Queen’s speech confirms whiplash reform and court modernisation – Law Society’s Gazette

Posted June 22nd, 2017 in bills, courts, electronic filing, news, parliament, personal injuries by tracey

‘Fresh reforms to personal injury claims are back on the agenda following today’s Queen’s speech. The government’s slimmed-down wishlist of legislation includes a Civil Liability Bill to address the ‘compensation culture’ around motor insurance claims.’

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Law Society's Gazette, 21st June 2017

Source: www.lawgazette.co.uk

In re Nortel Networks UK Ltd and related companies (No 2) – WLR Daily

Posted June 21st, 2017 in administrators, courts, expenses, insolvency, jurisdiction, law reports by sally

In re Nortel Networks UK Ltd and related companies (No 2) [2017] EWHC 1429 (Ch)

‘The applicants, the administrators of companies in the same group, were aware of a number of potential claims, which might if established, qualify as administration expenses (“expense claims”), and thereby rank for payment in priority to the claims of unsecured creditors. Neither the Insolvency Act 1986, nor the Insolvency Rules 1986, nor the Insolvency Rules 2016 provided any express mechanism under which an administrator could require expense claims to be asserted by a specific date, or enable him to refuse to deal with claims asserted after that date in the context of a distribution to unsecured creditors. In the absence of any applicable statutory scheme, the administrators applied to the High Court for directions under paragraph 63 of Schedule B1 to the 1986 Act to implement a scheme informing potential claimants that any expense claims which had not yet been made had to be notified to the administrators on a prescribed form on or before a specified date.’

WLR Daily, 16th June 2017

Source: www.iclr.co.uk

The UK Jurisdictions After 2019 – Sir Geoffrey Vos, Chancellor of the High Court

The UK Jurisdictions After 2019 (PDF)

Sir Geoffrey Vos, Chancellor of the High Court

Lecture to the Faculty of Advocates, 20th June 2017

Source: www.judiciary.gov.uk

English courts’ willingness to uphold parties’ choice of law provides certainty in Brexit world, says expert – OUT-LAW.com

‘A Court of Appeal decision upholding the parties’ choice to use English law under a swap agreement will provide some relief to financial firms despite the ongoing uncertainty around the UK’s decision to leave the EU, an expert has said.’

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OUT-LAW.com, 21st June 2017

Source: www.out-law.com

Life support must continue for baby at centre of legal battle – The Guardian

Posted June 20th, 2017 in children, courts, human rights, medical treatment, news by sally

‘Doctors have been told to continue providing life-support treatment to a terminally ill baby at the centre of a high-profile legal battle for another three weeks – to give judges at the European court of human rights time to analyse the case.’

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The Guardian, 19th June 2017

Source: www.theguardian.com

The Lord Slynn Memorial Lecture by Sir Terence Etherton, Master of the Rolls: The Civil Court of the Future – Judiciary of England and Wales

Posted June 15th, 2017 in civil justice, courts, internet, judges, speeches by sally

The Lord Slynn Memorial Lecture by Sir Terence Etherton, Master of the Rolls: The Civil Court of the Future

Judiciary of England and Wales, 15th June 2017

Source: www.judiciary.gov.uk

European court to decide whether to hear more evidence on ill baby – The Guardian

Posted June 13th, 2017 in appeals, children, courts, human rights, medical treatment, news by sally

‘The European court of human rights is due to decide on Tuesday whether it will hear legal arguments from the family of a severely ill baby who want him to be sent to the US for treatment.’

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The Guardian, 13th June 2017

Source: www.theguardian.com

Rule 44. 11 – Court’s powers in relation to misconduct – 4 KBW

‘Part 44 of the Civil Procedure (Amendment) Rules 2013 (SI 2013/262) was re-enacted on 1st April 2013 and concerns the court’s powers in relation to misconduct. incur Where a party (a) fails to comply with a court rule in assessment or summary proceedings, or (b) acts unreasonably or improperly before or during proceedings the court may disallow all or part of the costs which are being assessed or order the party at fault or that party’s legal representative to pay costs which that party or legal representative has caused any other party to incur. The misconduct extends to the legal representative of a party as well as to the party personally and includes both summary assessment and detailed assessment proceedings and refers to any failure to comply with the provisions of Part 47 and any direction, rule, practice direction or court order.’

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4 KBW, 2nd June 2017

Source: www.4kbw.net

Recovering costs – helpful hints (private law) – Local Government Lawyer

‘James E. Petts sets out some key considerations for local authorities looking to recover their costs.’

