Judge reprimands solicitors for “imbeclic request” comment – Litigation Futures

‘A judge has criticised solicitors in a copyright infringement claim for describing a disclosure request made by the opposing side as “imbecilic”.’

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Litigation Futures, 20th May 2019

Source: www.litigationfutures.com

Judge “bullied” litigant in person, Court of Appeal rules – Litigation Futures

‘A High Court judge “seriously transgressed” the core principle that he remain neutral during the evidence and used bullying language against a litigant in person, the Court of Appeal has ruled.’

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Litigation Futures, 20th May 2019

Source: www.litigationfutures.com

Judge wrong to ignore tactics of “unscrupulous” NIHL claimants – Litigation Futures

Posted May 21st, 2019 in appeals, contempt of court, costs, deceit, fraud, judges, news, noise, personal injuries by sally

‘A judge has been criticised by the Court of Appeal for failing to take into account tactics used by “unscrupulous claimants and lawyers”, particularly in noise-induced hearing loss (NIHL) cases.’

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Litigation Futures, 21st May 2019

Source: www.litigationfutures.com

NB on Re NB – Transparency Project

‘At the beginning of April 2019, a Press Association report of an interim hearing at the Court of Protection provoked a number of newspaper headlines and outraged reactions, because it quoted a High Court judge, Mr Justice Hayden, as having spoken of a “fundamental human right” of a man to have sex with his wife. This was in the course of a preliminary hearing in the Court of Protection, a court which makes decisions about and on behalf of adults who lack mental capacity to make decisions themselves. The Court of Protection can decide whether or not an adult lacks mental capacity to make decisions about sexual relations, and if he or she does not, make orders which protect the adult as far as possible from having sexual relations, by imposing restrictions on their freedom of contact with other people. The Court cannot make a decision about whether or not to have sexual relations on behalf of an incapacitated adult, as that is an intimate personal decision which no-one can take on behalf of anyone else. The law’s approach to capacity to marry is exactly the same.’

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Transparency Project, 20th May 2019

Source: www.transparencyproject.org.uk

‘Bullying’ libel judge’s dismissal of claim reversed on appeal – Law Society’s Gazette

‘Appeal judges have strongly criticised the “surprising and troubling” conduct of a High Court judge towards a litigant in person during a defamation hearing, saying he “cast off the mantle of impartiality”. Ruling in Serafin v Malkiewicz and Others, Lord Justice Lewison, Lord Justice McCombe and Lord Justice Haddon-Cave allowed an appeal against Mr Justice Jay’s dismissal of a libel claim against a London Polish-language newspaper.’

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Law Society's Gazette, 20th May 2019

Source: www.lawgazette.co.uk

Judge spikes PI claim from ‘disabled’ victim over fundamental dishonesty – Law Society’s Gazette

‘The High Court has thrown out a personal injury claim – without letting the case go to full quantum trial – after the litigant presented an ‘egregiously untrue picture’ of his disabilities.’

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Law Society's Gazette, 16th May 2019

Source: www.lawgazette.co.uk

Judge hits out at “irresponsible” media reporting of case on capacity to consent to sex – Local Government Lawyer

Posted May 16th, 2019 in consent, Court of Protection, judges, local government, media, news by sally

‘A Court of Protection judge has strongly criticised media reporting of a case involving whether a woman had the capacity to consent to sex with her husband.’

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Local Government Lawyer, 16th May 2019

Source: www.localgovernmentlawyer.co.uk

Appeal throws out Post Office bid to replace judge – Law Society’s Gazette

Posted May 15th, 2019 in appeals, bias, class actions, damages, judges, news, postal service, recusal by sally

‘In a scathing 17-page judgment, the Court of Appeal has thrown out an attempt by the Post Office to appeal a judge’s refusal to recuse himself from group litigation on the grounds of bias. Ruling in Post Office Limited v Alan Bates & Ors, the Rt. Hon. Lord Justice Coulson said that the recusal application ‘never had any substance and was rightly rejected by the judge’.’

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Law Society's Gazette, 14th May 2019

Source: www.lawgazette.co.uk

Judge’s copy of Lady Chatterley’s Lover temporarily barred from leaving UK – The Guardian

‘A copy of Lady Chatterley’s Lover used by a judge at the book’s landmark 1960 obscenity trial, with all the rude bits carefully and dutifully marked up by his wife, has been temporarily stopped from leaving the UK.’

