‘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.’
Gatehouse Chambers, 24th March 2023
Source: gatehouselaw.co.uk
‘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.’
The Guardian, 20th March 2023
Source: www.theguardian.com
‘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?’
Law Society's Gazette, 3rd March 2023
Source: www.lawgazette.co.uk
‘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.’
Exchange Chambers, 22nd December 2022
Source: www.exchangechambers.co.uk
‘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.’
Legal Futures, 4th January 2023
Source: www.legalfutures.co.uk
‘Amba Griffin-Booth examines the lessons to be learned from a recent case concerning compliance with PD57AC.’
Local Government Lawyer, 28th October 2022
Source: www.localgovernmentlawyer.co.uk
‘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.’
Legal Futures, 21st September 2022
Source: www.legalfutures.co.uk
‘Alex Ruck Keene QC (Hon) analyses recent comments made by Mostyn J and transparency orders before the Court of Protection.’
Local Government Lawyer, 19th August 2022
Source: www.localgovernmentlawyer.co.uk
‘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.’
Becket Chambers, 11th August 2022
Source: becket-chambers.co.uk
‘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.’
Practical Law: Construction Blog, 3rd August 2022
‘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.’
Legal Futures, 25th July 2022
Source: www.legalfutures.co.uk
‘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.’
Transparency Project, 7th June 2022
Source: transparencyproject.org.uk
‘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.’
Legal Futures, 27th May 2022
Source: www.legalfutures.co.uk
‘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.’
OUT-LAW.com, 28th April 2022
Source: www.pinsentmasons.com
‘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.’
Legal Futures, 31st March 2022
Source: www.legalfutures.co.uk
‘A High Court judge has condemned the “clearest case of failure to comply” with a new practice direction on witness statements that he had seen since it came into force last April.’
Legal Futures, 17th March 2022
Source: www.legalfutures.co.uk
‘Last year, important new rules were introduced governing how witness statements are drafted and used in the Business and Property Courts (BPC) of England and Wales.’
OUT-LAW.com, 7th February 2022
Source: www.pinsentmasons.com
‘Marion Smith QC, Joe-han Ho, Ruth Keating and Philippe Kuhn examine the latest court ruling on PD 57AC.’
Local Government Lawyer, 28th January 2022
Source: www.localgovernmentlawyer.co.uk
‘How is Practice Direction 57AC bedding down? Marion Smith QC, Joe-han Ho, Ruth Keating and Philippe Kuhn look at its impact.’
Local Government Lawyer, 17th December 2021
Source: www.localgovernmentlawyer.co.uk
‘This Practice Direction sets out the arrangements for the neutral citation of judgments of the Employment Appeal Tribunal (EAT) from 1 January 2022. It follows the practice of other jurisdictions including that of the Upper Tribunal.’
Courts & Tribunals Judiciary, 14th December 2021
Source: www.judiciary.uk
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