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Local Government Lawyer, 9th June 2017

Source: www.localgovernmentlawyer.co.uk

Calling time – Counsel

Posted June 9th, 2017 in company law, courts, jurisdiction, limitations, news, time limits by sally

‘The law on limitation directions – a useful tool for junior litigators attempting to restore companies to the register – has finally been anchored down by the courts. Ben Harding reports on the practical effect.’

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Counsel, June 2017

Source: www.counselmagazine.co.uk

Interviewing a ward of court – UK Police Law Blog

Posted June 5th, 2017 in consent, courts, news, police, police interviews, practice directions, wardship by tracey

‘The judgment in Re Ward of Court [2017] EWHC 1022 (Fam) answers with a resounding “no”, the question of whether the court’s consent is required before the police can interview a ward of court. A simple point, one might think, but there was, according to Sir James Munby, President of the Family Division, a “startling lack of clarity in the law” on this issue.’

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UK Police Law Blog, 4th June 2017

Source: ukpolicelawblog.com

The Bar Council invites the adoption of a new Court Sitting Hours’ Protocol – The Bar Council

Posted June 5th, 2017 in barristers, courts, news, tribunals, women by tracey

‘The Bar Council invites the adoption of a new Court Sitting Hours’ Protocol.’

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The Bar Council, 1st June 2017

Source: www.barcouncil.org.uk

Outcry over proposals for late night and early morning court sittings – The Guardian

Posted June 1st, 2017 in barristers, courts, legal profession, news, pilot schemes, solicitors by sally

‘Plans to launch a pilot programme of flexible early morning and evening courts from next month are encountering growing opposition from lawyers.’

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The Guardian, 31st May 2017

Source: www.theguardian.com

Online courts take the stage – New Law Journal

Posted May 31st, 2017 in civil procedure rules, courts, electronic filing, news by sally

‘Masood Ahmed & Claire Pennells consider pre-action protocols & the Briggs online court.’

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New Law Journal, 19th May 2017

Source: www.newlawjournal.co.uk

Specialised court encourages boom in IP cases – Law Society’s Gazette

‘Small and medium-sized enterprises are continuing to use the UK’s specialised intellectual property court despite having more options available for flexible trials, figures have shown.’

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Law Society’s Gazette, 23rd May 2017

Source: www.lawgazette.co.uk

Mercantile courts to trial fixed costs from later this year – OUT-LAW.com

Posted May 24th, 2017 in civil procedure rules, costs, courts, judges, news, pilot schemes by sally

‘A fixed costs pilot scheme could get underway in the mercantile courts by the end of this year, according to minutes from recent meetings of the Civil Procedure Rules Committee (CPRC).’

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OUT-LAW.com, 23rd May 2017

Source: www.out-law.com

Judges’ intervention prompts video-link rethink for youth cases – Law Society’s Gazette

Posted May 15th, 2017 in courts, judges, live link evidence, news, young persons by sally

‘A senior judge has shed light on the push by the government to conduct court proceedings via video despite widespread concerns.’

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Law Society’s Gazette, 12th May 2017

Source: www.lawgazette.co.uk

Jackson backs cost capping for Mercantile Court pilot – Litigation Futures

Posted April 13th, 2017 in costs, courts, news, pilot schemes by sally

‘Lord Justice Jackson has chosen cost capping, rather than fixed costs, as the way forward for a voluntary pilot he hopes to introduce in the Mercantile Court, as the judge continues to investigate the possible extension of fixed recoverable costs.’

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Litigation Futures, 13th April 2017

Source: www.litigationfutures.com

You’ve got bail: judge lets lawyer off over beeping phone – The Guardian

Posted April 7th, 2017 in courts, internet, judiciary, news, telecommunications by tracey

‘The sudden trilling of a mobile phone amid the solemn atmosphere of a court hearing often leads to stern glances from the bench and cringing embarrassment from the offender. But Mr Justice Holman, one of the longest-serving high court judges in England and Wales, responded to an electronic interruption from one lawyer’s device in the family court on Thursday with compassionate forbearance.’

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The Guardian, 6th April 2017

Source: www.guardian.co.uk

The more things change, the more they stay the same – Hardwicke Chambers

‘Every time we think the courts might have given defendants in adjudication enforcement proceedings slightly more latitude in raising their dissatisfaction with an adjudicator’s decision, the court brings us back down to earth with a bump and reminds us that, in fact, no matter how hard done by our clients feel, they will have to “pay now and argue later”, save in the rarest of cases.’

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Hardwicke Chambers, 27th March 2017

Source: www.hardwicke.co.uk