Court lets late solicitors off hook – but don’t expect more ‘indulgence’ – Law Society’s Gazette

Posted October 8th, 2021 in civil procedure rules, documents, news, service, solicitors, time limits by tracey

‘ The High Court has shown a rare act of mercy to lawyers who filed documents late without checking to see if their opponents would accept email service. In Citysprint UK Ltd v Barts Health NHS Trust Mr Justice Fraser stressed that the particular circumstances were unusual and that his ruling should not be interpreted as the court being “indulgent” to failures of compliance.’

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Law Society's Gazette, 7th October 2021

Source: www.lawgazette.co.uk

Service of documents in civil proceedings: A lesson in getting it right – Local Government Lawyer

Posted September 13th, 2021 in case management, civil procedure rules, documents, news, service, time limits by tracey

‘Lynsey Oakdene and Kathryn Vickers highlight a recent judicial review case in which the claim form was set aside because it was served late and the court declined to exercise its case management powers.’

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Local Government Lawyer, 11th September 2021

Source: www.localgovernmentlawyer.co.uk

Judge warns parties to expect sanctions for incorrect e-bundles – Legal Future

Posted August 10th, 2021 in case management, documents, electronic filing, news, sanctions by sally

‘Judges’ patience with parties that fail to prepare electronic bundles with consistent page numbering is over and they can expect sanctions, the High Court has warned.’

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Legal Futures, 10th August 2021

Source: www.legalfutures.co.uk

Judge refuses plea from litigant in person for free hard copy bundle – Law Society’s Gazette

‘The High Court has ruled out giving a litigant in person a free hard copy of the bundle prepared for two forthcoming trials, with the judge noting that parties do not necessarily need to have equal resources.’

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Law Society's Gazette, 24th June 2021

Source: www.lawgazette.co.uk

Malleable memory and the reliability of witness evidence in a digital age – Litigation Futures

Posted June 22nd, 2021 in artificial intelligence, documents, evidence, news, witnesses by sally

‘One of the topics explored by a recent panel of international experts at London International Disputes Week was the malleability (and thus fallibility) of human memory and the resultant impact on reliable witness evidence.’

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Litigation Futures, 22nd June 2021

Source: www.litigationfutures.com

Documents privileged despite ‘element of deception’ – Law Society’s Gazette

Posted June 10th, 2021 in disclosure, documents, misrepresentation, negligence, news, privilege by sally

‘The High Court has ruled that a litigant’s legal documents must remain privileged despite it being accepted they were part of an information-gathering deception.’

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Law Society's Gazette, 9th June 2021

Source: www.lawgazette.co.uk

English court has ‘broad jurisdiction’ to grant access to documents – OUT-LAW.com

‘A recent decision by the High Court of England and Wales highlights the breadth of its jurisdiction to grant access to documents that have been referred to in a public hearing, according to experts at Pinsent Masons, the law firm behind Out-Law.’

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OUT-LAW.com, 25th May 2021

Source: www.pinsentmasons.com

Non-party access to court documents – OUT-LAW.com

Posted May 21st, 2021 in chambers articles, courts, documents, news by tracey

‘People or organisations who are not a party to a piece of litigation (non-parties) in England and wales can obtain copies of some documents relating to civil proceedings that are held at court. Depending on the type of document requested, the permission of the court may be required. Until fairly recently, the matter had received only limited consideration in Scotland, however, the position there appears to be similar although there are fewer court rules covering the situation and much will depend on the nature of the document sought and the identity of the party seeking it.’

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OUt-LAW.com, 20th May 2021

Source: www.pinsentmasons.com

Rent Repayment Order and legal costs – Nearly Legal

Posted May 10th, 2021 in costs, documents, housing, landlord & tenant, licensing, news, rent by tracey

‘Leibel v Baird CHI/29UC/HMF/2020/0035 (4 May 2021). This was an application for a rent repayment order in respect of an unlicensed property. Unusually, it also featured a rule 13 costs application by the tenant.’

