Thousands of ‘right to buy’ negligence cases piling up against conveyancers – Legal Futures

‘Law firms are facing thousands of claims for professional negligence over their involvement in “right to buy” work, it has emerged.’

Full story

Legal Futures, 27th November 2013

Source: www.legalfutures.co.uk

Lord Chief Justice: public should decide if Islamic veil should be allowed in court – Daily Telegraph

“The most senior judge in England and Wales says a public consultation will open on the ‘divisive’ subject soon.”

Full story

Daily Telegraph, 5th November 2013

Source: www.telegraph.co.uk

Breathing a sigh of relief…? – Zenith Chambers

Posted October 30th, 2013 in appeals, civil procedure rules, costs, enforcement, news, practice directions by sally

“By the Civil Procedure (Amendment) Rules 2013 CPR r. 3.9 was substantially amended with effect from 1st April 2013. The ‘new’ rule reads as follows:
‘3.9 (1) On an application for relief from any sanction imposed for a failure to comply with any rule, practice direction or court order, the court will consider all the circumstances of the case, so as to enable it to deal justly with the application, including the need –
(a) for litigation to be conducted efficiently and at proportionate cost; and
(b) to enforce compliance with rules, practice directions and orders.
(2) An application for relief must be supported by evidence.'”

Full story (PDF)

Zenith Chambers, 25th October 2013

Source: www.zenithchambers.co.uk

Niqab court ruling: a classic exercise in reasonableness – Halsbury’s Law Exchange

“In 1894 Edward Marshall Hall KC defended the Austrian-born prostitute Marie Hermann, charged with the murder of a client whose body she hid in a trunk. The jury acquitted of murder and convicted of manslaughter after what has become his most famous jury speech ending with, ‘Look at her, gentlemen of the jury, look at her. God never gave her a chance, won’t you?’ The personalities may have changed and the language less flowery but the basic principle of a jury trial is the same – we judge our peers on the evidence and that is the evidence presented in court. This includes our assessment of other human beings, not just what they say but how they say it.”

Full story

Halsbury’s Law Exchange, 25th September 2013

Source: www.halsburyslawexchange.co.uk

High Court: failure to comply with rules likely to result in “severe sanctions” – Litigation Futures

Posted May 29th, 2013 in civil procedure rules, news, practice directions, sanctions by sally

“The High Court has issued a fresh warning that it will take a ‘very much stricter view’ of the failure to comply with directions in the post-Jackson world.”

Full story

Litigation Futures, 29th May 2013

Source: www.litigationfutures.com

Costs Management Pilot Report – Judiciary of England and Wales

“The Costs Management Pilot Scheme (the ‘Pilot’) was launched in all Technology and Construction Courts (‘TCC’) and Mercantile Courts on 1 October 2011. The Pilot applies to any case which has its first case management conference on or after 1 October 2011.”

Full report

Judiciary of England & Wales, 10th May 2013

Source: www.judiciary.gov.uk

Court of Appeal issues strong warning of costs sanctions for lengthy skeleton arguments – Litigation Futures

“The Court of Appeal has hit out at lengthy and complex skeleton arguments, describing them as the ‘bane’ of commercial litigation and warning that failing to comply with the practice directions on them will result in costs sanctions.”

Full story

Litigation Futures, 8th May 2013

Source: www.litigationfutures.com

‘Secret justice’ message from leading judges – BBC News

Posted May 3rd, 2013 in civil justice, contempt of court, judges, news, practice directions by tracey

“Leading judges have issued a strongly-worded message against secret justice to
protect a ‘fundamental principle’ of the court system in England and Wales.”

Full story

BBC News, 3rd May 2013

Source: www.bbc.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

Light on Line Ltd v Zumtobel Lighting Ltd [2012] EWHC 3376 (QB); [2012] WLR (D) 373

Posted December 13th, 2012 in appeals, costs, documents, insurance, law reports, practice directions by sally

Light on Line Ltd v Zumtobel Lighting Ltd [2012] EWHC 3376 (QB); [2012] WLR (D) 373

“Service of a redacted insurance certificate as proof of “the amount of the premium paid or payable” in a claim for an additional liability on a detailed assessment of costs was sufficient to comply with paragraph 32.5(2)(c) of the Costs Practice Direction supplementing CPR Pts 43–48.”

WLR Daily, 29th November 2012

Source: www.iclr.co.uk

Enhancing the Role of Grandparents in the Current Legal Landscape – Family Law Week

Posted October 15th, 2012 in carers, children, families, grandparents, news, practice directions by tracey

“Julie Stather, barrister, of 42 Bedford Row suggests some ways to benefit children by strengthening the position of grandparents.”

