Re Skeggs Beef Limited [2019] EWHC 2607 (Ch) and SJ Henderson & Company Limited [2019] EWHC 2742 (Ch) – Case Comment – Guildhall Chambers

Posted November 19th, 2019 in electronic filing, floating charges, insolvency, news by sally

‘Two recent decisions have shed yet more light on the “byzantine” system for out of hours appointments. Both confirm that the courts will continue to take a relatively detailed, yet pragmatic, approach to this issue.’

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Guildhall Chambers, 8th November 2019

Source: www.guildhallchambers.co.uk

Cryptoassets and smart contracts valid in English law – Law Society’s Gazette

Posted November 18th, 2019 in computer programs, documents, electronic filing, financial regulation, news by sally

‘Assets and contracts created with blockchain-type encryption technology have validity under existing English law, a high-powered group of legal experts chaired by a senior member of the judiciary reported today.’

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Law Society's Gazette, 18th Novembe 2019

Source: www.lawgazette.co.uk

Tribunal judiciary “most diverse in Europe” – Litigation Futures

‘The tribunal judiciary is not only representative of the British population but “arguably the most diverse judiciary in Europe and perhaps beyond”, the Senior President of Tribunals has said.’

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Litigation Futures, 5th November 2019

Source: www.litigationfutures.com

Court users with limited access to technology at risk of being left behind by court modernisation programme: MPs – Local Government Lawyer

‘Court users with limited access to computers, poor literacy or limited understanding of how the law works could be disadvantaged and potentially left going through a case with no legal advice as a result of the courts and tribunals modernisation programme, MPs have said.’

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Local Government Lawyer, 1st November 2019

Source: www.localgovernmentlawyer.co.uk

Chaotic court system threatens justice for vulnerable, say MPs – The Guardian

‘The most vulnerable in society are at risk of being excluded from access to justice due to poor digital skills, lack of legal advice, court closures and “dilapidated” courthouses, MPs have warned in a damning critique of the government’s modernisation programmes.’

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The Guardian, 31st October 2019

Source: www.theguardian.com

“No more waiting for the ink to dry” Electronic Signatures in Property Transactions – Landmark Chambers

Posted November 1st, 2019 in documents, electronic filing, news, sale of land by sally

‘On 3 September 2019, the Law Commission published its report entitled “Electronic execution of documents” (Law Com No 386). It is a report that is of interest to all lawyers, but is of particular interest to property lawyers, given the extent to which formality requirements apply in the context of property transactions.’

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Landmark Chambers, 17th October 2019

Source: www.landmarkchambers.co.uk

Speech by the Master of the Rolls: Law, Procedure and Language – Civil Justice and Cymru – Courts and Tribunals Judiciary

‘Speech by the Master of the Rolls: Law, Procedure and Language – Civil Justice and Cymru.’

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Courts and Tribunals Judiciary, 16th October 2019

Source: www.judiciary.uk

E-mail footer counted as signature for property contract – Legal Futures

‘A solicitor’s automated email sign-off sufficed as a ‘signature’ for the purposes of a contract involving the disposition of an interest in land, the High Court has ruled.’

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Legal Futures, 30th September 2019

Source: www.legalfutures.co.uk

Majority of care cases continue to miss 26-week deadline – Law Society’s Gazette

‘The average time it takes to conclude care proceedings remains significantly high, according to latest quarterly statistics published today. Figures released by the Ministry of Justice, covering April to June, show that the average time for a care and supervision case to reach first disposal remained the same as it did for January to March – 33 weeks. This is the longest average time since the last quarter of 2013.’

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Law Society's Gazette, 26th September 2019

Source: www.lawgazette.co.uk

Speeches by Sir Ernest Ryder, Senior President of Tribunals: Collaboration, The Governance of Justice – Courts and Tribunals Judiciary

Posted September 24th, 2019 in case management, courts, electronic filing, judiciary, speeches, tribunals by tracey

‘Ombudsman Association Conference – Driving Improvements: Collaboration and Peer Learning (May 2019).’

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‘Society of Legal Scholars – Implementation and Application of the Law: The Governance of Justice (September 2019)’

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Courts and Tribunals Judiciary, 20th September 2019

Source: www.judiciary.uk

Written signatures under threat as law commission backs electronic versions – Daily Telegraph

Posted September 4th, 2019 in electronic commerce, electronic filing, Law Commission, news by sally

‘A 20-month investigation by the Commission into electronic signatures has ruled they are a legally viable alternative to handwritten ones including on deeds from trust documents to powers of attorney, commercial deals, personal financial transactions and across Government.’

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Daily Telegraph, 3rd September 2019

Source: www.telegraph.co.uk

“Too early” to say online court is the future, research warns – Legal Futures

Posted August 9th, 2019 in courts, electronic filing, HM Courts Service, internet, news by tracey

‘There is as yet “no clear answer” to the question of whether an online court will facilitate easier access to the court system, research has found.’

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Legal Futures, 9th August 2019

Source: www.legalfutures.co.uk

MPs urge caution over speed of online court development – Legal Futures

Posted July 23rd, 2019 in bills, electronic filing, news, pilot schemes by sally

‘MPs have urged the government to learn the lessons of previous major IT projects and move cautiously with the development on online courts.’

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Legal Futures, 19th July 2019

Source: www.legalfutures.co.uk

Gauke: no more court closures – for now – Legal Futures

‘There will not be another round of court closures for the time being, but this may change as technology takes hold, justice secretary David Gauke said yesterday.’

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Legal Futures, 11th July 2019

Source: www.legalfutures.co.uk

Whiplash Portal – “Vulnerable” Parties to be Exempt (At Least to Begin With) – Zenith PI Blog

‘The new whiplash portal is due to launch in the spring of 2020. It is likely to cover injuries arising from accidents occurring after 6th April.’

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Zenith PI Blog, 9th July 2019

Source: zenithpi.wordpress.com

Government ensures paper-based access to online courts – Legal Futures

Posted July 4th, 2019 in bills, courts, electronic filing, equality, internet, news by sally

‘The Courts and Tribunals (Online Procedure) Bill had its first reading in the House of Commons yesterday after the government added further protection for those unable or willing to use online processes.’

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Legal Futures, 4th July 2019

Source: www.legalfutures.co.uk

Peers back greater role for Lord Chief in online court rules – Legal Futures

Posted June 25th, 2019 in bills, civil justice, electronic filing, family courts, news, tribunals, veto by sally

‘Former Lord Chief Justice (LCJ) Lord Judge yesterday defeated government efforts to limit the extent to which future holders of the post will have a veto over the work of the online procedure rule committee (OPRC).’

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Legal Futures, 25th June 2019

Source: www.legalfutures.co.uk

Even more people set to benefit from online court reform – Ministry of Justice

‘New legislation making it even easier for court users to apply for small money claims or divorce online was unveiled in the House of Lords today (1 May 2019).’

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Ministry of Justice, 1st May 2019

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

Judges, police and lawyers warn MPs over court modernisation – Legal Futures

‘Judges, justice campaigners, academics and others have raised wide-ranging concerns about the government’s ambitious court reform programme in evidence submitted to MPs.’

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Legal Futures, 9th April 2019

Source: www.legalfutures.co.uk

Divorce to be wholly online “within months” – Legal Futures

‘Every family law practitioner will have felt the effects of court modernisation in their daily practice within a year, with the remaining parts of the divorce process moving online within months, the president of the Family Division has declared.’

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Legal Futures, 8th April 2019

Source: www.legalfutures.co.uk