs, law firms, news by sally

‘The rigidity introduced by the Mitchell judgment has fractured co-operation between solicitors, while costs budgeting has driven up law firms’ costs, according to a survey of civil litigators.’

Full story

Litigation Futures, 4th April 2014

Source: www.litigationfutures.com

Chancery Division to pilot fixed-length trials from May – Litigation Futures

Posted March 20th, 2014 in case management, news, pilot schemes, time limits, trials by tracey

‘A pilot of fixed-ended trials will begin in the Chancery Division in less than six weeks’ time – and parties have been warned that they may be given just 24 hours’ notice that they are to be included in it.’

Full story

Litigation Futures, 20th March 2014

Source: www.litigationfutures.com

Jackson reforms a ‘serious risk’ to justice, says Law Society – Law Society’s Gazette

Posted March 14th, 2014 in budgets, case management, consultations, costs, news, solicitors by tracey

‘Civil litigation reforms implemented last year pose a risk of injustice to clients and a serious reputational risk for solicitors, the Law Society has said.’

Full story

Law Society’s Gazette, 13th March 2014

Source: www.lawgazette.co.uk

High Court brands claim of late budget filing “manifest nonsense” – Litigation Futures

Posted March 13th, 2014 in budgets, case management, costs, news, service, time limits by tracey

‘A High Court judge yesterday sought to “reinforce the message that the Commercial Court will firmly discourage the taking of futile and time-wasting procedural points” as it appeared the message from last month’s Summit Navigation ruling “may not yet have been heard”.’

Full story

Litigation Futures, 13th March 2014

Source: www.litigationfutures.com

Summit Navigation Ltd and another v Generali Romania Asigurare Reasigurare SA and another – WLR Daily

Summit Navigation Ltd and another v Generali Romania Asigurare Reasigurare SA and another [2014] EWHC 398 (Comm); [2014] WLR (D) 104

‘All sanctions were not equal nor were they to be treated as equivalent to one another for the purposes of an application for relief from sanctions under CPR r 3.9.’

WLR Daily, 21st February 2014

Source: www.iclr.co.uk