Wait time for county court trials reaches new all-time high – Legal Futures

Posted December 6th, 2022 in coronavirus, county courts, delay, news, reports, statistics by sally

‘The time between issue and trial for fast- and multi-track claims has now exceeded 75 weeks, the longest this century, according to the latest government figures.’

Full Story

Legal Futures, 6th December 2022

Source: www.legalfutures.co.uk

Almost 75,000 defendants awaiting crown court trial, says head of CPS – The Guardian

‘The head of the Crown Prosecution Service has warned that cutting its budget would have a “catastrophic” impact on the backlog in the crown courts, as he revealed that almost 75,000 defendants were awaiting trial at the end of last month.’

Full Story

The Guardian, 1st November 2022

Source: www.theguardian.com

On credibility and penalties – Nearly Legal

Posted November 1st, 2022 in county courts, deposits, landlord & tenant, news, penalties by sally

‘A county court deposit penalty claim judgment, but well worth noting because a) a Circuit Judge decision by HHJ Luba KC, b) there are some broader points in application , and c) well it is quite the case.’

Full Story

Nearly Legal, 30th October 2022

Source: nearlylegal.co.uk

On credibility and penalties – Nearly Legal

Posted October 31st, 2022 in county courts, deposits, housing, landlord & tenant, limitations, news, time limits by tracey

‘Lowe v Charterhouse (2022) EW Misc 8 (CC). A county court deposit penalty claim judgment, but well worth noting because a) a Circuit Judge decision by HHJ Luba KC, b) there are some broader points in application , and c) well it is quite the case.’

Full Story

Nearly Legal, 30th October 2022

Source: nearlylegal.co.uk

Time taken to get civil cases to trial reaches all-time high – Legal Futures

‘The time between issue and trial for fast- and multi-track claims has hit 75 weeks, the longest this century, according to government figures published yesterday.’

Full Story

Legal Futures, 2nd September 2022

Source: www.legalfutures.co.uk

Judge calls for guidance on rights of unqualified agency advocates – Legal Futures

Posted June 10th, 2022 in advocacy, barristers, county courts, law firms, news, solicitors by sally

‘County court judges would benefit from “more authoritative guidance” from the higher courts on whether unqualified solicitor’s agents have rights of audience, a circuit judge has said.’

Full Story

Legal Futures, 10th June 2022

Source: www.legalfutures.co.uk

Paper-only small claims pilot “likely to do injustice” to litigants – Legal Futures

Posted May 24th, 2022 in county courts, litigants in person, news, pilot schemes, small claims by sally

‘A pilot scheme that will see small claims cases determined on the paper in six county courts from next month is “likely to do injustice” to litigants, an academic has argued.’

Full Story

Legal Futures, 24th May 2022

Source: www.legalfutures.co.uk

MoJ denies new pilot scheme removes right to a trial – Law Society’s Gazette

Posted May 16th, 2022 in county courts, Ministry of Justice, news, pilot schemes, small claims, trials by tracey

‘The Ministry of Justice has denied it is removing litigants’ right to a trial – despite testing a new scheme where judges can resolve cases before a hearing without the consent of both parties.’

Full Story

Law Society's Gazette, 13th May 2022

Source: www.lawgazette.co.uk

People left out of pocket by traders say UK county court system ‘unfit for purpose’ – The Guardian

Posted May 3rd, 2022 in county courts, debts, enforcement, judgments, news, small claims by sally

‘Customers say judgments against firms lead nowhere and compound their misery.’

Full Story

The Guardian, 2nd May 2022

Source: www.theguardian.com

Leasehold assortment – Nearly Legal

‘Some quick notes on leasehold related cases.’

Full Story

Nearly Legal, 12th December 2021

Source: nearlylegal.co.uk

A tale of two judges – Law Society’s Gazette

Posted October 11th, 2021 in coronavirus, county courts, judges, landlord & tenant, leases, news, rent by sally

‘Solicitors often warn clients that the views of the judge can make a difference to the outcome of their case, especially at first instance. Two county court judgments on the issue of whether a commercial lease renewed under the Landlord and Tenant Act 1954 should contain a ‘Covid clause’ are the perfect illustration of this.’

