Judge rejects bid to exit shorter trial scheme – Litigation Futures

Posted February 22nd, 2019 in case management, disclosure, evidence, expert witnesses, news, patents by tracey

‘A judge has refused a party’s application to remove their case from the shorter trial scheme.’

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Litigation Futures, 22nd February 2019

Source: www.litigationfutures.com

Report recommends improvements to English planning appeals – OUT-LAW.com

Posted February 15th, 2019 in appeals, case management, delay, inquiries, local government, news, planning by sally

‘An independent review of the planning appeal process in England and Wales has made 22 recommendations, aimed at halving the time taken for an appeal by June 2020.’

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OUT-LAW.com, 14th February 2019

Source: www.out-law.com

No TUPE protection for most staff shed in Lawyers Inc takeover – Legal Futures

‘Only five out of 22 lawyers and staff who lost their jobs when Hull firm Ingrams collapsed in July 2017 were protected by the TUPE regulations when the firm was effectively taken over by an innovative alternative business structure (ABS), an employment tribunal has ruled.’

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Legal Futures, 8th January 2019

Source: www.legalfutures.co.uk

Capped costs pilot for cases worth up to £250k to launch next month – Litigation Futures

Posted December 17th, 2018 in case management, costs, costs capping orders, limitations, news, pilot schemes by sally

‘A pilot scheme introducing capped costs of £80,000 for High Court cases worth up to £250,000 – as recommended by Sir Rupert Jackson last year – is set to be introduced next month.’

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Litigation Futures, 17th December 2018

Source: www.litigationfutures.com

MoJ calls for evidence on new personal injury discount rate – Litigation Futures

‘The Ministry of Justice (MoJ) has issued a call for evidence on the new personal injury discount rate to be set under what will soon be the Civil Liability Act.’

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Litigation Futures, 10th December 2018

Source: www.litigationfutures.com

Tribunal refuses to hear preliminary issue in bank payroll tax case – OUT-LAW.com

‘A procedural point on whether HM Revenue & Customs (HMRC) had validly given notices of enquiry within the requisite time limits should not be heard separately as a preliminary issue, the First-tier Tax Tribunal (FTT) has decided in a case concerning bank payroll tax (BPT).’

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OUT-LAW.com, 7th December 2018

Source: www.out-law.com

Leading firm left with court fees budget after late service – Litigation Futures

Posted December 7th, 2018 in budgets, case management, costs, fees, indemnities, law firms, news, sanctions, service by tracey

‘A leading national law firm that served its budget late has failed in an application for relief from sanctions only made on the day of the case and costs management conference (CCMC).’

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Litigation Futures, 7th December 2018

Source: www.litigationfutures.com

Judges handling difficult cases “given psychological support” – Litigation Futures

Posted November 19th, 2018 in case management, health & safety, Judaism, judiciary, mental health, news, standards by sally

‘Judges dealing with difficult caseloads are receiving annual one-to-one meetings with psychologists, the Lord Chief Justice has revealed.’

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Litigation Futures, 15th November 2018

Source: www.litigationfutures.com

The Advocate and the Expert in the Court of Protection – Expert Witness

Posted November 6th, 2018 in advocacy, barristers, case management, Court of Protection, expert witnesses, news by sally

‘The aim of this article is to explore the practical interface between the advocate and the expert in proceedings before the Court of Protection (‘COP’), and is written for both lawyers and experts. Unless otherwise stated, all statutory references are to the Mental Capacity Act 2005 (‘MCA’), and the person over whom the court has jurisdiction is referred to a ‘P’.’

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Expert Witness, 5th November 2018

Source: scoop-cms.s3-eu-west-1.amazonaws.com

Family law 2018: on divorce reform – Family Law

Posted October 23rd, 2018 in bills, case management, divorce, evidence, families, marriage, news by sally

‘David Burrows assesses the government’s proposals for an overhaul of divorce law, and supplies some suggestions of his own.’

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Family Law, 22nd October 2018

Source: www.familylaw.co.uk

Reform and the future of family justice: where is the court modernisation programme heading? – Family Law

Posted October 19th, 2018 in case management, family courts, news by sally

‘The following is an extract from a talk delivered by the immediate past President of the Family Division to the Cheshire and North Wales Resolution Family Law Conference at Chester on 25 September 2018. The full version will appear in the November issue of Family Law.’

