CA warns against misuse of judgment clarification procedure – Legal Futures

Posted February 13th, 2024 in appeals, care orders, family courts, judgments, news, reasons by tracey

‘The delivery of a judgment “is not a transactional process” and its contents are “not open to negotiation”, the Court of Appeal has warned, saying the clarification procedure was being misused in family cases.’

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Legal Futures, 12th February 2024

Source: www.legalfutures.co.uk

Transcripts essential, says judge refusing SCPO discharge from Russia – Law Society’s Gazette

Posted February 13th, 2024 in judgments, news, reasons, serious crime prevention orders by tracey

‘Claimants seeking to discharge a serious crime prevention order (SCPO) must have access to transcripts of the judge’s reasons, if necessary from the director of public prosecutions, a High Court judge has said.’

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Law Society's Gazette, 13th February 2024

Source: www.lawgazette.co.uk

Sexual assault victims charged tens of thousands of pounds for court documents – The Independent

‘Domestic abuse and sexual violence victims are being charged up to tens of thousands of pounds to access court scripts after being wrongly advised not to attend court, The Independent has learned.’

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The Independent, 21st January 2024

Source: www.independent.co.uk

The Use and Misuse of the Rubric in the Family Courts – Financial Remedies Journal

Posted January 12th, 2024 in anonymity, children, families, family courts, judgments, news, reporting restrictions by sally

‘In a familiar line of cases of which the first was BT v CU [2021] EWFC 87, [2022] 1 WLR 1349, paras [100]–[114], and the last In re PP (A Child: Anonymisation) [2023] EWHC 330 (Fam), [2023] 4 WLR 48, paras [49]–[62], and Augousti v Matharu [2023] EWHC 1900 (Fam), paras [68]–[93], Mostyn J has explosively ignited a most necessary debate about the anonymisation of judgments in financial remedy cases. Part of his compelling analysis – which, so far as I am aware, no-one has yet succeeded in challenging successfully – relates to the use, or as he would have it, the inveterate misuse of the rubric attached to judgments in such cases.’

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Financial Remedies Journal, 8th January 2024

Source: financialremediesjournal.com

Judge refuses to redact civil servants’ names in JR of Parole Board recommendation for long-serving prisoner – Law Society’s Gazette

Posted January 9th, 2024 in anonymity, civil servants, judgments, news, parole, rape by tracey

‘A High Court judge has said there was no “legitimate reason” to anonymise civil servants in a judgment concerning the parole of a rapist who has spent 41 years in prison. Declining a request to redact the names of junior civil servants, the Honourable Justice Fordham said nobody would be imperilled by his decision.’

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Law Society's Gazette, 8th January 2024

Source: www.lawgazette.co.uk

Chestnuts Old and New – Hailsham Chambers

Posted December 20th, 2023 in chambers articles, debts, judgments, news by sally

‘As we all know, the Judgments Act 1832 (s.17) and orders made under it prescribe the rate of interest ordinarily payable on a judgment debt. The rate, which is rarely changed, used normally to be significantly higher than the likely cost to an ordinary borrower of borrowing. One can say that, as a matter of both principle and commercial sense, the judgment creditor should be paid by the judgment debtor at least as much interest as the creditor may be
losing by any delay, and that it should be made more expensive for the judgment debtor to delay payment rather than to pay promptly. (The problem has yet to be addressed that in the wider world the rates of interest payable by private individuals on overdrafts or credit cards substantially exceed the Judgments Act rate).’

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Hailsham Chambers, 28th November 2023

Source: www.hailshamchambers.com

MoJ says it is working on making court records more accessible following MP’s outrage at £7,500 bill – Law Society’s Gazette

Posted November 27th, 2023 in bills, criminal justice, judgments, Ministry of Justice, news, victims by tracey

‘Ministry of Justice officials are working on ways to make transcripts of court proceedings available to victims of crime, a minister has revealed. But, speaking in parliament last week, Mike Freer MP did not respond to calls for immediate legislation to make this possible.’

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Law Society's Gazette, 26th November 2023

Source: www.lawgazette.co.uk

Employment Tribunals are not a costs-free zone – Littleton Chambers

Posted November 9th, 2023 in chambers articles, costs, employment, employment tribunals, judgments, news by sally

‘A frequent refrain of solicitors who represent respondents in Employment Tribunal proceedings is that it is virtually impossible to obtain a costs order against a claimant who has brought an unmeritorious claim, or that there are no consequences when outlandish allegations are made in pursuit of a claim. The case of Cairns v The Wellness Zone Case No: 2414495/2021 provides a salutary reminder to parties engaged in Employment Tribunal proceedings that, in an appropriate case, the Tribunal will exercise its costs jurisdiction, and not merely in a token way. The case also serves as a cautionary tale for claimants making serious allegations in pursuit of their claims.’

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Littleton Chambers, 24th October 2023

Source: littletonchambers.com

Privy Council provides update on setting aside judgments and settlements for fraud – OUT-LAW.com

Posted September 26th, 2023 in evidence, fraud, Jamaica, judgments, news, Privy Council, setting aside by sally

‘A Privy Council ruling in a case originating in Jamaica has sought to clarify what constitutes “new” evidence for claimants seeking to set aside a judgment or settlement based on fraud.’

