Court of Appeal sets out limits of relief from sanctions regime – Legal Futures

Posted January 29th, 2024 in appeals, civil procedure rules, expert witnesses, news, practice directions by sally

‘A failure to seek permission under the Civil Procedure Rules (CPR) does not automatically mean lawyers then need to apply for relief from sanctions, the Court of Appeal has ruled.’

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Legal Futures, 29th January 2024

Source: www.legalfutures.co.uk

CPR Witness Statements: Lost in Translation – St John’s Buildings

‘An appeal was recently heard by, Mr Justice Freedman, about whether the preparation of a witness statement in English by a multilingual Claimant was CPR compliant or, in breach of Practice direction, 32.PD.18.1. The case is now reported as Afzal v UK Insurance Ltd (2023) EWHC 1730 KB.’

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St John's Buildings, 31st October 2023

Source: stjohnsbuildings.com

Tom Hickman KC: Candour Inside-Out: Disclosure in Judicial Review – UK Constitutional Law Association

‘A feature of judicial review procedure is that disclosure of documents is not required. The procedural rules make no provision for disclosure (indeed, they state that parties are not required to provide disclosure). Despite this, disclosure is increasingly provided in judicial review litigation as a matter of course. This is welcome. Appropriately focused disclosure facilitates rather than impedes efficient judicial review proceedings. It ensures judges and claimants are properly sighted on the decision-making process and it avoids the dangers of spin and omission in the summarisation of documents. But the approach taken by public bodies varies markedly, depending on their interpretation of the requirements of the common law “duty of candour”. In the absence of any rules governing the process, defendants sometimes do not disclose important documents while other cases get bogged-down in elaborate search and disclosure exercises.’

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UK Constitutional Law Association, 16th October 2023

Source: ukconstitutionallaw.org

Expert evidence – the importance of independence – Mills & Reeve

‘The rules on expert witnesses in the courts of England and Wales are governed by Part 35 of the Civil Procedure Rules. One of the fundamental principles when it comes to expert evidence is that of independence.’

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Mills & Reeve, 19th September 2023

Source: www.mills-reeve.com

Contempt of court – yet more confusion and inconsistency over naming of guilty party – Transparency Project

‘This case has also revealed inconsistencies within and between a key practice direction and recently updated rules of court, and differences of approach between senior High Court judges. In these circumstances, it seems difficult to expect ordinary mortals to follow and understand the law, the key purpose of which is to prevent criminal penalties (including imprisonment) being imposed against someone in secret. It is particularly difficult because, as we discovered, the relevant rules and practice directions are not at all easy to find.’

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Transparency Project, 1st August 2023

Source: transparencyproject.org.uk

A Master’s decision to order disclosure of internal non-contemporaneous documents upheld on appeal (Re Scherbakov (deceased)) – Gatehouse Chambers

‘Dispute Resolution analysis: On appeal, an order for disclosure against neutral Interim Administrators of the estate of a deceased person, requiring the search of review of non-contemporaneous internal documents has been upheld.’

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Gatehouse Chambers, 24th March 2023

Source: gatehouselaw.co.uk

Experts cast doubt on Braverman’s hopes of ECHR rule change on Rwanda – The Guardian

‘Legal experts have cast doubt on the UK’s claims of “possible reforms” to European court of human rights procedures that stopped an asylum seeker from being deported to Rwanda last year.’

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The Guardian, 20th March 2023

Source: www.theguardian.com

Appeal notices and the electronic working pilot – Law Society’s Gazette

‘The important procedural question raised in Microsoft Ireland Operations Limited v JJH Enterprises Limited [2022] EWCA Civ 1509 was this: where an appellant’s notice (AN) is filed with the Court of Appeal electronically in accordance with the Electronic Working Pilot Scheme (introduced by PD51O), should the AN be filed by 4.30pm on the last day of the permitted period, or could it be filed at any time up to midnight on that day?’

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Law Society's Gazette, 3rd March 2023

Source: www.lawgazette.co.uk

Participation of vulnerable parties in civil litigation: split trials and stays (AXX v. Zajac) – Exchange Chambers

‘AXX (A protected party by his litigation friend XRE) v. Zajac [2022] EWHC 2463 is the first reported case in the High Court (KBD) concerning the ‘new’ CPR Practice Direction 1A which requires the court to take all proportionate measures to address any impediment to a party’s participation in proceedings caused by their ‘vulnerability’. Master McCloud granted an application made on behalf of the Claimant (who was a protected party due to a psychotic condition which had arisen after his accident) for a trial of causation as a preliminary issue on the basis that, if successful at that stage, the Claimant could seek interim funding for treatment to address his psychiatric symptoms and allow him to participate fully in the subsequent quantum trial. The Master also refused an application from the Defendant for an ‘unless’ order (whereby the claim would be stayed unless the Claimant cooperated with examinations to be performed by the Defendant’s instructed medical experts) because of concerns about the Claimant’s capacity to consent to examination. This decision illustrates the important role that PD1A has in shaping case management decisions to protect the interests of parties with vulnerabilities.’

