Hearing paused after barristers spoke too quickly – Law Society’s Gazette

Posted December 15th, 2021 in barristers, costs, news, oral hearings by tracey

‘A High Court judge has criticised the conduct of a hearing in which advocates spoke so quickly in court that the transcriber could no longer continue.’

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Law Society's Gazette, 14th December 2021

Source: www.lawgazette.co.uk

Lies and Lucas in the Family Court – Local Government Lawyer

‘Andrew Bagchi QC and Anna Lavelle examine an important Court of Appeal ruling on fact-finding hearings and Lucas directions, and considerations of children giving oral evidence in family proceedings.’

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Local Government Lawyer, 14th May 2021

Source: www.localgovernmentlawyer.co.uk

Lord Sumption: justice faces digital trade-off – Law Society’s Gazette

‘The court system faces a trade-off between the quality of justice and the cost of delivering it, former Supreme Court justice Lord Sumption has said in a biting assessment of virtual hearings. Speaking at the Commercial Litigators’ Forum, Lord Sumption (Jonathan Sumption QC) said if quality of justice was the only concern “we would go back to ordinary oral hearings.” ‘

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Law Society's Gazette, 5th October 2020

Source: www.lawgazette.co.uk

Oral hearings – who needs them? – Doughty Street Chambers

Posted April 17th, 2020 in chambers articles, immigration, news, oral hearings, tribunals by sally

‘The Upper Tribunal’s ‘Presidential Guidance Note No 1 2020: Arrangements During The COVID-19 Pandemic’ envisages moving, in immigration and asylum cases, to a system where the UT may decide certain matters on the papers and without a hearing. At the moment these are limited to (i) whether the First-tier Tribunal made an error of law and (ii) if it did, whether its decision should be set aside.’

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Doughty Street Chambers, 9th April 2020

Source: insights.doughtystreet.co.uk

Bomb hoax barrister fails to overturn law firm ban – Legal Futures

‘A barrister jailed in 2014 for a bomb hoax at the London Olympics has failed in his attempt to overturn an order imposed by the Solicitors Regulation Authority (SRA) that banned him from working for law firms.’

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Legal Futures, 3rd April 2020

Source: www.legalfutures.co.uk

High Court limits scope of provisional assessment appeals – Litigation Futures

Posted December 16th, 2019 in appeals, civil procedure rules, costs, news, oral hearings by tracey

‘A party’s right to appeal from an oral hearing that follows a provisional assessment is limited to decisions made at the hearing, the High Court has ruled.’

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Litigation Futures, 16th December 2019

Source: www.litigationfutures.com

CA rejects challenge to abolition of oral permission hearings – Litigation Futures

Posted June 26th, 2019 in appeals, civil justice, human rights, news, oral hearings by sally

‘The Court of Appeal has rejected a challenge to the abolition of most oral permission-to-appeal hearings before it.’

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Litigation Futures, 26th June 2019

Source: www.litigationfutures.com

Surrogacy and HFEA Update (November 2017) – Family Law Week

‘Andrew Powell, barrister of 4 Paper Buildings, considers recent developments relating to surrogacy law as well as the latest cases concerning administrative errors and the HFEA.’

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Family Law Week, 7th November 2017

Source: www.familylawweek.co.uk

Regina (Khan) v Secretary of State for the Home Department – WLR Daily

Regina (Khan) v Secretary of State for the Home Department [2017] EWCA Civ 424

‘The claimant, a national of Pakistan, had limited leave to remain in the United Kingdom. A few days before the expiry of his leave he applied for an extension of his period of leave. The Secretary of State rejected that application on the grounds that it had not been accompanied by the required fee. Since the claimant had no right of appeal against this rejection, he submitted a renewed application accompanied by the required fee. The Secretary of State refused that application on the merits, informing the claimant that he had no right of appeal against her refusal since his renewed application had been made at a time when he had no leave to remain. The claimant sought judicial review of the Secretary of State’s determination that he had no right of appeal, contending that he had had leave to remain at the time of making his renewed application since his leave had been automatically extended pursuant to section 3C of the Immigration Act 1971 when he made his original application for an extension, and was still continuing. The claimant was granted permission to proceed with his claim, but at the full hearing the Upper Tribunal dismissed the claim on the basis that the claimant had an alternative remedy in the form of an appeal to the First-tier Tribunal.’

WLR Daily, 8th June 2017

Source: www.iclr.co.uk

Court of Appeal threshold to remain unchanged – Law Society’s Gazette

Posted August 24th, 2016 in civil procedure rules, delay, news, oral hearings, statistics by sally

‘The Law Society has welcomed a government decision not to raise the threshold for permission to take cases to the Court of Appeal as part of a package of reforms to reduce delays.’

