New PD allows parties to agree longer extension of time – Litigation Futures

‘The Civil Procedure Rule Committee has issued a practice direction allowing parties to agree longer extensions of time to comply with procedural time limits due to the coronavirus.’

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Litigation Futures, 2nd April 2020

Source: www.litigationfutures.com

113th CPR Update – Practice Direction Amendments by Paul Dormand – Broadway House Chambers

Posted April 2nd, 2020 in chambers articles, civil procedure rules, news, practice directions by sally

‘Some of the amendments are in force from 31st March 2020, others from 6th April 2020. Here is a selection of some of the key points.’

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Broadway House Chambers, 27th March 2020

Source: broadwayhouse.co.uk

Open justice direction published for remote hearings – Litigation Futures

‘A new practice direction clarifying when civil courts may derogate from the principle of open justice to conduct hearings remotely in private has been published today.’

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Litigation Futures, 25th March 2020

Source: www.litigationfutures.com

Ainsworth v Stewarts Law – the Court of Appeal gives guidance on solicitor/client costs disputes – Hardwicke Chambers

‘This decision is important for any professional involved in solicitor and client disputes. The judgment is another example of the senior courts being willing to uphold robust case management decisions of first instance judges. Here the court held that “the judge was entitled to take the course he did which was well within the ambit of the proper exercise of his discretion.”’

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Hardwicke Chambers, 19th February 2020

Source: hardwicke.co.uk

Lawyers highlight poor practice in private law cases and the impact on families – Transparency Project

‘A new research report paints a very alarming picture of the way in which some family courts are dealing with cases where there is domestic abuse, ignoring the procedures put in place by court rules. Academics at the University of Sussex conducted a survey of 88 lawyers who act in private law proceedings in Sussex.’

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Transparency Project, 14th February 2020

Source: www.transparencyproject.org.uk

‘The crisis in private law’ – by Sir James Munby – Transparency Project

Posted February 11th, 2020 in children, families, family courts, news, practice directions by sally

‘This is a talk by Sir James Munby (lately President of the Family Division of the High Court of Justice of England and Wales) at the Conference in Edinburgh on 10 February 2020 of Shared Parenting Scotland.’

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Transparency Project, 10th February 2020

Source: www.transparencyproject.org.uk

President in call for evidence as part of Transparency Review in Family Court – Local Government Lawyer

Posted February 4th, 2020 in anonymity, confidentiality, family courts, news, practice directions by sally

‘The President of the Family Division, Sir Andrew McFarlane, has issued a call for evidence as part of the Family Court’s ‘Transparency Review’.’

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Local Government Lawyer, 4th February 2020

Source: www.localgovernmentlawyer.co.uk

Disclosure pilot for the Business & Property Courts – Counsel

‘A cut out & keep guide to Practice Direction 51U and overview of the changes to disclosure procedures in the Business and Property Courts.’

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Counsel, December 2019

Source: www.counselmagazine.co.uk

Counsel’s fee in portal drop-out case included in fixed costs – Litigation Futures

‘Counsel’s fees for an opinion on quantum in a traffic accident involving a child are included in the fixed costs for the case and cannot be claimed separately, the Court of Appeal has ruled.’

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Litigation Futures, 30th October 2019

Source: www.litigationfutures.com

‘One lawyer is enough’: family judge issues court guidance – Law Society’s Gazette

Posted October 14th, 2019 in family courts, legal representation, news, practice directions by tracey

‘Solicitors with cases being heard at Central Family Court have been told they do not always have to turn up with their barristers. The suggestion is one of 24 contained in wellbeing guidance issued this month by His Honour Judge Robin Tolson QC.’

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Law Society's Gazette, 11th October 2019

Source: www.lawgazette.co.uk

Cut-off between budgeted and incurred costs to be clarified – Litigation Futures

Posted September 19th, 2019 in budgets, civil procedure rules, costs, drafting, news, practice directions by tracey

‘A change to the CPR coming into force on 1 October should provide clearer guidance on the cut-off between budgeted and incurred costs, it has been argued.’

