Category: courts

The Equality Act and Regulators – Which Forum? – Littleton Chambers

Posted April 14th, 2016 in appeals, courts, doctors, employment tribunals, equality, news, tribunals by sally

‘Dr Michalak’s name may be familiar to you. She was the doctor who brought a claim against her NHS employer (‘the Trust’) for sex and race discrimination, amongst other matters. Not only did the litigation reveal eye-watering events, it resulted in an eye-watering award of compensation (close to £4.5m) from the Leeds Employment Tribunal (‘ET’). The ET found that there had been a sustained campaign of unlawful conduct by various individuals against Dr Michalak culminating in a sham dismissal and causing post-traumatic stress disorder in Dr Michalak (Michalak v Mid Yorkshire Hospitals NHS Trust and Others [2011] ET 1810815/2008).’

Full story

Littleton Chambers, 24th March 2016

Source: www.littletonchambers.com

European court to consider legality of UK surveillance laws – The Guardian

Posted April 12th, 2016 in bills, courts, EC law, intelligence services, investigatory powers, news by sally

‘The legality of Britain’s surveillance laws will come under the intense scrutiny of 15 European judges on Tuesday in a politically sensitive test case that could limit powers to gather online data.’

Full story

The Guardian, 11th April 2016

Source: www.guardian.co.uk

Susskind: online court is just the beginning – Law Society’s Gazette

Posted April 11th, 2016 in civil justice, courts, dispute resolution, electronic filing, family courts, internet, legal profession, legal representation, litigants in person, news, tribunals by tracey

‘The proposed online court is a “pragmatic first step” on the road to a fully integrated online and conventional court service, an influential body has predicted. Professor Richard Susskind (pictured), who leads a panel of experts on digital dispute resolution, said proposals by Lord Justice Briggs for an online court for small claims were to be welcomed.’

Full story

Law Society’s Gazette, 9th April 2016

Source: www.lawgazette.co.uk

Upholding fundamental rights or ensuring accurate verdicts? The ECtHR and the use of unchallengeable witness evidence – UK Human Rights Blog

Posted April 5th, 2016 in courts, evidence, human rights, news, telecommunications, witnesses by sally

‘The European Court of Human Rights (“ECtHR”) has held that the use of telephone recordings as evidence in a criminal trial, despite the inability of the accused to challenge the caller, did not violate his rights under Article 6, ECHR. This judgment follows a number of Grand Chamber judgments on similar issues that have altered the ECtHR’s stance on the subject of absent witness evidence.’

Full story

UK Human Rights Blog, 4th April 2016

Source: www.ukhumanrightsblog.com

Controversial online court will need careful piloting – CJC – Law Society’s Gazette

Posted March 30th, 2016 in civil justice, courts, electronic filing, internet, judiciary, news, pilot schemes by sally

‘Influential advisory body the Civil Justice Council has urged a measured approach to the adoption of a new online court for civil cases.’

Full story

Law Society’s Gazette, 30th March 2016

Source: www.lawgazette.co.uk

Speech by the Lord Chief Justice: The Bailii Lecture 2016 – Courts and Tribunals Judiciary

Posted March 21st, 2016 in arbitration, banking, Commercial Court, courts, judges, rule of law, speeches by tracey

‘As is well known, the development of the law in England and Wales was effected not only through cases where the claims were brought in the courts, but through claims that were brought in arbitrations. In 1979 (by statute) and 1981 (by Lords Denning and Diplock through an interpretation of that statute), the relationship between the courts and arbitration was changed on the perceived basis that it was damaging the attractiveness of London as a centre for dispute resolution through arbitration.’

Full speech

Courts and Tribunals Judiciary, 18th March 2016

Source: www.judiciary.gov.uk

Speech by Lord Justice Fulford for NPCC: National Criminal Justice Performance Conference – Courts and Tribunals Judiciary

Posted March 17th, 2016 in case management, courts, criminal justice, judges, speeches by tracey

‘Speech by Lord Justice Fulford for NPCC: National Criminal Justice Performance Conference.’

Full speech

Courts and Tribunals Judiciary, 16th March 2016

Source: www.judiciary.gov.uk

Lawyers line up arguments against Online Court – Legal Futures

Posted March 15th, 2016 in barristers, courts, internet, Law Society, legal profession, news, reports, solicitors by sally

‘Responses to Lord Justice Briggs’ recommendation to create an Online Court (OC) have pitted sceptical solicitors and barristers against others who have given the scheme a more generous reception.’

Full story

Legal Futures, 15th March 2016

Source: www.legalfutures.co.uk

Supreme Court learns lessons of IT implementation as it heads towards going paperless – Litigation Futures

Posted March 8th, 2016 in courts, internet, judges, news, speeches, Supreme Court by sally

‘Lord Kerr, the Supreme Court justice, is leading an initiative to improve the use of technology at the court and cut down on paper, it has emerged.’