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Law Society’s Gazette, 24th August 2016

Source: www.lawgazette.co.uk

Lord Dyson “personally opposed” to changing costs rules for JR permission hearings – Litigation Futures

Posted March 11th, 2015 in costs, judicial review, news, oral hearings by tracey

‘Lord Dyson, the Master of the Rolls, has made it clear that he is “personally opposed” to changes in the costs rules for judicial review oral permission hearings.’

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Litigation Futures, 11th March 2015

Source: www.litigationfutures.com

Parole system preparing for overload as Supreme Court ruling gives prisoners right to ‘hopeless’ hearings – The Independent

Posted July 14th, 2014 in budgets, news, oral hearings, parole, statistics, Supreme Court by sally

‘The parole system is preparing for overload after a ruling gave prisoners the right to have hearings even when there is no hope of release.’

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The Independent, 12th July 2014

Source: www.independent.co.uk

Parole system failing prisoners and close to be overwhelmed, lawyers warn – The Independent

Posted January 27th, 2014 in budgets, delay, news, oral hearings, parole, prisons, standards, Supreme Court by sally

‘England and Wales’s parole system is on the brink of a crisis that will result in reformed prisoners being detained months after they should have been released, The Independent on Sunday can reveal.’

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The Independent, 26th January 2014

Source: www.independent.co.uk

Ofsted fairness standards graded inadequate – Halsbury’s Law Exchange

“The Care Quality Commission has made headlines recently with the focus on inadequacies in its processes as a regulator and its failure to spot sub-standard and even dangerous levels of care. Its fellow regulator Ofsted, however, is more likely to be accused of being over – rather than under – zealous, but its approach has been subject to far less scrutiny.”

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Halsbury’s Law Exchange, 18th October 2013

Source: www.halsburyslawexchange.co.uk

Osborn (FC) (Appellant) v The Parole Board (Respondent); Booth (FC) (Appellant) v The Parole Board (Respondent); In the matter of an application of James Clyde Reilly for Judicial Review (Northern Ireland) – Supreme Court

Osborn (FC) (Appellant) v The Parole Board (Respondent); Booth (FC) (Appellant) v The Parole Board (Respondent); In the matter of an application of James Clyde Reilly for Judicial Review (Northern Ireland) | [2013] UKSC 61 (YouTube)

Supreme Court, 9th October 2013

Source: www.youtube.com/user/UKSupremeCourt

Lessons from eBay, cases without hearings and a divided profession: Neuberger assesses the law – Litigation Futures

“The court system ‘may well have something to learn from online dispute resolution on eBay and elsewhere’, the president of the Supreme Court has suggested.”

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Litigation Futures, 19th June 2013

Source: www.litigationfutures.com

Legal aid cuts will drive out the best lawyers, supreme court president warns – The Guardian

“Reforms may not produce significant savings as it would result in more unrepresented litigants and longer hearings, says Lord Neuberger.”

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The Guardian, 18th June 2013

Source: www.guardian.co.uk

Royds LLP v Pine – WLR Daily

Posted January 7th, 2013 in appeals, law reports, oral hearings, practice directions by sally

Royds LLP v Pine [2012] EWCA Civ 1734; [2012] WLR (D) 395

“Where a litigant was entitled to a hearing of a renewed application for permission to appeal to the High Court but for good reason was unable to attend court, listing the application for consideration on the papers before another judge was a proper course to take. In an appropriate case the court had power to dispense with an oral hearing and to determine the matter on the papers, or to proceed with an oral hearing and give judgment in the applicant’s absence.”

WLR Daily, 19th December 2012

Source: www.iclr.co.uk

Regina (Parsipoor) v Secretary of State for the Home Department; Regina (Salih and another) v Same – WLR Daily

Regina (Parsipoor) v Secretary of State for the Home Department; Regina (Salih and another) v Same [2011] EWCA Civ 276; [2011] WLR (D) 97

“A claimant in a claim for judicial review was entitled to an oral hearing even where the claims were academic.”

WLR Daily, 17th March 2011

Source: www.iclr.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

SK (Sri Lanka) v Secretary of State for the Home Department – Times Law Reports

Posted May 27th, 2008 in immigration, judgments, law reports, oral hearings, tribunals by sally

SK (Sri Lanka) v Secretary of State for the Home Department

Court of Appeal

“While the Asylum and Immigration Tribunal had power to pronounce an oral decision at the conclusion of a hearing, it was the written determination which constituted the decision. If an oral pronouncement was inconsistent with a subsequent written determination, there should be another hearing.”

The Times, 27th May 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.