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Nearly Legal, 9th May 2021

Source: nearlylegal.co.uk

Judge criticises solicitors for sending him letter during trial – Litigation Futures

‘A High Court judge has criticised solicitors who sent him a letter during a trial trying to explain points that had arisen during cross-examination.’

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Litigation Futures, 6th May 2021

Source: www.litigationfutures.com

Windrush scandal: Concern over wait for compensation – BBC News

‘Campaigners say they are concerned about the low number of compensation payments to victims of the Windrush scandal.’

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BBC News, 4th May 2021

Source: www.bbc.co.uk

Proposals to allow electronic documents would revolutionise trade – Law Commission

‘The Law Commission has announced a consultation on proposals to allow for the legal recognition of electronic versions of documents such as bills of lading and bills of exchange. If implemented, the reforms could revolutionise global trade and bring the processes into the 21st Century. We are also considering reform of the legal treatment of cryptoassets and digital assets and today published a call for evidence as part of that process (see below).’

Full press release

Law Commission, 30th April 2021

Source: https://www.lawcom.gov.uk/proposals-to-allow-electronic-documents-would-revolutionise-trade/

Call for work to make consumer-facing legal documents more intelligible – Legal Futures

‘Lawyers need to make consumer-facing legal documents more engaging, and regulators and industry should consider measures to ensure they are intelligible, a report has recommended.’

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Legal Futures, 19th April 2021

Source: www.legalfutures.co.uk

Children: Public Law Update (March 2021) – Family Law Week

‘John Tughan QC of 4PB considers the latest judgments that Public law child lawyers need to know about.’

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Family Law Week, 24th March 2021

Source: www.familylawweek.co.uk

Judge allows use of documents shared by mistake – Law Society’s Gazette

Posted March 23rd, 2021 in disclosure, documents, evidence, news, privilege, solicitors, witnesses by sally

‘A High Court judge has granted defendants permission to use documents inadvertently shared by the claimants’ solicitors before trial.’

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Law Society's Gazette, 22nd March 2021

Source: www.lawgazette.co.uk

Court allows defendants to use statements disclosed by mistake – Litigation Futures

Posted March 22nd, 2021 in disclosure, documents, evidence, news, privilege, solicitors, witnesses by tracey

‘The High Court has granted permission to defendants to use the contents of four otherwise privileged witness statements which were disclosed by the claimants’ solicitors by mistake.’

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Litigation Futures, 22nd March 2021

Source: www.litigationfutures.com

Police will not launch criminal investigation into Martin Bashir’s interview with Princess Diana – The Independent

Posted March 5th, 2021 in BBC, deceit, documents, inquiries, media, news, police, professional conduct, royal family by tracey

‘The Metropolitan Police will take no further action over BBC journalist Martin Bashir’s controversial interview with Princess Diana in 1995.’

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The Independent, 4th March 2021

Source: www.independent.co.uk

M (A Child): Live streaming from the Court of Appeal on Thursday 4th March – Should a journalist be able to see the court documents behind a flawed decision that a child needed adoption? – Transparency Project

‘This is a short blog to introduce the people and issues, and explain the lead up, ahead of the live-streamed appeal in M (A Child) tomorrow. It aims to give non lawyers a bit of orientation and some links when tuning in to the court of appeal proceedings.’

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Transparency Project, 3rd March 2021

Source: www.transparencyproject.org.uk

New Requirements for Witness Statements – 3 Hare Court

Posted February 25th, 2021 in documents, news, practice directions, witnesses by sally

‘From 6 April 2021, a new regime for witness statements in the Business and Property Courts will come into force. Practice Direction 57AC will introduce significantly tighter requirements that will apply to all trial witness statements signed on or after 6 April 2021, including those in claims that have already been issued.’

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3 Hare Court, February 2021

Source: 3xuhxi1g279p1z966c3knla6-wpengine.netdna-ssl.com

Council secures injunction against man who circumvented redaction in child protection papers – Local Government Lawyer

‘The London Borough of Lambeth has won a final injunction against a man who was able to remove a redaction on papers concerning child welfare.’

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Local Government Lawyer, 11th February 2021

Source: www.localgovernmentlawyer.co.uk