Surge in work for the county courts includes rise in personal injury claims – Litigation Futures

Posted September 21st, 2017 in county courts, news, personal injuries, reports, statistics by sally

‘There was a big increase in all kinds of work at the county courts in the first quarter of this year, according to new figures from the Ministry of Justice (MoJ).’

Full Story

Litigation Futures, 21st September 2017


Debt fears grow as county court judgments soar by 35% – The Guardian

Posted May 16th, 2017 in consumer credit, county courts, debts, enforcement, news by sally

‘Nearly 300,000 debt judgments were filed against individuals in English and Welsh county courts in the first three months of 2017, the highest quarterly figure for more than 10 years.’

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The Guardian, 15th May 2017


Sharp rise in county court judgments against consumers – The Guardian

Posted February 7th, 2017 in consumer credit, county courts, debts, news by sally

‘The number of county court judgments (CCJs) registered against consumers has hit a record high, according to official figures that show that an increasing number of people will have problems getting a mortgage, credit card or bank account in the future.’

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The Guardian, 6th February 2017


Bar Council blames court fee rises for fall in CCJs – Litigation Futures

Posted August 30th, 2016 in barristers, county courts, courts, fees, news, statistics by sally

‘There was a 19% fall in the number of debt judgments against businesses in England and Wales during the first six months of 2016, which the Bar Council says is evidence of the negative impact of rising court fees.’

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Litigation Futures, 25th August 2016


Appeal judges rule on remedy for discrimination in student work placements – Local Government Lawyer

Posted July 1st, 2016 in appeals, county courts, jurisdiction, news, sex discrimination by tracey

‘The Court of Appeal has filled a gap in employment law governing student work placements. It found that legislation left university and college students no remedy if they suffered discrimination during their vocational training placements.’

Full story

Local Government Lawyer, 1st July 2016


From the County Courts – deposits, evictions and introductory tenancies – Nearly Legal

‘Some county court cases reported in the indispensable ‘Housing: Recent Developments’ in Legal Action for May 2016. Cases involve introductory tenancies, deposits, harassment and illegal eviction.’

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Nearly Legal, 12th June 2016


Handley and another v Luke Jackson Solicitors (a firm); Lopes v Croydon London Borough Council; Christie Owen & Davies Ltd v Awan and another – WLR Daily

Handley and another v Luke Jackson Solicitors (a firm); Lopes v Croydon London Borough Council; Christie Owen & Davies Ltd v Awan and another [2016] EWCA Civ 465

‘Where the County Court has made a decision on appeal from a district judge or deputy district judge the position as to an appeal from the County Court’s decision is as follows. (i) If the County Court has heard the appeal and ruled on the issues determined by the district judge (including the validity or otherwise of the claims, the relief to be granted and the costs of the hearing before the district judge) then, by virtue of article 5 of the Access to Justice Act 1999 (Destination of Appeals) Order 2000, any appeal will lie only to the Court of Appeal. Permission must be sought from the Court of Appeal, pursuant to CPR r 52.13, and the second appeal test, set out in section 55(1) of the Access to Justice Act 1999, will apply. (ii) In respect of the costs of the appeal to the County Court, any appeal will lie to the Court of Appeal, pursuant to article 5 of the 2000 Order, but the second appeal test will not apply. (iii) It would be open to the County Court judge to grant permission to appeal to the Court of Appeal in respect of the costs of the appeal to the County Court and the normal test for permission will apply. It would also be open to the Court of Appeal to grant permission applying the same test. (iv) If there has not been what can properly be regarded as a hearing of the appeal, any appeal (which is almost certainly to be one on costs) is to the High Court judge and the normal test will apply (paras 34, 41–42, 44–47, 51, 52, 54, 55).’

WLR Daily, 24th May 2016


Eviction and High Court Enforcement – Nearly Legal

Posted November 13th, 2015 in county courts, enforcement, news, repossession, transfer of proceedings by tracey

‘A couple of recent cases have highlighted the issues involved in transferring County Court possession orders to the High Court for enforcement by High Court Enforcement Officers.’

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Nearly Legal, 13th November 2015


Patel v Mussa – WLR Daily

Posted May 11th, 2015 in appeals, county courts, human rights, jurisdiction, law reports by sally

Patel v Mussa [2015] EWCA Civ 434; [2015] WLR (D) 195

‘There was no justification for extending the residual appellate jurisdiction of the Court of Appeal to encompass decisions of the county court which were alleged to breach article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms since appropriate forms of procedure existed by which a suitable remedy could be obtained.’

WLR Daily, 29th April 2015


Disabled man forced off bus by refusal to move pram sparks equality test case – The Guardian

‘A woman’s refusal to move a pushchair with a sleeping baby from a bay on a bus used by wheelchair passengers – causing a disabled man to have to leave the vehicle – is at the centre of a test-case legal battle in the court of appeal.’

