Mitchell: conjoined appeals – Law Society’s Gazette

‘Practitioners will be conscious of the ridiculous practice that ensued in the lower courts following the ‘guidance’ dispensed by the Court of Appeal in Mitchell v News Group Newspapers [2013] EWCA Civ 1537 as to the operation and application of rule 3.9 of the Civil Procedure Rules – Relief from Sanction.’

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Law Society’s Gazette, 14th July 2014

Source: www.lawgazette.co.uk

Grayling agrees legal aid truce with barristers over complex fraud trials – The Guardian

Posted July 8th, 2014 in barristers, costs, fees, legal aid, Ministry of Justice, news, trials by sally

‘Barristers and the justice secretary, Chris Grayling, have agreed a temporary truce in a dispute that threatened to halt all complex fraud trials. Amid taunts of a government climbdown, the Ministry of Justice has enforced a 30% cut in legal aid fees for what are known as Very High Cost Cases (VHCC) but agreed to make more generous payments at an earlier stage in court proceedings.’

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The Guardian, 8th July 2014

Source: www.guardian.co.uk

Skraba v Regional Court in Nowy Sacz, Poland – WLR Daily

Posted July 8th, 2014 in appeals, costs, extradition, jurisdiction, law reports by sally

Skraba v Regional Court in Nowy Sacz, Poland: [2014] EWHC 2193 (Admin); [2014] WLR (D) 292

‘Section 60(3) of the Extradition Act 2003 gave the High Court power, having dismissed an appeal against an extradition order, to review and, where considered appropriate, to vary any costs order made against the requested person by the first instance court under section 60(1)(a) of the Act.’

WLR Daily, 3rd July 2014

Source: www.iclr.co.uk

New judicial review test “risks undermining rule of law”, peers warn – Litigation Futures

Posted July 7th, 2014 in bills, budgets, costs, judges, judicial review, legal aid, news, rule of law by sally

‘The government’s plan to introduce a stricter test on judicial review outcomes “risks undermining the rule of law”, the House of Lords constitution committee has warned.’

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Litigation Futures, 7th July 2014

Source: www.litigationfutures.com

Court of Appeal takes some of the blame for “misunderstood and misapplied” Mitchell ruling – Litigation Futures

‘The Mitchell ruling has been “misunderstood and is being misapplied by some courts”, the Master of the Rolls said today in issuing more detailed guidance on how it should be used – while also recognising that some of the language used in Mitchell may have contributed to the problems.’

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Litigation Futures, 4th July 2014

Source: www.litigationfutures.com

Court of Appeal sets out 3-stage test for applications for relief from sanctions – Local Government Lawyer

‘The Court of Appeal’s ruling today [4 July] in three linked appeals relating to its its earlier judgment in Mitchell will make civil litigation less adversarial and more co-operative, the Law Society has predicted.’

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Local Government Lawyer, 4th July 2014

Source: www.localgovernmentlawyer.co.uk

Mitchell-Game, Set and Match? – NearlyLegal

‘The eagerly awaited Court of Appeal judgement in Denton & others v TH White Ltd & others was handed down on Friday. Dyson LJ provides a careful methodology on the approach to applications for relief from sanctions under CPR 3.9, with the aim to set to rights the fall-out from the landmark decision of Mitchell v News Group Newspapers Ltd’

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NearlyLegal, 6th July 2014

Source: www.nearlylegal.co.uk

Teenager fined after taking selfie in court – Daily Telegraph

Posted July 3rd, 2014 in contempt of court, costs, fines, news, photography, sentencing, young offenders by sally

‘Joel Norris took a photo of himself and four co-defendants during his trial and uploaded it on to Twitter saying, ‘Lads in the court box lol’.’

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Daily Telegraph, 3rd July 2014

Source: www.telegraph.co.uk

You cannot be serious! Peers call ‘out’ on Government’s judicial review reforms – UK Human Rights Blog

‘Last night saw the House of Lords’ first reaction to the Government’s proposed changes to judicial review as the Criminal Justice and Courts Bill had its second reading. Already dissected at some length in this blog, the proposals have been roundly criticised by both the senior judiciary and the Joint Committee on Human Rights. Consultations responses, including from JUSTICE, expressed concern that the measures appear, by design or coincidence, to undermine the rule of law, inhibit transparency and shield the Government from judicial scrutiny. Two key concerns arise from the Government proposals: restricting access for individuals without substantial means and limiting the courts’ discretion to do justice in the public interest. Yesterday’s debate was robust and eloquent, with former Law Lords joined by bishops and backbenchers alike to condemn the new measures.’

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UK Human Rights Blog, 1st July 2014

Source: www.ukhumanrightsblog.com

Man awarded just £5 damages against police after court rules detention breached his rights – Daily Telegraph

Posted July 2nd, 2014 in appeals, costs, damages, detention, false imprisonment, news, police by sally

‘Court of Appeal said ‘aggressive and truculent’ man’s initial detention was unlawful and amounted to false imprisonment.’