Full Story

Law Society's Gazette, 11th October 2021

Source: www.lawgazette.co.uk

County court order against Boris Johnson struck out – BBC News

‘Boris Johnson no longer has a county court judgement against him after his lawyers sought to strike out a claim for a £535 debt for alleged defamation.’

Full Story

BBC News, 13th May 2021

Source: www.bbc.co.uk

Who has jurisdiction and under what circumstances? – Falcon Chambers

‘This paper deals with one of life’s big questions: “why are we here?”, albeit the “here” refers to one or more of the County Court, the First Tier Tribunal and the Upper Tribunal (Lands Chamber), and sometimes two of them at the same time.’

Full Story

Falcon Chambers, 2nd November 2020

Source: www.falcon-chambers.com

Court corrects gaffe which allowed ex-husband to stop payments – Law Society’s Gazette

Posted November 16th, 2020 in county courts, divorce, families, financial provision, litigants in person, news by sally

‘A court has permitted the correction of an order which accidentally allowed a husband to stop making payments to his ex-wife.’

Full Story

Law Society's Gazette, 16th November 2020

Source: www.lawgazette.co.uk

Courts backlog ‘tipping point’ for justice system – BBC News

Posted October 30th, 2020 in coronavirus, county courts, criminal justice, delay, news, trials by sally

‘The number of criminal cases waiting to be dealt with by Crown Courts threatens to overwhelm the justice system in England and Wales, a study suggests.’

Full Story

BBC News, 30th October 2020

Source: www.bbc.co.uk

Getting the Court to Hear Your Case During the Pandemic – 3PB

Posted May 19th, 2020 in adjournment, coronavirus, county courts, lists, news, remote hearings by sally

‘The county court has responded rapidly to the sudden and unprecedented change to its working practices. However, the move to remote hearings has brought a marked decline in the retention of existing listings. Many litigants have found their hearings adjourned by the court even when those hearings were, on the face of it, suitable for hearing remotely.’

Full Story

3PB, 12th May 2020

Source: www.3pb.co.uk

Not signed, not sealed, not delivered – Nearly Legal

‘A first instance county court judgment on a possession claim, but with a range of interesting issues. The Ratcliffes were the landlords, Ms Patterson was the tenant and Mr Porter a guarantor, who played no part in proceedings. The tenancy was an assured shorthold tenancy with the most recent fixed term beginning in June 2018. Rent arrears accrued (on which more later) and the Ratcliffes brought a claim for possession under grounds 8, 10 and 11 Schedule 2 Housing Act 1988.’

Full Story

Nearly Legal, 26th April 2020

Source: nearlylegal.co.uk

Court of Appeal’s judgment in the case of James v Hertsmere Borough Council: What does it mean for jurisdiction of County Court? – Garden Court Chambers

‘Today [2 April] the Court of Appeal handed down judgment in James v Hertsmere Borough Council [2020] EWCA Civ 489. The judgment answered a question that has been troubling homelessness lawyers for several years now: does the County Court have jurisdiction, when hearing homelessness appeals, to consider challenges to councils’ ‘contracting-out’ processes?’

Full Story

Garden Court Chambers, 2nd April 2020

Source: www.gardencourtchambers.co.uk

Holding and Management (Solitaire) Limited v Leslie Stafford Miller [2019] UKUT 402 (LC) – Tanfield Chambers

‘The FTT improperly purported to determine matters which it had no statutory authority to do so on the basis of the generality of the County Court’s order transferring the matter to it.’

Full Story

Tanfield Chambers, 2nd April 2020

Source: www.tanfieldchambers.co.uk

Is a Section 8 notice on rent arrears a demand for rent? – Nearly Legal

‘I have kindly been sent a couple of county court Circuit Judge decisions on the issue of whether section 8 notices (where the ground is rent arrears) have to comply with the requirements of section 47 Landlord and Tenant Act 1987 by the inclusion of the landlord’s name and address. They reach contradictory conclusions, leaving open an issue to be resolved by a higher court, and a further issue for first instance courts.’

Full Story

Nearly Legal, 8th March 2020

Source: nearlylegal.co.uk