Category: case management

Re P (A Child remote Hearing) [2020] EWFC 32 – No. 5 Chambers

Posted April 28th, 2020 in case management, child abuse, coronavirus, live link evidence, news, remote hearings by sally

‘On 16th April 2020, Sir Andrew McFarlane handed down a case management judgment on a public law case which may have significant implications for case management decisions until court services return to normal. The case in question was on the issue of fabricated or induced illness and the issue was whether the final hearing should proceed remotely. The Mother opposed the local authority care plan. It was listed for a fifteen day hearing addressing whether she had harmed her seven year old daughter. Despite the coronavirus pandemic both the Father and the local authority supported the hearing continuing remotely. The Mother’s Solicitors’ had assumed it would proceed with plans to take instructions by Zoom or in between each piece of evidence. There were to be three expert witnesses.’

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No. 5 Chambers, 24th April 2020

Source: www.no5.com

Frankenstein’s monster, group litigation and solicitor disputes – Six Pump Court

Posted April 28th, 2020 in case management, class actions, competition, news, solicitors by sally

‘This short article looks at some of the lessons which can be learnt from disputes between solicitors wanting to be active in key roles in group litigation, in particular from the recent TCC decision in Lungowe v. Vedanta (27 March 2020).’

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Six Pump Court, 24th April 2020

Source: www.6pumpcourt.co.uk

Remote Hearings: A Practical Guide to Case Management – 3PB

Posted April 21st, 2020 in case management, chambers articles, coronavirus, courts, live link evidence, news, remote hearings by sally

‘It is a brave new world. The lockdown brought about by the coronavirus crisis is forcing the hand of our infamously old-fashioned profession to adapt quickly or lose myriad court dates; leaving our clients without satisfactory and timely resolutions to their disputes.’

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3PB, 19th April 2020

Source: www.3pb.co.uk

Case management in the time of Covid-19 – Cloisters

Posted April 20th, 2020 in case management, chambers articles, coronavirus, news by sally

‘In practice it seems that many of the preliminary hearings that are taking place on what would have been the first day of a trial are simply being used to relist the final hearing. In some regions, cases are not being relisted until the summer of 2021.’

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Cloisters, 20th April 2020

Source: www.cloisters.com

Remote Hearings: A Practical Guide to Case Management – 3PB

Posted April 16th, 2020 in case management, chambers articles, coronavirus, courts, live link evidence, news, remote hearings by sally

‘It is a brave new world. The lockdown brought about by the coronavirus crisis is forcing the hand of our infamously old-fashioned profession to adapt quickly or lose myriad court dates; leaving our clients without satisfactory and timely resolutions to their disputes.’

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3PB, 14th April 2020

Source: www.3pb.co.uk

Amendments to statements of case and the rule in Henderson v Henderson – Wilberforce Chambers

Posted April 15th, 2020 in case management, chambers articles, civil procedure rules, news, res judicata by sally

‘Is it possible to resist an application to amend on the grounds that the new case could and should have been advanced earlier in the same proceedings?’

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Wilberforce Chambers, 14th April 2020

Source: www.wilberforce.co.uk

Making Remote Hearings Work – St John’s Chambers

Posted April 15th, 2020 in case management, chambers articles, coronavirus, courts, live link evidence, news, remote hearings by sally

‘A broad experience is building up among advocates with the use of remote hearings. Although many courts are still using telephone links (and for many litigants who do not have access to more sophisticated technology, this will remain the default medium) the use of video links is becoming more of a normal experience.’

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St John's Chambers, 8th April 2020

Source: www.stjohnschambers.co.uk

Judges warn over parties’ conduct in remote hearings – Litigation Futures

Posted April 15th, 2020 in case management, codes of practice, coronavirus, courts, live link evidence, news, remote hearings, standards by sally

‘Courts and tribunals have made “remarkable” progress in dealing with remote hearings during the coronavirus crisis, but there are concerns about the behaviour of parties, the senior judiciary has said.’

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Litigation Futures, 15th April 2020

Source: www.litigationfutures.com

High Court forces GLO on Leigh Day and Hausfeld – Litigation Futures

Posted April 9th, 2020 in case management, costs, law firms, miners, news by sally

‘The High Court has rejected efforts by claimant law firms Leigh Day and Hausfeld to keep their actions against a Zambian copper mine operator separate, making a group litigation order (GLO) sought by the defendants.’

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Litigation Futures, 8th April 2020

Source: www.litigationfutures.com

Company must disclose documents held by subsidiaries – Litigation Futures

Posted April 7th, 2020 in case management, civil procedure rules, disclosure, documents, news, pilot schemes by sally

‘A company must disclose documents held by its subsidiaries and which it controls, the High Court has ruled, in a case handled under the disclosure pilot.’

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Litigation Futures, 6th April 2020

Source: www.litigationfutures.com

Guidance to Appropriate Authorities: police misconduct hearings during the coronavirus restrictions – UK Police Law Blog

Posted April 3rd, 2020 in case management, coronavirus, disciplinary procedures, live link evidence, news, police, professional conduct by sally

‘This note is intended to assist Appropriate Authorities (“AAs”), Professional Standards Departments (“PSDs”) and hearings units to progress misconduct proceedings[1] under the Police (Conduct) Regulations 2012 and 2020 (“PCR”), during the outbreak of COVID-19. We suggest that AAs should try to proceed with hearings by video and/or telephone where possible, and we explore the practical implications of doing so.’

