Individuals and the court process: Proposed changes to CPR 45 in light of recent amendments to the overriding objective – St Philips Barristers

‘Benjamin Clayton discusses proposed amendments to CPR 45, in the context of the recent update pertaining to vulnerable witnesses. Such changes not only take greater account of individual differences, but also put to bed long standing arguments between claimants and defendants.’

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St Philips Barristers, 4th June 2021

Source: st-philips.com

Costs in financial remedy cases: LM v DM (Costs Ruling) [2021] EWFC 28A short but important judgment Date:30 MAR 2021 – Family Law

Posted March 31st, 2021 in costs, family courts, financial provision, news, practice directions by tracey

‘A short but important judgment emphasising the costs consequence that a litigant may face if they have failed to negotiate openly and reasonably in the context of financial remedy proceedings was handed down by Mostyn J on 12 March 2021 in the case of LM v DM (Costs Ruling) [2021] EWFC 28.’

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Family Law, 30th March 2021

Source: www.familylaw.co.uk

Court of Appeal delivers ruling on family court’s approach to domestic abuse – Law Society’s Gazette

‘The Court of Appeal has handed down judgment in a groundbreaking case that is expected to inform the way family courts treat allegations of domestic abuse and coercive and controlling behaviour.’

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Law Society's Gazette, 30th March 2021

Source: www.lawgazette.co.uk

Judicial review, standing and interest in the outcome – Local Government Lawyer

Posted March 15th, 2021 in children, fraud, local government, locus standi, news, practice directions by tracey

‘A recent ruling has confirmed that applicants for judicial review must have a sufficient interest in the relief sought to have standing to bring the claim, write Sarah Salmon and Joshua Swirsky.’

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Local Government Lawyer, 12th March 2021

Source: www.localgovernmentlawyer.co.uk

Contact after Findings of Domestic Abuse – Family Law Week

‘Teena Dhanota-Jones, Consultant at Simons Muirhead Burton, analyses a recent case involving the interplay of the law on contact and Practice Direction 12J on domestic abuse.’

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Family Law Week, 10th March 2021

Source: www.familylawweek.co.uk

Ground Rules – Vulnerable witnesses – Becket Chambers

Posted March 10th, 2021 in chambers articles, children, families, news, practice directions, witnesses by sally

‘We have a new Practice Direction 3AA which covers participation in proceedings for vulnerable person who will be required to give evidence, which is effective from February 2021.’

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Becket Chambers, 26th February 2021

Source: becket-chambers.co.uk

New Requirements for Witness Statements – 3 Hare Court

‘From 6 April 2021, a new regime for witness statements in the Business and Property Courts will come into force. Practice Direction 57AC will introduce significantly tighter requirements that will apply to all trial witness statements signed on or after 6 April 2021, including those in claims that have already been issued.’

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3 Hare Court, February 2021

Source: 3xuhxi1g279p1z966c3knla6-wpengine.netdna-ssl.com

Coercive and Controlling Behaviours: How are they to be dealt with in fact finding hearings after the recent case of F v M? – Becket Chambers

‘Allegations of domestic abuse are usually raised from the outset by either the applicant or respondent in private law proceedings. Further allegations may be raised at the safeguarding stage, with recommendations by Cafcass as to whether there should be a fact finding hearing, before final resolution of the case.’

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Becket Chambers, 3rd March 2021

Source: becket-chambers.co.uk

Practice Direction 27A and its application to financial proceedings – 3PB

‘The courts are increasingly referring to PD 27A and the necessity for compliance.’

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3PB, 26th February 2021

Source: www.3pb.co.uk

A new approach to witness statements in the Business and Property Courts: the new Practice Direction 57AC – Hardwicke Chambers

‘The new Practice Direction 57AC (Witness evidence at trial) is set to significantly alter the approach taken to witness statements in the Business and Property Courts (B&PCs) by introducing new rules to deal with “the phenomenon over-long, over-lawyered trial witness statements” (paragraph 10 of the Factual Witness Evidence in Trials before the Business & Property Courts: Implementation Report of the Witness Evidence Working Group (31 July 2020) (Implementation Report). It will apply in the B&PCs to witness statements signed on or after 6 April 2021 in both new and existing proceedings (paragraph 1.1, PD 57AC. Note that certain types of proceedings are excluded unless the court directs otherwise: see paragraph 1.3).’

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Hardwicke Chambers, 4th March 2021

Source: hardwicke.co.uk

M (A Child): Live streaming from the Court of Appeal on Thursday 4th March – Should a journalist be able to see the court documents behind a flawed decision that a child needed adoption? – Transparency Project

‘This is a short blog to introduce the people and issues, and explain the lead up, ahead of the live-streamed appeal in M (A Child) tomorrow. It aims to give non lawyers a bit of orientation and some links when tuning in to the court of appeal proceedings.’

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Transparency Project, 3rd March 2021

Source: www.transparencyproject.org.uk

New Requirements for Witness Statements – 3 Hare Court

Posted February 25th, 2021 in documents, news, practice directions, witnesses by sally

‘From 6 April 2021, a new regime for witness statements in the Business and Property Courts will come into force. Practice Direction 57AC will introduce significantly tighter requirements that will apply to all trial witness statements signed on or after 6 April 2021, including those in claims that have already been issued.’

