Recent rulings show “sensible and pragmatic” approach to costs sanctions emerging, says expert – OUT-LAW.com

Posted February 28th, 2014 in budgets, case management, costs, news by sally

‘A recent run of High Court rulings shows that a “sensible and pragmatic” approach to the circumstances in which relief from sanctions for breaches of the civil court costs rules will be granted is gradually beginning to emerge, an expert has said.’

Full story

OUT-LAW.com, 25th February 2014

Source: www.out-law.com

High Court sends out strong warning against ‘tactical’ use of Mitchell – Litigation Futures

‘The Mitchell ruling is not to be used as a tactical weapon, the High Court has warned litigators in a case where its opprobrium was reserved for the conduct of the party on the other side of the default.’

Full story

Litigation Futures, 21st February 2014

Source: www.litigationfutures.com

“Mandatory” mediation – not mandatory enough! – Halsbury’s Law Exchange

Posted February 10th, 2014 in bills, case management, dispute resolution, divorce, domestic violence, legal aid, news by tracey

‘In recent weeks there has been widespread reporting of government measures to introduce “mandatory mediation” for separating couples. This will be brought in under the Children and Families Bill, which is due to come into force in April. So, what exactly will the proposals mean? Will they actually result in couples moving away courts, and resolving their disputes through mediation, as the government wants?’

Full story

Halsburys Law Exchange, 10th February 2014

Source: www.halsburyslawexchange.co.uk

Escalating legal fees – why family judges need to “get a grip” – Halsbury’s Law Exchange

Posted January 28th, 2014 in case management, civil procedure rules, costs, family courts, fees, news by sally

‘Legal fees in family proceedings hit the headlines with Young v Young – the now infamous seven year divorce case which saw £6.5m spent on one side’s legal costs alone.’

Full story

Halsbury’s Law Exchange, 27th January 2014

Source: www.halsburyslawexchange.co.uk

Obtaining a defendant’s insurance details – Hardwicke Chambers

‘In XYZ v Various [2013] EWHC 3648, Mrs Justice Thirlwall is managing group litigation in which nearly 1000 women seek damages from companies running hospitals for supplying them with defective implants manufactured by the French company, PIP, for use in breast implant surgery. Some of the claimants also bring actions against the providers of credit cards pursuant to the Consumer Credit Act 1984 (as amended by the 2006 Act) and some bring actions against the surgeons who carried out the surgery. The total value of the claims is in the region of £13m plus costs on both sides. The court has held a number of case management hearings culminating finally in a timetable leading to trial in October 2014 on three issues in four sample cases in which Transform Medical Group (CS) Ltd (“Transform”) is, effectively, the lead defendant.’

Full story

Hardwicke Chambers, 13th January 2014

Source: www.hardwicke.co.uk

Mitchell Part Two: a practical view from the Bar – Littleton Chambers

Posted January 22nd, 2014 in appeals, case management, civil procedure rules, delay, news, sanctions by sally

‘In his monthly column, James Bickford Smith discusses Durrant v Chief Constable of Avon and Somerset Constabulary [2013] EWCA Civ 1624 in which the Court of Appeal, after its decision in Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1537, took further eye-catching steps to impose the new approach to relief from sanctions.’

Full story

Littleton Chambers, 8th January 2014

Source: www.littletonchambers.com

Court of Appeal cites Mitchell to refuse relief – Law Society’s Gazette

Posted December 19th, 2013 in appeals, case management, costs, news, police, time limits, witnesses by tracey

‘The Court of Appeal has cited the landmark Mitchell costs case for the first time to reject a defendant’s plea for relief from sanctions.’

Full story

Law Society’s Gazette, 18th December 2013

Source: www.lawgazette.co.uk

This month’s costs cases summaries: appeals, unjust enrichment and Mitchell – Litigation Futures

Posted December 10th, 2013 in appeals, budgets, case management, civil procedure rules, costs, litigants in person, news by tracey

‘Our monthly summary of key costs-related court decisions.’

Full story

Litigation Futures, 9th December 2013

Source: www.litigationfutures.com

Mitchell v News Group Newspapers Ltd – WLR Daily

Posted December 6th, 2013 in appeals, budgets, case management, civil procedure rules, law reports, media by tracey

Mitchell v News Group Newspapers Ltd: [2013] EWCA Civ 1537;   [2013] WLR (D)  466

‘In the context of the court’s case management powers in respect of a party’s claim, the failure by the party to file a costs budget on time would not normally attract relief from the sanction imposed by CPR r 3.14 unless the default were trivial or there were a good reason for it.’

