Lord Chancellor accepts unlawfulness of new Legal Aid scheme for immigration and asylum appeals – Garden Court Chambers

‘On 8 June 2020 the Civil Legal Aid (Remuneration) (Amendment) (Coronavirus) Regulations 2020 (the Amendment Regulations) came into force. The Amendment Regulations established a new fee regime for the remuneration of legal aid providers for appellants whose asylum and immigration appeals are being dealt with under a new Online Procedure which had previously been in pilot phase, but was rolled out widely by the First-tier Tribunal (FtT) in mid-March 2020.’

Full Story

Garden Court Chambers, 12th August 2020

Source: www.gardencourtchambers.co.uk

Reactivation! – Nearly Legal

‘After the mystery of the Rules laid last Friday, we now had the text of Practice Direction 55C, which will come into effect on 23 August 2020 at the end of the Part 55.29 stay of possession proceedings.’

Full Story

Nearly Legal, 21st July 2020

Source: nearlylegal.co.uk

Judge rails at lawyers’ ‘thoroughly disorganised’ case presentation – Law Society’s Gazette

Posted July 23rd, 2020 in case management, delay, expert witnesses, family courts, news by sally

‘A High Court judge has urged parties not to expect to be given sympathy in future if they continue to flout procedural rules and file evidence late.’

Full Story

Law Society's Gazette, 21st July 2020

Source: www.lawgazette.co.uk

Copyright – Performing Right Society Ltd v Qatar Airways Group QCS – NIPC Law

‘This was an application by the defendant airline to stay an action for copyright infringement on grounds of forum non conveniens and case management. The action has been brought by the Performing Right Society which alleges that the inflight entertainment systems of the defendant’s aircraft infringe the copyright laws of the countries in which those aircraft are present at any one time. The application came on before Mr Justice Birss on 18 June 2020. He handed down his judgment in Performing Right Society Ltd v Qatar Airways Group QCS [2020] EWHC 1872 on 17 July 2020.’

Full Story

NIPC Law, 20th July 2020

Source: nipclaw.blogspot.com

Case Management and COVID-19: A New Road to Consistency? – Family Law Week

Posted July 2nd, 2020 in case management, coronavirus, family courts, news by tracey

‘John Jupp, Solicitor, and Lecturer in Law at the University of Sussex, considers whether family judges are making consistent case management decisions during the pandemic.’

Full Story

Family Law Week, 24th June 2020

Source: www.familylawweek.co.uk

Toby Chaplin (by his mother and litigation friend, Diane Chaplin) v Ben Pistol, Allianz Insurance Plc [2020] EWHC 1543 (QB),2020 WL 03254432 – No. 5 Chambers

‘At 28, the Claimant had acquired a traumatic brain injury and been rendered tetraplegic in an accident caused by the negligent driving of the Defendant. The case came before Master Eastman in July 2019 for case management. At that stage, it was common ground between the experts in neurology for each party that the Claimant’s injuries had significantly reduced his life expectancy. However, they disagreed as to the extent of the reduction, Dr Liu for the Claimant estimating that his life expectancy to be 30-35% of normal; Professor Collin for the Defendant adopting a figure of 30-44% of normal. There were also differences in the experts’ approach to available statistics. Whilst the range of figures adopted by each expert were not far apart and it was likely that the Claimant’s care costs would by awarded by way of a PPO, it was nonetheless accepted that the difference between the parties translated to a 7-figure sum. At the CMC before Master Eastman in July 2019, the Defendant’s application for permission to rely on a report, from medical statisticians on the issue of the Claimant’s life expectancy, was dismissed on the basis that neither party’s neurology expert deferred to evidence from a statistician to assist them in determining the Claimant’s life-expectancy and such evidence would not add to their existing analysis of the available statistics. The Defendant did not appeal.’

Full Story

No. 5 Chambers, 22nd June 2020

Source: www.no5.com

Family court judges given power to intervene in domestic abuse cases – The Guardian

‘Judges will be empowered to intervene in cases of domestic abuse to prevent the complainant from being re-victimised by aggressive lines of questioning, as part of a new raft of legal changes announced today.’

Full Story

The Guardian, 25th June 2020

Source: www.theguardian.com

Court of Appeal allows appeal over refusal of application for intermediary assessment – Local Government Lawyer

‘The Court of Appeal has allowed an appeal from a case management decision in care proceedings refusing an application by a parent with a learning disability for an intermediary assessment and the appointment of an intermediary.’

Full Story

Local Government Lawyer, 22nd June 2020

Source: www.localgovernmentlawyer.co.uk

Vulnerable parties and witnesses in employment tribunal proceedings – 12 King’s Bench Walk

‘The first Presidential Guidance on vulnerable parties and witnesses in employment tribunal proceedings was issued this April. Key parts of the guidance deal with (i) identifying when a participant is vulnerable, and (ii) case management: directions and orders.’

Full Story

12 King's Bench Walk, 9th June 2020

Source: www.12kbw.co.uk

Relief from sanctions overturned for “egregious” conduct – Litigation Futures

‘A High Court judge has overturned relief from sanctions granted to a claimant in a medical negligence case, partly because of her solicitor’s “egregious” conduct.’