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The Guardian, 11th November 2014


The County Court challenge: a practical view from the Bar – Littleton Chambers

Posted May 12th, 2014 in civil procedure rules, county courts, damages, equity, jurisdiction, news by sally

‘Given the continued attention commanded by the stream of relief from sanctions decisions and the implementation of the Jackson reforms, it is unsurprising that the secondary legislation that brought into force section 17 of the Crime and Courts Act 2013, and which made related changes to the CPR (see Legal update, The Civil Procedure (Amendment) Rules 2014 published), passed by relatively unnoticed. It would, however, be a mistake not to note the significant changes to the County Court and its jurisdiction. These will throw up significant practical issues for the courts themselves and, in some regions more than others, will create a number of tactical dilemmas for litigators.’

Full story (PDF)

Littleton Chambers, 7th May 2014


Court closures spark fears of ‘justice deserts’ in rural areas – The Independent

Posted April 22nd, 2014 in county courts, courts, magistrates, news by sally

‘Dozens of the 500 courts in England and Wales are to be shut down under a £75m-a-year Ministry of Justice reform programme, fuelling fears that rural areas will become “deserts” of justice.’

Full story

The Independent, 20th April 2014


Success Fees and ATE Premiums in the Patents County Court: Henderson v All Around the World Recordings Ltd – NIPC Law

Posted May 7th, 2013 in civil procedure rules, costs, county courts, fees, insurance, news, patents by sally

“As I mentioned in “Intellectual Property Litigation – the Funding Options” 10 April 2013, it was possible until the 31 March 2013 for a litigant to enter an agreement with his or her solicitors and counsel known as a conditional fee agreement (‘CFA’) whereby the lawyers would look to the other side for payment not only of their assessed costs but also of an uplift known as a success fee and the premium for insurance against their own and the other side’s costs in case of failure known as after-the-event (‘ATE’) insurance if they won the case or obtained a satisfactory settlement. As I also mentioned in that article, it is still possible to enter a CFA but any success fee and ATE insurance premium must now be paid by the successful party – usually out of any damages or accountable profits he or she may receive.”

Full story

NIPC Law, 4th May 2013


County Court money claim service launched – Ministry of Justice

Posted March 20th, 2012 in claims management, county courts, news by sally

“From today all designated money claims in civil cases in England and Wales will be dealt with at one business centre. The centre will be supported by a dedicated contact team that deal with all telephone queries relating to claims.”

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Ministry of Justice, 19th March 2012


Court of Appeal decides interest on costs argument – 4 New Square

Posted February 20th, 2012 in costs, county courts, interest, local government, news by sally

“This morning (16th February 2012) the Court of Appeal handed down judgment in the case of Simcoe v Jacuzzi Group UK PLC. The case is, in effect, the appeal against HHJ Stewart QC’s judgment in Gray v Toner (Liverpool County Court, 11th November 2010) and provides the answer to the questions which have bedevilled detailed assessments for the last 18 months or so – from what date does interest on costs usually run and does the fact the Claimant was on a CFA provide a reason to not award interest until the costs are assessed”

Full story (PDF)

4 New Square, 16th February 2012


Simcoe v Jacuzzi UK Group plc – WLR Daily

Posted February 20th, 2012 in civil procedure rules, costs, county courts, interest, law reports by sally

Simcoe v Jacuzzi UK Group plc [2012] EWCA Civ 137; [2012] WLR (D) 35

“The date from which interest ran on an award of costs in the county court in favour of a successful litigant was, by reason of article 2 of the County Court (Interest on Judgment Debts) Order 1991, the date the order for costs was made, not the date on which costs were assessed or agreed. The discretion granted in making an award of costs by CPR r 40.8 did not apply and was ineffective in that court.”

WLR Daily, 16th February 2012


County court shake-up plans dubbed a ‘missed opportunity’ – Law Society’s Gazette

Posted February 13th, 2012 in civil justice, county courts, news by sally

“The government has come under fire from all sides of the civil litigation spectrum over its plans to reform the county court system.”

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Law Society’s Gazette, 13th February 2012


More litigants in person will threaten the county courts with additional delays – Law Society’s Gazette

Posted August 18th, 2011 in county courts, litigants in person, news by sally

“The House of Commons’ justice committee, chaired by Sir Alan Beith MP, predicts an increasing number of litigants in person by reason of the government’s curtailment of legal aid. We are told courts must make ‘adjustments’ to cope with this influx ‘in what are often emotionally charged cases’.”

Full story

Law Society’s Gazette, 18th August 2011


Coventry City Council v O and others – WLR Daily

Posted June 24th, 2011 in adoption, county courts, fostering, injunctions, jurisdiction, law reports by sally

Coventry City Council v O and others [2011] EWCA Civ 729; [2011] WLR (D) 205

“Where foster parents issued a notice of intention to adopt a child they were fostering, the local authority retained the power to remove the child from the foster parents’ home to the home either of other foster parents or of prospective adopters, under section 38 of the Adoption and Children Act 2002.”

WLR Daily, 22nd June 2011


Government consults on case value ceiling for Patents County Court –

Posted November 1st, 2010 in consultations, county courts, news, patents by sally

“The Government has published a proposal to limit the value of cases that can be heard by the Patents County Court (PCC) to £500,000. It hopes that the move will reduce the cost of intellectual property (IP) litigation for most companies.”

Full story, 1st November 2010