Delay Too Often Defeats Justice – Speech by Master of the Rolls
Delay Too Often Defeats Justice (PDF)
Speech by Master of the Rolls
The Law Society, Magna Carta Event, 22nd April 2015
Source: www.judiciary.gov.uk
Category: case management
Late applications to amend come a cropper in High Court – Litigation Futures
‘The High Court has condemned as “utterly inappropriate” a bid by one of the big banks to amend its defence and serve a new witness statement on a litigant in person on the eve of trial.’
Full story
Litigation Futures, 29th April 2015
Source: www.litigationfutures.com
Costs Management, Proportionality and How the Courts Will Approach Costs Incurred Across the 2013 Divide – Zenith PI Blog
‘Since the introduction of the Civil Procedure Rules, the standard basis of assessment of costs in civil litigation has required costs to be proportionate to the matters in issue as well as reasonably incurred and proportionate in amount.’
Zenith PI Blog, 20th April 2015
Source: www.zenithpi.wordpress.com
Well I wouldn’t start from here – Nearly Legal
‘A cautionary tale on how, when things go badly wrong, it is, by and large, better not to take active steps to make them worse.’
Nearly Legal, 8th April 2015
Source: www.nearlylegal.co.uk
Regina v Boardman – WLR Daily
Regina v Boardman [2015] EWCA Crim 175; [2015] WLR (D) 92
‘A judge was fully entitled to refuse to allow the prosecution to adduce evidence of telephone data records where they had failed to progress the case properly or in accordance with the Criminal Procedure Rules or other direction even though such refusal effectively brought the prosecution to an end. The Court of Appeal would support trial judges in the exercise of their discretion in discharging their case management responsibilities.’
WLR Daily, 26th February 2015
Source: www.iclr.co.uk
Judge criticises council after toddler taken into care over father’s links to English Defence League – Daily Telegraph
‘Sir James Munby says approach taken by Darlington Borough Council “almost a textbook example of how not to pursue a care case” over fears of links to EDL.’
Daily Telegraph, 17th February 2015
Source: www.telegraph.co.uk
The view from the bench (III) – New Law Journal
‘Elizabeth Metliss considers the judicial view of law firms.’
New Law Journal, 13th February 2015
Source: www.newlawjournal.co.uk
Down the Rabbit Hole – Late Reliance under FOIA – Panopticon
‘Says the White Rabbit in Alice in Wonderland, “Oh my furry whiskers, I’m late, I’m late, I’m late!” Although the application of FOIA may sometimes feel like Wonderland, the feeling it induces is normally more akin to turning up unexpectedly at the Mad Hatter’s Tea Party (although attributing FTT judicial figures to the characters of the Mad Hatter and the Dormouse is beyond me). But one thing that has, since Birkett v DEFRA [2011] EWCA Civ 1606, not generally proved very controversial is the question of late reliance on exemptions; the White Rabbit need have little fear. Birkett made clear that late (usually after the DN and in the course of litigation before the FTT) reliance on substantive exemptions is permissible, subject to case management powers, under the EIR. The unappealed equivalent decision under FOIA, Information Commissioner v Home Office [2011] UKUT 17 (AAC), has generally been assumed to be correct.’
Panopticon, 15th February 2015
Source: www.panopticonblog.com
Legal aid providers “trying to innovate” but destablised by cuts – Legal Futures
‘More than a third of advice agencies that have so far implemented charging for legal services appear to have done so sustainably, a survey of post-LASPO innovations has found.’
Legal Futures, 3rd February 2015
Source: www.legalfutures.co.uk
In re S-W (Children) (Care Proceedings: Case Management Hearing) – WLR Daily
‘It would not be appropriate in care proceedings to dispose of a case at the case management hearing where there remained any significant issue as to threshold, assessment, or placement; nor could it ever be appropriate where the children’s guardian had not at least had an opportunity of seeing the child or children in question and to prepare a case analysis. Where, unusually, a case was to be disposed of at that hearing adequate notice had to be given to the parties; reluctance on the part of the parents or the children’s guardian would ordinarily be fatal. Furthermore a care order should not be made without some reasons or a judgment, no matter how concise, noting the available options, the positions of the parties and confirming that the outcome for the child was in his or her best interests and was proportionate.’