Full story

Family Law week, 12th October 2012

Source: www.familylawweek.co.uk

Article on Henry v News Group Newspapers Ltd – 4 New Square

Posted June 7th, 2012 in costs, defamation, news, practice directions by sally

“From 1 October 2011 to 30 September 2012 the Royal Courts of Justice and the District Registry at Manchester are operating a pilot scheme for Costs Management in Defamation Proceedings (‘the Defamation Proceedings Costs Management Scheme’), as contained in Practice Direction 51D to Part 51 of the Civil Procedure Rules. This scheme provides detailed rules for costs management, including the provision and approval of costs budgets, and is indicative of the approach propounded by Lord Justice Jackson in his Final Report on Civil Litigation Costs.”

Full story (PDF)

4 New Square, 31st May 2012

Source: www.4newsquare.com

The New Practice Direction on Insolvency Proceedings (February 2012) – Hardwicke Chambers

Posted April 3rd, 2012 in insolvency, news, practice directions by sally

“On 23 February 2012, with surprisingly little fanfare, the Chancellor of the High Court issued a new Insolvency Practice Direction (PD 2012). PD 2012 came into force with immediate effect. It not only replaces the existing practice direction (PD 1999) but also ‘all previous Practice Directions, Practice Statements and Practice Notes’ relating to insolvency proceedings.”

Full story

Hardwicke Chambers, 29th March 2012

Source: www.hardwicke.co.uk

‘Few’ solicitors understand e-disclosure, says Jackson – Law Society’s Gazette

Posted November 29th, 2011 in costs, disclosure, electronic filing, news, practice directions, speeches by sally

“Lord Justice Jackson has warned that ‘huge’ sums of money will be wasted if the legal profession gets electronic disclosure wrong. Delivering the seventh lecture on implementing his civil litigation reforms, the judge said effective training is ‘essential’ for solicitors, judges and counsel if the practice direction issued a year ago on electronic disclosure is to be operated effectively.”

Full story

Law Society’s Gazette, 28th November 2011

Source: www.lawgazette.co.uk

Controlling The Costs of Disclosure – Seventh Lecture in the implementation programme – Speech by Lord Justice Jackson

Controlling The Costs of Disclosure – Seventh Lecture in the implementation programme (PDF)

Speech by Lord Justice Jackson

The LexisNexis Conference on Avoiding and Resolving Construction Disputes, 24th November 2011

Source: www.judiciary.gov.uk

Neuberger unveils privacy guidance and scheme to monitor injunctions – Legal Week

Posted August 2nd, 2011 in injunctions, judiciary, news, practice directions, privacy by sally

“The use and scope of privacy injunctions will be formally monitored from today (1 August) under a pilot scheme launched by the Master of the Rolls, Lord Neuberger.”

Full story

Legal Week, 1st August 2011

Source: www.legalweek.com

Judges could veto plans to count number of injunctions – Daily Telegraph

Posted August 2nd, 2011 in injunctions, judiciary, news, practice directions, privacy by sally

“Judges will be able to veto moves to discover the true scale of injunctions and secret court orders despite a bid for more transparency.”

Full story

Daily Telegraph, 2nd August 2011

Source: www.telegraph.co.uk

TW v A City Council – WLR Daily

Posted January 24th, 2011 in citations, law reports, practice directions by sally

TW v A City Council [2011] EWCA Civ 17; [2011] WLR (D) 9

“The profession needed to be reminded that the relevant authorities should be copied from the official Law Reports (published by the Incorporated Council of Law Reporting for England and Wales), and only if not should reports from the All England Law Reports (‘All ER’) or a specialist law report series be included. In addition if a case was reported in volume 1 of the Weekly Law Reports that report should be used in preference to the report in the All ER. British and Irish Legal Information Institute (‘BAILII’) judgments (with neutral citation numbers) should only be used if no other recognised reports were available.”

WLR Daily, 21st January 2011

Source: www.lawreports.co.uk

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

Interim practice guidance: The use of live text-based forms of communication (including Twitter) from court for the purposes of fair and accurate reporting – Judiciary of England and Wales

Posted December 21st, 2010 in internet, practice directions, press releases by sally

“Interim practice guidance: The use of live text-based forms of communication (including Twitter) from court for the purposes of fair and accurate reporting – Guidance from the Lord Chief Justice.”

Full guidance

Judiciary of England and Wales, 20th December 2010

Source: www.judiciary.gov.uk

Practice Direction (Criminal Proceedings: Additional Forms) – WLR Daily

Posted October 8th, 2009 in criminal procedure, law reports, practice directions by sally

Practice Direction (Criminal Proceedings: Additional Forms); [2009] WLR (D) 293

“The forms for use in connection with the following Parts of the Criminal Procedure Rules 2005, as amended, were set out. The amendments were to take effect on 5 October 2009.”

WLR Daily, 7th October 2009

Source: www.lawreports.co.uk

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