Full Story

Litigation Futures, 15th June 2020

Source: www.litigationfutures.com

Mediation – Don’t panic in the Pandemic – be prepared – 4-5 Gray’s Inn Square

‘The coronavirus pandemic and the current and continuing lockdown imposed by government has led to a number of consequences for the resolution of commercial disputes, and the administration of justice. First is where trials are being adjourned to uncertain dates, currently unable to take place due to the inability or unwillingness of people to attend court. Second is what is going to happen when the lockdown is eased or lifted, and disputes, which have been building up in the normal course, enter the system creating a backlog. Judges are understandably concerned that the courts and arbitral tribunals could face and potentially be overwhelmed by a wave of commercial cases. A number of these disputes will have arisen due to the parties’ inability to honour their contractual obligations due to the lockdown with complicated issues of law as to the remedies available.’

Full Story

4-5 Gray's Inn Square, 8th June 2020

Source: www.4-5.co.uk

Judicial early neutral evaluation during coronavirus, friend or foe? – No. 5 Chambers

‘Courts across the jurisdiction have struggled for years to run small claim and fast track lists efficiently in order to reduce the backlog. Coronavirus lockdown has brought this to a head, as cases are adjourned and the huge backlog is set to rise. Waiting several months, if not years, to have a case of modest value heard is contrary to the interests of justice. Memories fade, individuals cannot enforce their rights until the issue is litigated, the deserving go uncompensated, and the pressure to under-settle increases.’

Full Story

No. 5 Chambers, 1st June 2020

Source: www.no5.com

Court of Appeal considers the cardinal points for remote hearings during the coronavirus (COVID19) pandemic (Re A (children) and Re B (Children)) – 1 GC: Family Law

‘On consecutive days, the Court of Appeal, which included the President of the Family Division, considered two decisions of the lower courts to conduct remote hearings, Re A in relation to a final hearing as to care and placement orders and Re B regarding an interim care order with a plan for removal. Matthew Fletcher, barrister at 1|GC Family Law, compares and contrasts the two decisions and analyses whether common threads emerge that could assist practitioners in advising clients and making submissions to the court as to whether a case is suitable for a remote hearing.’

Full Story

1 GC: Family Law, 4th June 2020

Source: 1gc.com

Clin neg trial could be held remotely “as last resort” – Litigation Futures

Posted June 11th, 2020 in case management, coronavirus, hospitals, negligence, news, remote hearings by sally

‘A clinical negligence hearing is set to begin in person in the High Court today, although the judge ruled last week that it could be conducted remotely if there was no other option.’

Full Story

Litigation Futures, 8th June 2020

Source: www.litigationfutures.com

Your Appeal Fails: London Borough of Hackney v Okoro [2020] EWCA Civ 681 – Falcon Chambers

‘Is an appeal from a possession order (or other order) made in a possession claim commenced under Part 55 of the CPR caught by the stay on “all proceedings brought under CPR Part 55” imposed by paragraph 2 of Practice Direction 51Z (as amended on 20 April 2020)?’

Full Story

Falcon Chambers, 28th May 2020

Source: www.falcon-chambers.com

No relief for claimant who went “well beyond” court order – Litigation Futures

Posted June 3rd, 2020 in case management, expert witnesses, news, sanctions, video recordings by sally

‘The High Court has rejected an application for relief from sanctions from a claimant who went “well beyond” the terms of a directions order by obtaining a fully updated report from a medical expert.’

Full Story

Litigation Futures, 2nd June 2020

Source: www.litigationfutures.com

Relief from sanctions: An overview and case law update – St Ives Chambers

Posted June 2nd, 2020 in case management, civil procedure rules, coronavirus, news, sanctions by sally

‘In light of the current COVID-19 pandemic, applications for relief from sanctions may become more frequent as deadlines are missed and court orders are not complied with. In three recent cases, the High Court has considered the applicable principles and provided guidance. Now, therefore, seems the ideal time to revisit the applicable principles.’

Full Story

St Ives Chambers, 21st May 2020

Source: www.stiveschambers.co.uk

Should there be a trial of limitation as a preliminary issue? – Parklane Plowden Chambers

Posted June 2nd, 2020 in case management, civil procedure rules, limitations, news by sally

‘This article discusses whether to list a case for trial of “limitation” as a preliminary issue. This can be a matter of conflict between parties but, in the “age of QOCS”, can have significant benefits or repercussions for the litigants depending on the Court’s approach.’

Full Story

Parklane Plowden Chambers, 21st May 2020

Source: www.parklaneplowden.co.uk

Libel judge issues “wasteful” bundles warning – Litigation Futures

Posted June 1st, 2020 in case management, defamation, documents, media, news, proportionality by sally

‘It should not be necessary for the court to make express directions as to what should be included in a hearing bundle but failures to collate them properly may force them to, a High Court judge has warned.’

Full Story

Litigation Futures, 1st June 2020

Source: www.litigationfutures.com

Housing in Lockdown: Avoid the pause button – St Ives Chambers

‘A review of the number ways Covid-19 can effect the progression and outcome of housing cases and how practitioners can continue to engage in effective case management during this challenging period.’

Full Story

St Ives Chambers, 19th May 2020

Source: www.stiveschambers.co.uk