WLR Daily, 30th January 2015
Source: www.iclr.co.uk
Court of Appeal slams judge for “unprincipled” approach to final care orders – Local Government Lawyer
‘The Court of Appeal has sharply criticised a county court judge for adopting a “ruthlessly truncated” and “fundamentally unprincipled” process when he made final care orders at what the parties expected to be a directions hearing.’
Local Government Lawyer, 2nd February 2015
Source: www.localgovernmentlawyer.co.uk
Appointment to the bench is not a licence for judges to be gratuitously rude to those appearing before them – UK Human Rights Blog
‘HHJ Dodds is well known to readers of this blog. His style of case management was also analysed (and found wanting) by the Court of Appeal the following day in Re S-W (children) [2015] EWCA Civ 27 (30 January 2015). The judgments leave one to ponder whether these cases are a product of the stresses that have emerged from the greater expectations now put on the shoulders of judges to case manage litigation or whether, as previously discussed in this blog by David Hart QC here, it is a problem that arises with clever judges who find that they are, by temperament, not inclined to listen patiently to other people (generally considered to be a core part of the job description).’
UK Human Rights Blog, 1st February 2015
Source: www.ukhumanrightsblog.com
Sir Brian Leveson’s Review of Efficiency in Criminal Proceedings published: Media Release – Judiciary of England and Wales
‘Sir Brian Leveson, The President of the Queen’s Bench Division publishes his review into efficiency in criminal proceedings today (Friday) with a wide ranging set of recommendations. He was asked by the Lord Chief Justice, Lord Thomas to find ways to make criminal justice more efficient and streamlined.’
Judiciary of England and Wales, 23rd January 2015
Source: www.judiciary.gov.uk
Premature service of Claim Form – avoiding disaster – Zenith PI Blog
‘A problem frequently arises when, for one reason or another – most frequently the late arrival of the client in a solicitor’s office – the limitation period is nearly up, but one has not got the medical report or one has not got the materials needed for the drafting of the Particulars of Claim or indeed has grave doubts about whether the claim is viable, but plainly proceedings need to be commenced notwithstanding. In those circumstances, it is recognised as the best practice, following CPR 6.4(1)(b), to issue a claim form but to notify the court that the Claimant wishes to serve the Claim Form. If one does not do that, the court will serve the Claim Form automatically, whereas if you undertake to serve it yourself, you will have up to four months within which to serve the Claim Form. During that time, one can ensure that what needs to be done in order to present a coherent and correctly presented claim can be done.’
Zenith PI Blog, 26th January 2015
Source: www.zenithpi.wordpress.com
Inefficient court system should be streamlined, Leveson says – BBC News
‘A senior judge has set out plans to “streamline” the “inefficient, time consuming and… very expensive” justice system in England and Wales.’
BBC News, 23rd January 2015
Source: www.bbc.co.uk
Late requests for paper CMCs “run the risk of sanctions”, High Court warns – Litigation Futures
‘Lawyers who make late requests for paper case management conferences (CMCs) without good reason “run the risk of sanctions”, the High Court has warned.’
Litigation Futures, 14th January 2015
Source: www.litigationfutures.com
Asking for relief – NearlyLegal
‘This is a housing case, but the procedural issue in this decision is only tangentially related to that. Nonetheless, it is a matter worth noting.’
NearlyLegal, 10th January 2015
Source: www.nearlylegal.co.uk
An avalanche of reform – New Law Journal
‘Geraldine Morris reviews the family law changes in 2014 & makes predictions for the year ahead.’
New Law Journal, 8th January 2015
Source: www.newlawjournal.co.uk
Failure to file LQ – Relief from sanctions refused – Zenith PI Blog
‘British Gas Trading Ltd v Oak Cash & Carry Ltd [2014] EWHC 4058 (QB) 5th December 2014. Relief from sanctions refused where a failure to file the LQ in breach of an unless order led to the loss of the trial date. Although the Defendant applied for relief from sanctions, there was no for the default judgment to be set aside, and no evidence in support of such an application. In these circumstances, the court should not treat the application as though it had been made.’
Zenith PI Blog, 15th December 2014
Source: www.zenithpi.wordpress.com