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UK Police Law Blog, 30th March 2020

Source: ukpolicelawblog.com

Denton Resource – St John’s Chambers

Posted March 17th, 2020 in case management, chambers articles, civil procedure rules, news, penalties, sanctions by sally

‘This most recent edition of the Denton Resource includes, in a thematic at-a-glance format, over 200 post-Denton cases decided up to 31 December 2019. It will be of interest to practitioners in all fields of civil litigation dealing with applications where the three-stage Denton approach is to be applied.’

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St John's Chambers, 10th February 2020

Source: www.stjohnschambers.co.uk

Patents – Conversant Wireless Licensing v Huawei Technologies Co. Ltd and Others – NIPC Law

Posted February 24th, 2020 in case management, costs, disclosure, licensing, news, patents, proportionality by sally

‘This was an application by the claimant, Conversant Wireless Licensing SARL for disclosure of the licence agreements and assignments relating to 3G and 4G patents that had been entered by the defendants, Huawei Technologies Co Ltd., ZTE (UK) Limited and their British subsidiaries. Substantially the same application had been made to His Honour Judge Hacon at the case management conference in the action which took place in July 2019. The later application was heard by Mr Justice Birss who delivered judgment in Conversant Wireless Licensing SARL v Huawei Technologies Co. Ltd and others [2020] EWHC 256 (Pat) on 10 Feb 2020. The reference to the CMC in the transcript of Mr Justice Birss’s judgment is [2009] EWHC 1982 (Pat) but I think that must be a misprint for [2019].’

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NIPC Law, 22nd February 2020

Source: nipclaw.blogspot.com

Has the test for whether or not an appeal should be allowed in respect of a case management decision, as laid down in O’Cathail v Transport for London, been impliedly overruled by R (Osborn) v Parole Board? No, says the EAT in Chowdhury v Marsh Farm Futures UKEAT/0473/18/DA – 3PB

Posted February 19th, 2020 in appeals, case management, chambers articles, employment, employment tribunals, fitness to plead, litigants in person, news by sally

‘Employment Tribunal judges have a wide discretion when making case management decisions, with it being rare for a challenge to such a decision being successful. The Court of Appeal in O’Cathail v Transport for London [2013] IRLR 310 have made it clear that tribunal decisions can only be questioned for error of law. The specific issue in that case was whether or not it was an error of law for a Tribunal to refuse a postponement application in circumstances in which a litigant in person had a fit note saying they were not fit to attend the hearing. The application was refused and the trial went ahead in his absence.’

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3PB, 7th February 2020

Source: www.3pb.co.uk

Ainsworth v Stewarts Law – the Court of Appeal gives guidance on solicitor/client costs disputes – Hardwicke Chambers

Posted February 19th, 2020 in appeals, case management, chambers articles, civil procedure rules, costs, news, practice directions, solicitors by sally

‘This decision is important for any professional involved in solicitor and client disputes. The judgment is another example of the senior courts being willing to uphold robust case management decisions of first instance judges. Here the court held that “the judge was entitled to take the course he did which was well within the ambit of the proper exercise of his discretion.”’

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Hardwicke Chambers, 19th February 2020

Source: hardwicke.co.uk

Dealing with Applications for Adjournments due to Ill-Health – St Ives Chambers

Posted February 14th, 2020 in adjournment, case management, chambers articles, health, litigants in person, news by sally

‘The High Court has provided a comprehensive summary, in the case of Financial Conduct Authority (FCA) V Avacade Ltd & Ores [2020] EWHC 26, of the relevant authorities when it comes to applying for an adjournment on the grounds of ill-health.’

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St Ives Chambers, 6th February 2020

Source: www.stiveschambers.co.uk

Extinction Rebellion activists cleared after arresting officer books holiday during trial – Daily Telegraph

Posted January 29th, 2020 in case management, climate change, Crown Prosecution Service, demonstrations, environmental protection, holidays, news, notification, police, trespass, witnesses by sally

‘A group of Extinction Rebellion (XR) protestors who brought City of London Airport to a standstill were given £280 to cover travel costs to court, after their case collapsed because a key police witness is on holiday.’

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Daily Telegraph, 28th January 2020

Source: www.telegraph.co.uk

How do you balance the prejudice between parties when one party could be left with an undefendable claim? – Parklane Plowden

Posted January 29th, 2020 in bereavement, cancer, case management, damages, delay, expert witnesses, families, industrial injuries, news, notification, solicitors, trials by sally

‘HHJ Freedman, the Designated Civil Judge in Newcastle, had to grapple with this in the case of Mitchell v Precis 548 Ltd [2019] EWHC 3314 (QB). HHJ Freedman had to decide whether to accede to the request of a First Defendant in the proceedings as to whether to vacate a trial 2 days before it was due to start.’

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Parklane Plowden, 24th January 2020

Source: www.parklaneplowden.co.uk

The case for judicial early neutral evaluation – Law Society’s Gazette

Posted January 27th, 2020 in case management, civil procedure rules, dispute resolution, news by sally

‘Perhaps an overlooked provision of the CPR is rule 3.1(2)(m) which provides that the court may ‘take any other step or make any other order for the purpose of managing the case and furthering the overriding objective, including hearing an early neutral evaluation with the aim of helping the parties settle the case’.’

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Law Society's Gazette, 27th January 2020

Source: www.lawgazette.co.uk

Family wins fight to delete child from Met’s anti-radicalisation records – The Guardian

Posted December 20th, 2019 in case management, children, families, Islam, news, police by tracey

‘A primary school-aged child has had details of their referral to the government’s controversial anti-radicalisation Prevent programme deleted by the Metropolitan police following court action, the Guardian can reveal.’

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The Guardian, 19th December 2019

Source: www.theguardian.com