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The Guardian, 13th May 2019

Source: www.theguardian.com

Impact of Brexit on UK courts “exaggerated”, judges say – Litigation Futures

Posted May 10th, 2019 in brexit, courts, dispute resolution, judges, jurisdiction, news by sally

‘The likely legal impact of Brexit on English law and the UK’s role in international dispute resolution, has been exaggerated, a Court of Appeal judge said yesterday.’

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Litigation Futures, 8th May 2019

Source: www.litigationfutures.com

Speech by the Lord Chief Justice: English Law on the World Stage – Courts and Tribunals Judiciary

Posted May 9th, 2019 in judges, judiciary, jurisdiction, legal profession, speeches by tracey

‘Speech by the Lord Chief Justice: English Law on the World Stage.’

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Courts and Tribunals Judiciary, 8th May 2019

Source: www.judiciary.uk

Anger as man who abused girlfriend is spared prison by judge who told him there are ‘lots more fish in the sea’ – The Independent

‘A man who has been convicted of coercive control has been spared prison after a judge told him to leave his ex-girlfriend alone because there are “lots more fish in the sea”.’

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The Independent, 8th May 2019

Source: www.independent.co.uk

Speech by Chancellor of the High Court: The effect of Brexit on Financial Services Disputes in London – Courts and Tribunals Judiciary

Posted May 8th, 2019 in brexit, judges, jurisdiction, London, speeches by tracey

‘Speech by Chancellor of the High Court: The effect of Brexit on Financial Services Disputes in London.’

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Courts and Tribunals Judiciary, 7th May 2019

Source: www.judiciary.uk

Speech by The Rt Hon Sir Nicholas Hamblen: Litigating financial disputes in London and the Financial List – Courts and Tribunals Judiciary

‘Speech by The Rt Hon Sir Nicholas Hamblen: Litigating financial disputes in London and the Financial List.’

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Courts and Tribunals Judiciary, 7th May 2019

Source: www.judiciary.uk

Speech by Sir Geoffrey Vos, Chancellor of the High Court: cryptoassets as property – Courts and Tribunals Judiciary

Posted May 3rd, 2019 in computer programs, contracts, judges, judiciary, legal profession, speeches by tracey

‘Sir Geoffrey Vos, Chancellor of the High Court, gave a speech to the Joint Northern Chancery Bar Association and University of Liverpool Lecture, entitled: “Cryptoassets as property: how can English law boost the confidence of would-be parties to smart legal contracts?” ‘

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Courts and Tribunals Judiciary, 3rd May 2019

Source: www.judiciary.uk

Judge stops transgender Twitter row – BBC News

Posted May 3rd, 2019 in gender, injunctions, internet, judges, news, transgender persons by sally

‘A judge has told a transgender lawyer and a Catholic journalist involved in an “out of control” Twitter row not to mention each other online.’

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BBC News, 2nd May 2019

Source: www.bbc.co.uk

Address by Mr Justice Mostyn to the Hong Kong Family Law Association – Courts and Tribunals Judiciary

Posted May 1st, 2019 in families, family courts, judges, judiciary, speeches by tracey

‘An analysis of the exercise of judicial discretion in the Family Law sphere. Address by Mr Justice Mostyn to the Hong Kong Family Law Association, British Consulate-General, Hong Kong 25 April 2019.’

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Courts and Tribunals Judiciary, 26th April 2019

Source: www.judiciary.uk

Judge disapplies QOCS after claimants’ failure to pay court fee – Litigation Futures

‘A failure to pay a trial fee can result in qualified one-way costs shifting (QOCS) being disapplied on strike-out, a judge has ruled.’

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Litigation Futures, 29th April 2019

Source: www.litigationfutures.com

Judge warns veteran that PTSD is not a ‘get out of jail free card’ – Daily Telegraph

‘PTSD is not a “get out of jail free card”, a judge has warned as he jails a veteran who blamed his crimes on “harrowing” experiences in Afghanistan.’

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Daily Telegraph, 23rd April 2019

Source: www.telegraph.co.uk

Judge excused jury duty after case mix-up – BBC News

Posted April 17th, 2019 in judges, juries, news by tracey

‘A senior judge has revealed he was excused from jury service, because he was due to preside over the case in question.’

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BBC News, 16th April 2019

Source: www.bbc.co.uk