‘The eagerly awaited Court of Appeal judgement in Denton & others v TH White Ltd & others was handed down on Friday. Dyson LJ provides a careful methodology on the approach to applications for relief from sanctions under CPR 3.9, with the aim to set to rights the fall-out from the landmark decision of Mitchell v News Group Newspapers Ltd’
NearlyLegal, 6th July 2014
Source: www.nearlylegal.co.uk
‘CPR r 81.4(3), which gave the court power to order that a company director or officer be imprisoned for a company’s contempt, applied to a director who was outside the jurisdiction.’
WLR Daily, 23rd May 2014
Source: www.iclr.co.uk
‘The Civil Procedure Rule Committee (CPRC) looks set to introduce an exemption from costs management for all civil cases that are worth in excess of £10m – even though Sir Rupert Jackson himself is opposed to any exceptions. Newly released papers from the 6 December meeting of the CPRC reveal that it fell into line with the joint recommendation of the Master of the Rolls, Lord Dyson, and the deputy head of civil justice, Lord Justice Richards.’
Litigation Futures, 26th February 2014
Source: www.litigationfutures.com
‘Sally Bradley and Michael Edwards, barristers of 4 Paper Buildings, consider the President’s guidance on transparency in the Court of Protection as well as the most important recent judgments.’
Family Law Week, 16th February 2014
Source: www.familylawweek.co.uk
‘The judiciary is considering a change to model directions that would allow parties to agree a 28-day extension to time limits without the need for court approval, it has emerged.’
Litigation Futures, 13th February 2014
Source: www.litigationfutures.com
Vidal-Hall and others v Google Inc [2014] EWHC 13 (QB); [2014] WLR (D) 21
‘A claim for misuse of private information was a tort within the meaning of para 3.1(9) of Practice Direction 6B—Service out of the jurisdiction.’
WLR Daily, 16th January 2014
Source: www.iclr.co.uk
‘A costs judge has refused relief from sanctions despite his “qualms” at the nature of the penalty for the breach involved.’
Litigation Futures, 14th January 2014
Source: www.litigationfutures.com
Smith v Secretary of State for Energy and Climate Change [2013] EWCA Civ 1585; [2013] WLR (D) 473
‘In order for the court to have jurisdiction to make an order under CPR r 31.16 for disclosure before proceedings had started, it was not a requirement that the applicant have an arguable case in those proceedings.’
WLR Daily, 5th December 2013
Source: www.iclr.co.uk
‘Law firms are facing thousands of claims for professional negligence over their involvement in “right to buy” work, it has emerged.’
Legal Futures, 27th November 2013
Source: www.legalfutures.co.uk
“The most senior judge in England and Wales says a public consultation will open on the ‘divisive’ subject soon.”
Daily Telegraph, 5th November 2013
Source: www.telegraph.co.uk
“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
“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.”
Halsbury’s Law Exchange, 25th September 2013
Source: www.halsburyslawexchange.co.uk
“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.”
Litigation Futures, 29th May 2013
Source: www.litigationfutures.com
“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.”
Judiciary of England & Wales, 10th May 2013
Source: www.judiciary.gov.uk
“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.”
Litigation Futures, 8th May 2013
Source: www.litigationfutures.com
“Leading judges have issued a strongly-worded message against secret justice to
protect a ‘fundamental principle’ of the court system in England and Wales.”
BBC News, 3rd May 2013
Source: www.bbc.co.uk
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
“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
“Julie Stather, barrister, of 42 Bedford Row suggests some ways to benefit children by strengthening the position of grandparents.”
Family Law week, 12th October 2012
Source: www.familylawweek.co.uk
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