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Litigation Futures, 19th September 2019

Source: www.litigationfutures.com

High Court: Silence in disciplinary proceedings can lead to adverse inferences – Legal Futures

‘Disciplinary proceedings are not a “criminal/civil hybrid” and tribunals may draw adverse inferences from respondents staying silent, the High Court has made clear.’

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Legal Futures, 19th August 2019

Source: www.legalfutures.co.uk

Expert Evidence on Share Valuations: When to use hot tubbing in unfair prejudice petitions – 4 New Square

‘A critical part of any unfair prejudice petition is the valuation of the minority shareholding. Paul Mitchell QC and Nigel Burroughs of 4 New Square were counsel on different sides in Swain v Swains Plc, a case in which the expert share valuation evidence was taken concurrently. They look at the pros and cons of hot tubbing, and offer practical advice on how to approach the way experts should give their evidence.’

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4 New Square, 22nd July 2019

Source: www.4newsquare.com

CA threatens costs penalty for non-compliant authority bundles – Litigation Futures

‘The Court of Appeal has warned parties that they can expect to be denied recovery of the costs of preparing non-compliant bundles of authorities.’

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Litigation Futures, 22nd July 2019

Source: www.litigationfutures.com

Family President to issue guidance to courts on secure accommodation placements and statutory regime – Local Government Lawyer

‘The President of the Family Division has said he will issue practice guidance to the courts before the end of July so that more can be done to bring secure accommodation placements within the statutory regulatory scheme.’

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Local Government Lawyer, 14th May 2019

Source: www.localgovernmentlawyer.co.uk

The President’s guidance on anonymisation in published judgments – Transparency Project

‘On 7 December 2018, Sir Andrew McFarlane, the President of the Family Division, issued some practice guidance to judges entitled Practice Guidance: anonymisation and avoidance of the identification of children and the treatment of explicit descriptions of the sexual abuse of children in judgments intended for the public arena(see January [2019] Fam Law 68). In it, he refers to a report written by Julia Brophy and published by the Association of Lawyers for Children (ALC) in July 2016 (J Brophy, Anonymisation and avoidance of the identification of children and the treatment of explicit descriptions of the sexual abuse of children in judgments intended for the public arena: judicial guidance, available on the ALC and Nuffield Foundation websites).’

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Transparency Project, 12th March 2019

Source: www.transparencyproject.org.uk

Closed judgments: security, accountability and court processes – UK Human Rights Blog

‘A new practice direction reveals some valuable progress in the management of closed judgments, but leaves uncertainty and, very worryingly, indicates that some judgments will be destroyed.’

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UK Human Rights Blog, 25th January 2019

Source: ukhumanrightsblog.com

Analysis: New Practice Direction signals further step forward for online divorce – Family Law

‘Emma Chowdhury, of the International Family Law Group, discusses new Practice Direction FPR 2010 PD 36L whichs allow some litigants in person to pilot the next stage of the online divorce system.’

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Family Law, 24th January 2019

Source: www.familylaw.co.uk

Experts’ Agendas – a Warning from the Bench – No. 5 Chambers

Posted December 14th, 2018 in civil procedure rules, expert witnesses, news, practice directions by sally

‘“It certainly should not become routine to provide two versions which, as here, travel over much of the same ground. That approach tests the patience of the experts (and frankly of the court); produces a lengthier joint statement; potentially increases costs and is simply not the best way to focus on the issues. I do not think that anything further needs to be said or done in this case. However, if this worrying trend continues, parties may find that courts begin considering costs consequences.” – Mrs Justice Yip commenting on the experts’ agendas in the recent case of Welsh v Walsall Healthcare NHS Trust 2018 EWHC 1917 QB.’

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No. 5 Chambers, 10th December 2018

Source: www.no5.com

Speech by the Right Honourable Lady Justice Rafferty to the Criminal Law Review Conference – Courts and Tribunals Judiciary

Posted December 13th, 2018 in criminal justice, criminal procedure, judges, practice directions, speeches by tracey

‘Speech by the Right Honourable Lady Justice Rafferty to the Criminal Law Review Conference.’

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Courts and Tribunals Judiciary, 12th December 2018

Source: www.judiciary.gov