Choose your submissions wisely, says judge in time-estimate warning – Legal Futures

Posted March 31st, 2022 in case management, news, practice directions, sanctions by sally

‘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.’

Full Story

Legal Futures, 31st March 2022

Source: www.legalfutures.co.uk

Judge condemns “clearest breach” of witness statement rules – Legal Futures

Posted March 17th, 2022 in civil procedure rules, news, practice directions, witnesses by tracey

‘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.’

Full Story

Legal Futures, 17th March 2022

Source: www.legalfutures.co.uk

New English court witness statement rules have positive early effect – OUT-LAW.com

Posted February 8th, 2022 in drafting, evidence, news, practice directions, witnesses by sally

‘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.’

Full Story

OUT-LAW.com, 7th February 2022

Source: www.pinsentmasons.com

Practice Direction 57AC in practice – Local Government Lawyer

Posted January 28th, 2022 in evidence, local government, news, practice directions, witnesses by tracey

‘Marion Smith QC, Joe-han Ho, Ruth Keating and Philippe Kuhn examine the latest court ruling on PD 57AC.’

Full Story

Local Government Lawyer, 28th January 2022

Source: www.localgovernmentlawyer.co.uk

Reform or revolution? – Local Government Lawyer

Posted December 17th, 2021 in courts, local government, news, practice directions, trials, witnesses by michael

‘How is Practice Direction 57AC bedding down? Marion Smith QC, Joe-han Ho, Ruth Keating and Philippe Kuhn look at its impact.’

Full Story

Local Government Lawyer, 17th December 2021

Source: www.localgovernmentlawyer.co.uk

Practice Direction issued by the Senior President of Tribunals: Employment Appeal Tribunal – Courts & Tribunals Judiciary

Posted December 15th, 2021 in appeals, citations, employment tribunals, judgments, practice directions by tracey

‘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.’

Full practice direction

Courts & Tribunals Judiciary, 14th December 2021

Source: www.judiciary.uk

Too many witness statements prepared in breach of proper professional standards, says top family judge – Local Government Lawyer

Posted November 11th, 2021 in codes of practice, families, family courts, judges, news, practice directions, witnesses by sally

‘The President of the Family Division, Sir Andrew McFarlane, has issued a memorandum setting out how witness statements should be prepared for use in the Family Courts to ensure they meet proper professional standards.’

Full Story

Local Government Lawyer, 10th November 2021

Source: www.localgovernmentlawyer.co.uk

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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).’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full text

Courts and Tribunals Judiciary, 18th February 2021

Source: www.judiciary.gov.uk