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3 Hare Court, February 2021

Source: 3xuhxi1g279p1z966c3knla6-wpengine.netdna-ssl.com

New witness statements Practice Direction approved – Courts and Tribunals Judiciary

Posted February 19th, 2021 in civil procedure rules, evidence, practice directions, press releases, witnesses by tracey

‘The Civil Procedure Rule Committee has approved new Practice Direction PD57AC which seeks to promote and enforce best practice on the preparation of witness statements.’

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Courts and Tribunals Judiciary, 18th February 2021

Source: www.judiciary.gov.uk

Practice Direction 12J & Scott Schedules – Rearranging a spider’s web – Family Law Week

Posted February 8th, 2021 in appeals, children, domestic violence, families, family courts, news, practice directions by tracey

‘Jeremy Ford, Partner at Cambridge Family Law Practice LLP, calls for clarity in the court’s attitude to Scott Schedules when considering what is relevant to its welfare determination.’

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Family Law Week, 3rd February 2021

Source: www.familylawweek.co.uk

David Feldman: Departing from Retained EU Case law – UK Constitutional Law Association

Posted January 12th, 2021 in brexit, EC law, judiciary, news, practice directions, precedent, Supreme Court by sally

‘Following the end of the UK’s transition period for withdrawing from the EU, the status of earlier case law on retained EU law is somewhat complicated. Section 6(3) and (4)(a) and (b) of the European Union (Withdrawal) Act 2018, as amended by the European Union (Withdrawal Agreement) Act 2020, provides that the Supreme Court and in criminal matters the High Court of Justiciary are not to be bound by any retained EU case law, but other courts and tribunals are to determine issues of retained EU law in accordance with retained EU case law. In relation to certain aspects of competition law, section 60A(7) of the Competition Act 1998, inserted by reg. 23 of the Competition (Amendments etc.) (EU Exit) Regulations 2019, SI 93 of 2019, provides that any court or tribunal, the Competition and Markets Authority, and anyone acting on behalf of the Authority, may depart from retained EU case law. In addition, section 6(5A) of the 2018 Act allows regulations to be made to designate other courts and tribunals as “relevant courts” or “relevant tribunals” which, by virtue of section 6(4)(ba), are not to be bound by retained EU case law to the extent specified in the regulations.’

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UK Constitutional Law Association, 11th January 2021

Source: ukconstitutionallaw.org

Who has jurisdiction and under what circumstances? – Falcon Chambers

‘This paper deals with one of life’s big questions: “why are we here?”, albeit the “here” refers to one or more of the County Court, the First Tier Tribunal and the Upper Tribunal (Lands Chamber), and sometimes two of them at the same time.’

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Falcon Chambers, 2nd November 2020

Source: www.falcon-chambers.com

Fact finding hearings: a case study F v. G [2020] EWHC 2396 – Becket Chambers

Posted November 10th, 2020 in children, coercive & controlling behaviour, news, practice directions by sally

‘The provisions of Practice Direction 12 J make it very clear that the court should determine as soon as possible whether it is necessary to conduct a fact finding hearing in relation to any disputed allegations of domestic abuse.’

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Becket Chambers, 5th November 2020

Source: becket-chambers.co.uk

Do Practice Directions make perfect? – Hardwicke Chambers

Posted November 10th, 2020 in civil procedure rules, insolvency, news, practice directions, remote hearings by sally

‘By way of introduction to this topic it is worth recalling that by the time the Insolvency (England and Wales) Rules 2016 (“IR 2016”) came into force in April 2017 the Practice Direction on Insolvency Proceedings (“IPD”) had still not been updated to take account of the reforms introduced by IR 2016. Nor had it been updated to take account of the Electronic Working Pilot Scheme in CPR Practice Direction 51O (“EWPS”). In fact, there followed a significant period during which the IPD and IR 2016 were not compatible. The delay was at least in part caused by the reforms to the court system in England and Wales that resulted in the creation of the Business and Property Courts (“B&PC”). A new Practice Direction to govern the procedure in the B&PC came into effect in October 2017 and although subsequently supplemented by other changes, it was not until 25 April 2020 that a revised IPD, compatible with IR 2016, was finally released and even this was quickly superseded by a more definitively revised IPD on 4 July 2018. However, there were some significant anomalies with regard to the intermeshing of these various procedural rules and practice directions, not least in the area of out-of-court appointments of administrators.’

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Hardwicke Chambers, 7th October 2020

Source: hardwicke.co.uk

New Developments in Cost Budgeting – 4 New Square

Posted October 29th, 2020 in budgets, civil procedure rules, costs, news, practice directions by sally

‘Ben Williams QC, Rob Marven QC and Benjie Fowler consider the changes to cost budgeting introduced in October 2020.’

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4 New Square, 7th October 2020

Source: www.4newsquare.com

Possession Proceedings: Where are they now? – Tanfield Chambers

‘When the stay on possession proceedings first came into force on 27 March 2020, it appeared to be a straight-forward (albeit blunt) tool to help the Courts manage the effects of the Coronavirus.’

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Tanfield Chambers, 5th October 2020

Source: www.tanfieldchambers.co.uk