Full story

Litigation Futures, 7th March 2016

Source: www.litigationfutures.com

Research suggests Family Drug and Alcohol Courts make major savings – Local Government Lawyer

Posted March 8th, 2016 in alcohol abuse, courts, drug abuse, family courts, news, reports by sally

‘Family Drug and Alcohol Courts (FDACs) save the state money, with the London FDAC alone generating estimated gross savings of £1.29m to public sector bodies over five years, research has suggested.’

Full story

Local Government Lawyer, 8th March 2016

Source: www.localgovernmentlawyer.co.uk

The justice system of the future: online continuous hearings and a single point of entry – Legal Futures

Posted March 8th, 2016 in courts, internet, judges, news, speeches, tribunals by sally

‘The first trial of online dispute resolution (ODR) in the UK’s courts and tribunals will introduce a concept known as the “online continuous hearing”, it has emerged, with the Senior President of Tribunals urging a change in perception of litigation from an adversarial dispute to “a problem to be solved”.’

Full story

Legal Futures, 8th March 2016

Source: www.legalfutures.co.uk

Cases taking 19 months to get to appeal court owing to backlogs – The Guardian

Posted March 8th, 2016 in appeals, courts, delay, internet, judges, news, reports by sally

‘Cases are taking up to 19 months to reach trial in the court of appeal because of increasing courtroom backlogs, according to the judge in charge of introducing online justice.’

Full story

The Guardian, 7th March

Source: www.guardian.co.uk

LIBOR case transferred to Financial List despite need for new judge – Litigation Futures

Posted March 1st, 2016 in banking, case management, courts, damages, financial regulation, interest, judges, news by sally

‘A claim against Royal Bank of Scotland (RBS), including allegations of rigging the LIBOR rate, has been transferred to the new Financial List even though the move means bringing in a new judge.’

Full story

Litigation Futures, 1st March 2016

Source: www.litigationfutures.com

Online divorce and probate set for early 2017, Munby says – Legal Futures

Posted March 1st, 2016 in case management, courts, divorce, internet, news, probate, speeches by sally

‘Online divorce and probate are set to be delivered under the courts modernisation programme by early 2017, the president of the Family Division has said.’

Full story

Legal Futures, 1st March 2016

Source: www.legalfutures.co.uk

UK likely to ratify Unified Patent Court after EU referendum – OUT-LAW.com

Posted February 25th, 2016 in courts, intellectual property, international courts, news, patents, referendums by sally

‘UK law makers are not likely to ratify the creation of a new Unified Patent Court (UPC) until after the UK public votes on whether the country should remain a member of the EU, the UK government has confirmed.’

Full story

OUT-LAW.com, 24th February 2016

Source: www.out-law.com

The pints of justice? Could courts cases be heard in pubs? – Daily Telegraph

Posted February 24th, 2016 in budgets, civil justice, Court of Protection, courts, criminal justice, licensed premises, news by sally

‘Lord Chief Justice appears to agree with calls to have cases heard in hotels and pubs as one in five courts are closed.’

Full story

Daily Telegraph, 23rd February 2016

Source: www.telegraph.co.uk

The Unified Patent Court’s approach to interim injunctions will influence businesses’ patent strategies in Europe, say experts – OUT-LAW.com

Posted February 23rd, 2016 in courts, injunctions, intellectual property, international courts, international law, news, patents by sally

‘The ease with which businesses will be able to win interim injunctions to defend against rivals’ infringements of their patents will be influential in determining whether companies engage with the new Unified Patent Court (UPC).’

Full story

OUT-LAW.com, 22nd February 2016

Source: www.out-law.com

Four-year target for ‘digital court’ in England ambitious, but not unworkable, says expert – OUT-LAW.com

Posted February 19th, 2016 in courts, electronic filing, news, small claims by sally

‘An ambitious new report proposes digitising all court processes in England and Wales within four years – but this, as the report itself recognises, will require significant behavioural changes from practitioners if it is to come to fruition.’

Full story

OUT-LAW.com, 18th February 2016

Source: www.out-law.com

UK court approves use of predictive coding as basis for e-disclosure for the first time – OUT-LAW.com

Posted February 19th, 2016 in computer programs, costs, courts, disclosure, documents, news by sally

‘A UK court has approved for the first time the use of predictive coding as a basis for determining which electronic documents are relevant to a dispute.’

Full story

OUT-LAW.com, 18th February 2016

Source: www.out-law.com

Eight Trends and Eight Challenges to the European Court of Human Rights – UK Human Rights Blog

Posted February 18th, 2016 in courts, human rights, news by sally

‘The opening of the Strasbourg Court’s judicial year every January always provides an opportunity for reflection on the themes and challenges which will define the Court’s jurisprudence for the coming year. This year, the theme of the seminar held at the Court to mark that opening was “International and national courts confronting large-scale violations of human rights””. I should like to offer eight predictions as to the other themes which will define the work of the Strasbourg Court this year. Given the Court’s pending caseload is still over 64,000 cases, these predictions are necessarily impressionistic. It will be for readers to judge whether, by this time next year, they have proven accurate.’

Full story

UK Human Rights Blog, 16th February 2016

Source: www.ukhumanrightsblog.com