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Daily Telegraph, 1st July 2014

Source: www.telegraph.co.uk

Hacking trial: Legal battle set to cost taxpayers millions of pounds – The Independent

Posted July 2nd, 2014 in appeals, conspiracy, costs, fees, interception, media, news, privacy, prosecutions by sally

‘A legal battle between Rupert Murdoch’s News UK and England’s prosecuting authorities over the “astronomical” costs of the record-breaking phone hacking trial will involve “millions of pounds of taxpayers’ money”.’

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The Independent, 1st July 2014

Source: www.independent.co.uk

Property mediation in the post-Jackson and the Mitchell world – Hardwicke Chambers

Posted June 26th, 2014 in arbitration, budgets, civil procedure rules, costs, news by sally

‘It has been clear for a while that both politicians and many members of the judiciary have left behind their initial scepticism and now become fervent supporters of formal alternative dispute resolution (ADR) processes, mediation in particular.’

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Hardwicke Chambers, 13th June 2014

Source: www.hardwicke.co.uk

At £100m, phone hacking trial makes history for expense – Daily Telegraph

Posted June 25th, 2014 in conspiracy, costs, interception, news, trials by sally

‘The phone-hacking trial has been one of the most expensive cases in British criminal history, with News International bearing more than half of the expense.’

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Daily Telegraph, 24th June 2014

Source: www.telegraph.co.uk

Americhem Europe Ltd v Rakem Ltd (George Walker Transport Ltd, Part 20 defendant) – WLR Daily

Americhem Europe Ltd v Rakem Ltd (George Walker Transport Ltd, Part 20 defendant) [2014] EWHC 1881 (TCC); [2014] WLR (D) 270

‘A costs draftsman whose only involvement in a case consisted of preparing a costs budget and who did not give any form of legal advice or legally based representation was not a “senior legal representative” for the purposes of paragraph 6 of Practice Direction 3E on Costs Management.’

WLR Daily, 13th June 2014

Source: www.iclr.co.uk

High Court grants relief despite “deliberate and non-trivial” breach – Litigation Futures

Posted June 24th, 2014 in civil procedure rules, costs, news, payment into court, sanctions by sally

‘A High Court judge has granted relief from sanctions despite finding that the non-compliance was non-trivial and deliberate, and that there was some delay in lodging the application for relief – using instead powers to impose conditions on the order.’

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Litigation Futures, 24th June 2014

Source: www.litigationfutures.com

Will Court of Appeal triple-header lead to ‘Mitchell-lite’? – Litigation Futures

Posted June 20th, 2014 in appeals, budgets, case management, civil procedure rules, costs, news by sally

‘A barrister who has led the way in analysing the impact of the Mitchell case has predicted that this week’s hearing of three “trivial breach” cases at the Court of Appeal could pave the way for “Mitchell-lite”.’

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Litigation Futures, 19th June 2014

Source: www.litigationfutures.com

Guilty verdict in former N-Dubz singer Dappy slap case – BBC News

Posted June 19th, 2014 in assault, costs, news, victims by sally

‘Magistrates have found the former N-Dubz singer Dappy guilty of slapping a man outside a nightclub.’

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BBC News, 19th June 2014

Source: www.bbc.co.uk

Regina (N) v Walsall Metropolitan Borough Council – WLR Daily

Regina (N) v Walsall Metropolitan Borough Council [2014] EWHC 1918 (Admin); [2014] WLR (D) 255

‘The capital derived from a personal injury settlement which was managed by a deputy appointed by the Court of Protection had to be disregarded by a local authority when deciding whether the injured person could be required to contribute to the cost of social care services provided by a local authority.’

WLR Daily, 12th June 2014

Source: www.iclr.co.uk

Richard III legal challenge lands taxpayer with £175,000 legal bill – Daily Telegraph

Posted June 17th, 2014 in burials and cremation, costs, judicial review, news, royal family by sally

‘Chris Grayling, the Justice Secretary, criticises a legal bid by distant relatives of King Richard III, whose remains were found buried under a council car park in Leicester.’

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Daily Telegraph, 16th June 2014

Source: www.telegraph.co.uk

Separating divorce and financial disputes – more process than substance – Halsbury’s Law Exchange

Posted June 16th, 2014 in children, costs, divorce, family courts, financial dispute resolution, news by sally

‘Sir James Munby, President of the Family Division has considered in his most recent opinion piece, both his commentary on the bedding down of the recent procedural changes that came in to force on the 22 April 2014, and looking to the future, he has invited Mostyn J and Cobb J to chair a new Financial Remedies Working Group to look at further change.’

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Halsbury’s Law Exchange, 16th June 2014

Source: www.halsburyslawexchange.co.uk