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OUT-LAW.com, 25th September 2023

Source: www.pinsentmasons.com

High Court judges “failing to send judgments for publication” – Legal Futures

Posted September 19th, 2023 in archives, internet, judgments, judiciary, news, statistics by sally

‘One in five judgments by the senior courts and tribunals of England and Wales are not being published, the Incorporated Council of Law Reporting in England and Wales (ICLR) has found.’

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Legal Futures, 19th September 2023

Source: www.legalfutures.co.uk

One fifth of judgments missing from national database – Law Society’s Gazette

Posted September 15th, 2023 in archives, courts, delay, family courts, judgments, news, statistics by tracey

‘Important gaps remain in the government’s official repository of court judgments more than a year after its launch, research has revealed. According to the study by the Incorporated Council of Law Reporting in England and Wales (ICLR), about 20% of the judgments that might be expected to be on the National Archives’ Find Case Law database are missing.’

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Law Society's Gazette, 15th September 2023

Source: www.lawgazette.co.uk

One-hour oral judgment in family case ‘plainly irregular’ – Law Society’s Gazette

Posted September 4th, 2023 in appeals, child abuse, children, judges, judgments, news, sexual offences by tracey

‘A one-hour oral judgment delivered on a complex family case was “manifestly insufficient” and should be re-examined, the Court of Appeal has ruled.’

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Law Society's Gazette, 1st September 2023

Source: www.lawgazette.co.uk

Litigant in person made ‘unacceptable’ threats to judge – Law Society’s Gazette

‘The solution for a dissatisfied litigant is not to threaten the judge, an Insolvency and Company Courts judge has noted, revealing ”deep concern’’ at threats made as he delivered judgment.’

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Law Society's Gazette, 11th August 2023

Source: www.lawgazette.co.uk

Unravelling it all: challenging judgments tainted by fraud – Gatehouse Chambers

Posted August 3rd, 2023 in chambers articles, foreign jurisdictions, judgments, news, setting aside by sally

‘Final and conclusive judgments, meaning judgments of judicial bodies which bring litigation to an end and are not (or are no longer) subject to an appeal process, have a special place in this jurisdiction. The principle of finality demands that they be respected, complied with, and left undisturbed save in the most exceptional of circumstances. English law takes this attitude both to its domestic judgments, for obvious reasons, but also to foreign judgments, for less obvious (although by no means less valid) reasons.’

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Gatehouse Chambers, 31st July 2023

Source: gatehouselaw.co.uk

Satisfying judgment from scheme assets following bankruptcy discharge – Pensions Barrister

Posted July 27th, 2023 in bankruptcy, debts, injunctions, judgments, news, pensions by sally

‘Handed down on 26th July, the latest in a long line of cases in which a judgment creditor has sought to enforce their debt from the pension scheme assets of the debtor is Cohen v O’Leary [2023] EWHC 1939 (Ch), a decision of Louse Hutton KC, sitting as a Deputy Judge of the High Court.’

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Pensions Barrister, 27th July 2023

Source: www.pensionsbarrister.com

Different rules on draft judgment embargoes “totally unacceptable” – Legal Futures

Posted June 28th, 2023 in family courts, judges, judgments, news by sally

‘The “inexplicable differences” in the embargo rules for draft rulings in the King’s Bench Division, Family Division and Crown Court are “completely unacceptable”, a High Court judge has said.’

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Legal Futures, 28th June 2023

Source: www.legalfutures.co.uk

MR: Regulators and courts need to control use of ChatGPT in litigation – Legal Futures

‘Legal regulators and the courts may need to control “whether and in what circumstances and for what purposes” lawyers can use artificial intelligence (AI) systems like ChatGPT in litigation, the Master of the Rolls has said.’

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Legal Futures, 19th June 2023

Source: www.legalfutures.co.uk

Claim against law firm lost by court can proceed, appeal judges rule – Legal Futures

Posted June 7th, 2023 in appeals, claims management, fees, judgments, law firms, news by sally

‘A claim against a law firm thrown out for being served too late can now proceed after the Court of Appeal held that the claim form was sealed with the wrong date.’

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Legal Futures, 7th June 2023

Source: www.legalfutures.co.uk

Judge criticises fundamental errors in childcare case after earlier ruling ignored – Local Government Lawyer

Posted May 9th, 2023 in care orders, case management, judgments, local government, news by sally

‘Her Honour Judge Madeleine Reardon has highlighted “fundamental errors” made in the preparation and presentation of a childcare case, in which a previous judgment given by the court was “completely ignored”.’

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Local Government Lawyer, 5th May 2023

Source: www.localgovernmentlawyer.co.uk

Judgment reserved in dispute over when honey is “raw honey” – Local Government Lawyer

Posted April 26th, 2023 in appeals, EC law, food, judgments, labelling, local government, news by sally

‘Judgment has been reserved in an appeal over a London borough’s service of an improvement notice under the Food Information Regulations 2014, it has been reported.’

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Local Government Lawyer, 25th April 2023

Source: www.localgovernmentlawyer.co.uk