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.’

Full story

Nearly Legal, 13th November 2015

Source: www.nearlylegal.co.uk

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

Source: www.iclr.co.uk

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.’

Full story

The Guardian, 11th November 2014

Source: www.guardian.co.uk

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

Source: www.littletonchambers.com

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

Source: www.independent.co.uk

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

Source: www.nipclaw.blogspot.co.uk

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.”

Full story

Ministry of Justice, 19th March 2012

Source: www.justice.gov.uk

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

Source: www.4newsquare.com

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

Source: www.iclr.co.uk

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.”

Full story

Law Society’s Gazette, 13th February 2012

Source: www.lawgazette.co.uk

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

Source: www.lawgazette.co.uk

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

Source: www.iclr.co.uk

Government consults on case value ceiling for Patents County Court – OUT-LAW.com

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

OUT-LAW.com, 1st November 2010

Source: www.out-law.com

Top judge Lord Justice Goldring wants to save 34 courts – BBC News

Posted October 22nd, 2010 in budgets, county courts, magistrates, news by sally

“The senior presiding judge for England and Wales has said he cannot back the closure of 18 of the 103 magistrates’ courts earmarked for closure.”

Full story

BBC News, 21st October 2010

Source: www.bbc.co.uk

Salford City Council v Mullen; Hounslow London Borough Council v Hall; Leeds City Council v Hall: Birmingham City Council v Frisby: Manchester City Council v Mushin (Secretary of State for Communities and Local Government intervening) – WLR Daily

Posted April 8th, 2010 in appeals, county courts, housing, law reports, local government, repossession by sally

Salford City Council v Mullen: Hounslow London Borough Council v Hall; Leeds City Council v Hall; Birmingham City Council v Frisby; Manchester City Council v Mushin (Secretary of State for Communities and Local Government intervening) [2010] EWCA Civ 336; [2010] WLR (D) 91

 “Guidance for county courts hearing applications for possession orders by local authority landlords of non-secure tenancies where the occupier, being an introductory tenant or a homeless person housed by the local authority, sought to challenge the local authority’s decision to recover possession as an improper exercise of its powers at common law on the ground that it was a decision that no reasonable person would consider justifiable.”

WLR Daily, 7th April 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

County court anti-social behaviour co-ordinators – a pilot scheme – Ministry of Justice

Posted August 5th, 2008 in ASBOs, county courts, reports by sally

” A report assessing the role of county court anti-social behaviour co-ordinators under a scheme piloted for a year.

The study investigates perceptions of the effectiveness of the pilot scheme in enhacing relationships between courts and their users, and improving the processing of anti-social behaviour-related cases. It also discusses the views of housing and legal professionals involved with anti-social behaviour proceedings, as well as the views of the co-ordinators themselves.”

County court anti-social behaviour co-ordinators – a pilot scheme (PDF)

Ministry of Justice, 5th August 2008

Source: www.justice.gov.uk

County Courts – BBC News

Posted July 22nd, 2008 in county courts, special report by sally

“With the misery of mortgage repossession returning to haunt us Law In Action visits the courts where these devastating dramas are played out.”

Full story

BBC Law in Action, 22nd July 2008

Source: www.bbc.co.uk