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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full story

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).’

Full story

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.’

Full story

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.’

Full story

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.’

Full story

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.’

Full story

Hardwicke Chambers, 27th March 2017

Source: www.hardwicke.co.uk

Routine denial of access to court file in procurement claims is wrong: judge – Local Government Lawyer

Posted April 5th, 2017 in confidentiality, courts, documents, judges, news, public procurement by sally

‘A practice where all public procurement claims are being marked on the court file as “private”, so that access to the court file in such cases is being routinely denied, is wrong in principle, the judge in charge of the Technology and Construction Court (TCC) has ruled.’

Full story

Local Government Lawyer, 4th April 2017

Source: www.localgovernmentlawyer.co.uk

English court dismisses ‘international law’ issues in Ukrainian Eurobond case – OUT-LAW.com

‘Questions of international law raised by Ukraine in a dispute with Russia involving overdue Eurobond repayments cannot be dealt with by the English courts, the High Court has ruled.’

Full story

OUT-LAW.com, 4th April 2017

Source: www.out-law.com

BREXIT: UK government seeking time limited power to ‘correct’ post-Brexit statute book – OUT-LAW.com

Posted April 3rd, 2017 in bills, brexit, courts, EC law, legislation, news, parliamentary papers, repeals, time limits by sally

‘The UK government is seeking a time-limited power to “correct the statute book” by way of secondary legislation ahead of the country’s departure from the European Union.’

Full story

OUT-LAW.com, 30th March 2017

Source: www.out-law.com

Bar Council issues warning over plan for extended court sittings – Litigation Futures

Posted March 27th, 2017 in barristers, children, courts, diversity, news, pilot schemes, women by tracey

‘Forthcoming plans for courts to start earlier and finish later will disadvantage barristers with children and do not take account of the cab-rank rule, the Bar Council has warned.’

Full story

Litigation Futures, 24th March 2017

Source: www.litigationfutures.com

Prisons and Courts Bill to improve access to justice and better protect the vulnerable – Ministry of Justice

Posted March 21st, 2017 in bills, civil justice, courts, criminal justice, internet, news, prisons by tracey

‘Plans to revolutionise the courts to make them more straightforward and efficient, and deliver swifter justice for victims.’

Full press release

Ministry of Justice, 20th March 2017

Source: www.gov.uk/government/organisations/ministry-of-justice

Quality must trump convenience in online justice reforms – The Bar Council

Posted March 21st, 2017 in barristers, bills, civil justice, courts, criminal justice, internet, press releases by tracey

‘As the Government presses ahead with plans for online and virtual hearings, the Bar Council has warned that the quality and the reputation of our system of justice must not suffer.’

Full press release

The Bar Council, 20th March 2017

Source: www.barcouncil.org.uk