WLR Daily, 27th November 2013

Source: www.iclr.co.uk

In re C (A Child) – WLR Daily

Posted November 25th, 2013 in case management, children, contact orders, family courts, law reports, service by tracey

In re C (A Child): [2013] EWCA Civ 1412;   [2013] WLR (D)  449

‘The Court of Appeal gave guidance as to the proper approach to be adopted in family proceedings when considering a without notice application for a prohibited steps order and the making of a contact order.’

WLR Daily, 21st November 2013

Source: www.iclr.co.uk

Parties to civil litigation need more guidance on costs, says expert, as High Court declines to approve “disproportionate” budgets – OUT-LAW.com

“Parties to litigation in the civil courts need more guidance about what constitutes an ‘appropriate’ costs budget and the consequences of not meeting the requirements of the new costs management regime, an expert has said.”

Full story

OUT-LAW.com, 8th October 2013

Source: www.out-law.com

How to avoid getting into serious trouble! – New Law Journal

Posted September 20th, 2013 in budgets, case management, civil procedure rules, costs, news by sally

“HH Simon Brown QC continues his exclusive NLJ online series on costs management post-Jackson.”

Full story

New Law Journal, 19th September 2013

Source: www.newlawjournal.co.uk

A fairer civil future? – New Law Journal

Posted September 12th, 2013 in case management, civil justice, civil procedure rules, costs, news, proportionality by tracey

“Mohammed Saleem Tariq & Anton van Dellen reflect on the early days of the Jackson reforms.”

Full story

New Law Journal, 6th September 2013

Source: www.newlawjournal.co.uk

Budgeting? Beware! – New Law Journal

Posted August 20th, 2013 in budgets, case management, costs, news by tracey

“Every litigator will be aware of the new obligation to prepare budgets. What follows is a series of warnings about trips and traps.”

Full story

New Law Journal, 19th August 2013

Source: www.newlawjournal.co.uk

Solicitor who ignored LeO fined for contempt – Solicitors Journal

Posted August 15th, 2013 in case management, contempt of court, fines, legal ombudsman, news, solicitors by sally

“A solicitor who refused to comply with a legal ombudsman decision to return files to a client has been fined £5,000 for contempt by a county court.”

Full story

Solicitors Journal, 14th August 2013

Source: www.solicitorsjournal.com

Parties to litigation must be aware of courts’ “strict and robust approach” to new costs rules, says expert – OUT-LAW.com

Posted August 14th, 2013 in arbitration, case management, civil procedure rules, costs, news, time limits by sally

“Parties to civil court litigation must ensure that they file and exchange costs budgets no later than seven days before the first case management conference or risk strict penalties under the new costs management regime, an expert has said.”

Full story

OUT-LAW.com, 13th August 2013

Source: www.out-law.com

High Court caps ‘plebgate’ libel budget to court fees for Andrew Mitchell MP – The Lawyer

Posted August 8th, 2013 in budgets, case management, costs, defamation, fees, news by sally

“The High Court has told the former chief whip Andrew Mitchell MP that the cost of his libel action against The Sun will be restricted to the cost of the court fees for the claim.”

Full story

The Lawyer, 7th August 2013

Source: www.thelawyer.com

MoJ proposes online scheme for asbestos victims – Law Society’s Gazette

“Victims of asbestos-related disease are to be offered a process for out-of-court compensation along the lines of the RTA Portal, under proposals to support mesothelioma sufferers announced by the Ministry of Justice today.”

Full story

Law Society’s Gazette, 24th July 2013

Source: www.lawgazette.co.uk

Reform of disclosure management following R v Mouncher (Lynette White) – Crown Prosecution Service

Posted July 18th, 2013 in case management, disclosure, prosecutions, reports by tracey

“The Director of Public Prosecutions, Keir Starmer QC, has today published the full report by Her Majesty’s Crown Prosecution Service Inspectorate (HMCPSI), undertaken at his request, into disclosure issues that arose in the case of R v Mouncher and others.”

Full report

Crown Prosecution Service, 16th July 2013

Source: www.cps.gov.uk

Effecting change in local family justice systems? Findings from the Cafcass Pre-Proceedings Pilot – Family Law Week

Posted July 11th, 2013 in case management, delay, family courts, news, pilot schemes, reports by sally

“Dr Karen Broadhurst of Manchester University explains the findings of a recently completed pilot involving family court advisers in public law pre-proceedings practice.”

Full story

Family Law Week, 10th July 2013

Source: www.familylawweek.co.uk