Rule committee backs moves to increase take-up of expert ‘hot-tubbing’ – Litigation Futures

‘Expert witnesses giving concurrent evidence – or ‘hot-tubbing’ – should be the default position in the Mercantile Court and Technology and Construction Court (TCC), the Civil Procedure Rule Committee (CPRC) has suggested.’

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Litigation Futures, 4th April 2017

Source: www.litigationfutures.com

LiPs: a perfect storm in the divorce courts? – New Law Journal

Posted March 10th, 2017 in case management, divorce, litigants in person, news by sally

‘Iqbal v Iqbal provides a salutary example of the consequences that can occur in the absence of legal representation, as Shlomit Glaser & Tim Jones report.’

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New Law Journal, 9th March 2017

Source: www.newlawjournal.co.uk

Bahrain speech by Sir Peter Gross: Judicial Leadership and Reform – Courts and Tribunals Judiciary

Posted March 3rd, 2017 in case management, judiciary, speeches by tracey

‘Bahrain speech by Sir Peter Gross: Judicial Leadership and Reform.’

Full speech

Courts and Tribunals Judiciary, 1st March 2017

Source: www.judiciary.gov.uk

How is the PLO working? What is its impact on court process and outcome? – Family Law Week

‘The last five years have brought important reforms to care proceedings. The Judiciary made proposals for modernising family justice with a focus on strong judicial leadership, judicial continuity and better case management.2 The Family Justice Review3 recommended that the duration of care proceedings should be limited to 26 weeks, that fewer experts should be instructed in proceedings and there should be more limited scrutiny of the care plan, with the court considering only the plan for permanency (care by the parents(s), placement in the extended family, long-term fostering, or adoption) and not matters such as services for the child and contact arrangements. The Review’s recommendations were enacted in the Children and Families Act 2014, supplemented by new procedural rules (the PLO 2014) and implemented on April 22, 2014. This date also marked the opening of the Family Court, replacing the triple jurisdiction of the Family Proceedings Court, the County Court and the High Court. ‘

Full story

Family Law Week, 17th February 2017

Source: www.familylawweek.co.uk

Costs judge issues strong proportionality warning over need to plan cases – Litigation Futures

‘A costs judge has emphasised the need for solicitors to plan their litigation so as to ensure that their costs are proportionate, after slashing a £72,000 bill for a low-value clinical negligence case by two-thirds.’

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Litigation Futures, 22nd February 2017

Source: www.litigationfutures.com

Expert Evidence, Adjournment and Proving Loss: A Practical View from the Bar – Littleton Chambers

Posted February 17th, 2017 in adjournment, case management, expert witnesses, news by sally

‘There has recently been a run of cases in which courts have at case and costs management conferences (CCMC) refused permission to a party seeking to call an expert. Such refusals may be made on grounds of relevance, proportionality or because the evidence that is sought to be adduced is, on analysis, not expert evidence at all, as held by the judge in Darby Properties Ltd and another v Lloyds Bank plc [2016] EWHC 2494 (Ch).’

Full story

Littleton Chambers, 11th January 2017

Source: www.littletonchambers.com

Cooperation With Counsel – Zenith PI Blog

Posted February 14th, 2017 in barristers, case management, news, personal injuries, solicitors by sally

‘This blog is addressed to solicitors and indeed to those who instruct counsel, particularly in relation to the fast-track trials and other proceedings such as small claims and indeed interlocutory matters. I feel that this is a timely Note, because thanks to the minimal remuneration which is nowadays given to solicitors (let alone counsel), solicitors are placed in great difficulty in dealing with claims of this kind efficiently. But, just as it is true that some cases are won by good preparation, so it is also unhappily true that many good cases are lost by poor preparation.’

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Zenith PI Blog, 13th February 2017

Source: www.zenithpi.wordpress.com

Legal Ombudsman suspends publication of complaints data over accuracy concerns – Legal Futures

Posted February 13th, 2017 in case management, complaints, internet, legal ombudsman, mistake, news by sally

‘The Legal Ombudsman (LeO) has pulled from its website the details of law firms and chambers that have been subject to complaints because of concerns over their accuracy, it has emerged.’

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Legal Futures, 13th February 2017

Source: www.legalfutures.co.uk

Immigration tribunal President blasts legal representatives in sex grooming gang appeal – Free Movement

‘President McCloskey has blasted the representatives for both claimants and the Home Office in his latest determination of Shabir Ahmed and others (sanctions for non – compliance) [2016] UKUT 00562 (IAC).’