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Exchange Chambers, 22nd December 2022

Source: www.exchangechambers.co.uk

Judge warns solicitors over witness statement compliance certificates – Legal Futures

‘The High Court has issued a stark warning to solicitors who sign a certificate of compliance on non-compliant witness statements so their clients can have their day in court.’

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Legal Futures, 4th January 2023

Source: www.legalfutures.co.uk

Failure to comply with PD57AC — it can be costly! – Local Government Lawyer

Posted October 28th, 2022 in costs, drafting, indemnities, local government, news, practice directions, witnesses by tracey

‘Amba Griffin-Booth examines the lessons to be learned from a recent case concerning compliance with PD57AC.’

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Local Government Lawyer, 28th October 2022

Source: www.localgovernmentlawyer.co.uk

Claimant to pay indemnity costs after latest witness statement failure – Legal Futures

Posted September 21st, 2022 in costs, indemnities, news, practice directions, witnesses by sally

‘The High Court has ordered a claimant who seriously breached the rules on witness statements to pay indemnity costs, having exacerbated the situation by dismissing the defendant’s concerns.’

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Legal Futures, 21st September 2022

Source: www.legalfutures.co.uk

Transparently clunky – Local Government Lawyer

‘Alex Ruck Keene QC (Hon) analyses recent comments made by Mostyn J and transparency orders before the Court of Protection.’

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Local Government Lawyer, 19th August 2022

Source: www.localgovernmentlawyer.co.uk

Family Public Law … Choosing an Expert – Becket Chambers

Posted August 16th, 2022 in expert witnesses, family courts, news, practice directions by sally

‘When it is decided that it is “necessary” – and that is the first question to be decided by the Court (Practice Direction 25 of the Family Procedure Rules 2010) – this should be as early as possible within the start of proceedings.’

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Becket Chambers, 11th August 2022

Source: becket-chambers.co.uk

Some reflections on the new world order – Practical Law: Construction Blog

Posted August 4th, 2022 in disclosure, news, pilot schemes, practice directions, witnesses by tracey

‘In the Business and Property Courts (B&PCs), Practice Direction (PD) 57AC has applied to all trial witness statements signed since 6 April 2021. The commencement date of the Disclosure Pilot Scheme (under PD 51U), was 1 January 2019. However, it has been approved and will become permanent from 1 October 2022 (under PD 57AD).

I want to share a few reflections, based on recent experience, around how the rules in these two Practice Directions can interact at trial.’

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Practical Law: Construction Blog, 3rd August 2022

Source: constructionblog.practicallaw.com

Judge condemns “trench warfare” over witness statements – Legal Futures

Posted July 25th, 2022 in costs, evidence, judges, news, practice directions, witnesses by sally

‘The rules on witness statements should not be seen as encouragement to go through them “with a fine-tooth comb” to identify “as many instances of non-compliance as possible for use in trench warfare”, the High Court has said.’

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Legal Futures, 25th July 2022

Source: www.legalfutures.co.uk

Barring orders – strengthened guidance on section 91(14) to stop repeated applications – Transparency Project

‘Parents who live under the shadow of constant threats by ex-partners of being taken back to court, with repeated applications about their children, will now get more protection from this happening.“Barring orders” is the name commonly given to orders the Family Court can make to stop future unnecessary applications being made, where it appears it’s likely a party is going to try to keep returning to court in a way that will harass and disturb the other party.’

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Transparency Project, 7th June 2022

Source: transparencyproject.org.uk

Courts send different messages to lawyers over witness statements – Legal Futures

Posted May 27th, 2022 in drafting, judges, news, practice directions, witnesses by sally

‘The strengthened rules on witness statements should not be used as a “weapon with which to fillet” essentially insignificant failures to comply, a High Court judge has said.’

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Legal Futures, 27th May 2022

Source: www.legalfutures.co.uk

New English witness evidence rules likely to influence wider best practice – OUT-LAW.com

Posted April 29th, 2022 in courts, evidence, news, practice directions, witnesses by tracey

‘Businesses involved in disputes before a wide range of courts and tribunals should expect their factual witness evidence to be closely scrutinised and should be aware of best practice principles recently set out by one of the main branches of the English courts.’

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OUT-LAW.com, 28th April 2022

Source: www.pinsentmasons.com

Choose your submissions wisely, says judge in time-estimate warning – Legal Futures

Posted March 31st, 2022 in case management, news, practice directions, sanctions by sally

‘The judge in charge of the Commercial Court has complained again about inadequate time estimates, telling advocates they cannot ask judges to read authorities after the hearing as a shortcut.’

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Legal Futures, 31st March 2022

Source: www.legalfutures.co.uk