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Family Law, 18th October 2018

Source: www.familylaw.co.uk

Partial relief from sanction for claimant who submitted partial budget – Litigation Futures

‘A claimant who submitted a budget that did not include figures for trial preparation or trial has won relief from a decision that limited the entire budget to court fees only – but only for those parts of the budget that were completed.’

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Litigation Futures, 17th October 2018

Source: www.litigationfutures.com

Judge who disparaged one party’s counsel “did not give appearance of bias” – Litigation Futures

‘A judge who was “snide” and disparaging to counsel for one of the parties before her did nonetheless not give the appearance of bias, the High Court has ruled.’

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Litigation Futures, 15th October 2018

Source: www.litigationfutures.com

Kieran Wilson on Case Management, Lists of Issues, and the Need to Know Your Case From the Start – Littleton Chambers

Posted August 7th, 2018 in case management, employment, employment tribunals, news by sally

‘Case management is not typically regarded as the most glamorous aspect of litigation. This is understandable, since parties’ eyes are often fixed on the drama and stakes of the final hearing.’

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Littleton Chambers, 26th June 2018

Source: www.littletonchambers.com

Serious injury solicitors question judgement of barristers, case managers and even families – Litigation Futures

Posted August 7th, 2018 in barristers, case management, news, personal injuries, solicitors by sally

‘Solicitors in serious brain injury cases often have cause to sack barristers and question whether the family is acting in the best interests of their injured relative, according to a survey.’

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Litigation Futures, 7th August 2018

Source: www.litigationfutures.com

Speech by Lord Justice Gross: Disclosure – Again – Courts and Tribunals Judiciary

Posted June 21st, 2018 in case management, criminal justice, disclosure, police, speeches by tracey

‘Speech by Lord Justice Gross: Disclosure – Again.’

Full speech

Courts and Tribunals Judiciary, 19th June 2018

Source: www.judiciary.uk

Appealing adjournments in misconduct hearings – UK Police Law Blog

Posted June 15th, 2018 in adjournment, appeals, case management, news, police, tribunals by tracey

‘Challenges to a failure to adjourn seem to be popping-up at the moment. There was the recent decision of the Court of Appeal in Solanki v (1) Intercity Telecom Ltd (2) Guidinglight Finance Ltd [2018] EWCA Civ 101 – where a judge had failed to give adequate reasons for rejecting medical evidence justifying an adjournment. By contrast, in the recent decision of Lindsay v Solicitors’ Regulatory Authority [2018] EWHC 1275 (Admin), the respondent in misconduct proceedings failed to advance adequate evidence to support such an application. What lies deeper beneath, however, is whether an appeal against a decision not to adjourn requires the appellate court or tribunal to consider whether the original decision lay within the range of reasonable responses open to the decision maker below or, alternatively, has to determine the question of fairness / correctness itself.’

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UK Police Law Blog, 15th June 2018

Source: ukpolicelawblog.com

Reform for the Family jurisdiction: A message to family judges from the President of the Family Division – Family Law

Posted May 11th, 2018 in case management, electronic filing, family courts, news, pilot schemes by sally

‘How will the Reform Programme achieve change for the administration of family justice?’

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Family Law, 10th May 2018

Source: www.familylaw.co.uk

JY v RY: An Indictment of the Impact of Legal Aid Cuts – Family Law Week

‘Matthew Richardson, barrister, Coram Chambers explains why a case, described by the judge as “the most unsatisfactory” he has heard and in which ‘had one or both of these parents been represented … probably the outcome would have been very different’, serves as an alarming lesson in just how far our justice system has fallen.’

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Family Law Week, 4th May 2018

Source: www.familylawweek.co.uk

Speech by Lord Justice Irwin: Complexity and Obscurity in the Law, and how we might mitigate them – Courts and Tribunals Judiciary

‘Speech by Lord Justice Irwin: Complexity and Obscurity in the Law, and how we might mitigate them.’

Full speech

Courts and Tribunals Judiciary, 19th April 2018

Source: www.judiciary.gov.uk