Full story

Free Movement, 13th January 2017

Source: www.freemovement.org.uk

Time to comply – New Law Journal

Posted December 20th, 2016 in case management, civil procedure rules, damages, delay, news by sally

‘Julia Messervy-Whiting & Sofia Lobosco outline the importance of compliance with court orders, directions and CPR.’

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New Law Journal, 19th December 2016

Source: www.newlawjournal.co.uk

Incurred costs do not need to be contested at first CMC, rule committee says – Litigation Futures

Posted December 19th, 2016 in case management, civil procedure rules, costs, news by sally

‘The cost budgeting rules are to be amended to make it clear that the case management hearing is not the forum to debate incurred costs.’

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Litigation Futures, 16th December 2016

Source: www.litigationfutures.com

Judge calls for LiP powers after court ‘bombarded’ with emails – Law Society’s Gazette

Posted December 12th, 2016 in case management, judges, litigants in person, news by sally

‘An appeal judge has called for extra powers to curb the activities of litigants in person who inundate courts with communications.’

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Law Society’s Gazette, 9th December 2016

Source: www.lawgazette.co.uk

Judicial Assessments: More New Clothes for the Emperor? By Daniel Northall – Littleton Chambers

Posted December 1st, 2016 in arbitration, case management, costs, employment tribunals, judiciary, news by sally

‘On 3 October 2016, the President of the Employment Tribunals, Judge Brian Doyle, issued presidential guidance on a newly introduced process of judicial assessment.’

Full story

Littleton Chambers, 18th November 2016

Source: www.littletonchambers.com

Exclusive: High Court lambasts BSB for “seriously mishandling” disciplinary case – Legal Futures

Posted November 28th, 2016 in barristers, case management, disciplinary procedures, news, solicitors, tribunals by tracey

‘The High Court has overturned a disciplinary finding against a barrister after finding that the Bar Standards Board “seriously mishandled” the case.’

Full story

Legal Futures, 28th November 2016

Source: www.legalfutures.co.uk

Surveillance Skulduggery? – Zenith PI Blog

Posted November 17th, 2016 in case management, damages, evidence, news, personal injuries by sally

‘In Stewart v Kelly Blake J dealt with an application, made by a Defendant in a personal injury claim, to adduce surveillance evidence. The ex tempore judgment – currently available only in summary form – deals with the principles to be applied in relation to ambushes and surveillance.’

Full story

Zenith PI Blog, 15th November 2016

Source: www.zenithpi.wordpress.com

Use of electronic trial bundles in the civil courts: the pros and cons – OUT-LAW.com

Posted November 16th, 2016 in case management, disclosure, documents, electronic filing, news by sally

‘FOCUS: Growing support for the use of digital technology in the UK courts means it is now easier and quicker for parties to litigation to view and exchange court papers.’

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OUT-LAW.com, 15th November 2016

Source: www.out-law.com

Departing Jackson – New Law Journal

Posted October 31st, 2016 in budgets, case management, civil procedure rules, costs, news by sally

‘Francis Kendall reports on a positive result for costs budgeting.’

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New Law Journal, 18th October 2016

Source: www.newlawjournal.co.uk

Judge issues warning on late service and litigants in person – Local Government Lawyer

Posted October 14th, 2016 in case management, delay, litigants in person, news, practice directions, service by sally

‘A judge has warned against unfairness to litigants in person caused by late service of documents.’

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Local Government Lawyer, 12th October 2016

Source: www.localgovernmentlawyer.co.uk

Jackson: call for multi-track fixed costs is not an admission of costs management’s failure – Litigation Futures

Posted October 14th, 2016 in case management, civil procedure rules, costs, news by sally

‘Lord Justice Jackson said today that his call to extend fixed recoverable costs to the lower reaches of the multi-track is not an admission that costs management has not worked.’

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Litigation Futures, 13th October 2016

Source: www.litigationfutures.com

High Court warning to lawyers over fair treatment of litigants in person – Litigation Futures

Posted October 10th, 2016 in case management, delay, litigants in person, news, practice directions, service by sally

‘The High Court has issued a warning to lawyers over dumping legal documents on litigants in person (LiPs) at the door of the court.’

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Litigation Futures, 6th October 2016

Source: www.litigationfutures.com