Speech by HHJ Edmund QC on Better Case Management and the Plea and Trial Preparation Hearing – Courts and Tribunals Judiciary

‘Speech by HHJ Edmund QC at the Criminal Bar Association Ann Goddard Memorial Lecture on 3 November 2015 entitled ”All Change: What you need to know about Better Case Management and the Plea and Trial Preparation Hearing”.

Full speech

Courts and Tribunals Judiciary, 17th November 2015

Source: www.judiciary.gov.uk

Statute, sentencing and procedure – Law Society’s Gazette

‘The 2015 statutory onslaught on criminal lawyers continued through the summer. On 17 July, section 28 and schedule 5 to the Criminal Justice and Courts Act 2015 were brought into force.’

Full story

Law Society’s Gazette, 26th October 2015

Source: www.lawgazette.co.uk

Civil Restraint Orders in IPEC: Perry v Brundle – NIPC Law

‘This case note discusses the power of a judge of the Intellectual Property Enterprise Court to make an extended civil restraint order under para 3.2 (1) (b).’

Full story

NIPC Law, 12th Ocotber 2015

Source: www.nipclaw.blogspot.co.uk

Criminal Practice Directions and Practice Direction (Costs in Criminal Proceedings) re-issued – Courts and Tribunals Judiciary

Posted October 2nd, 2015 in costs, criminal procedure, practice directions, press releases by tracey

‘Criminal Practice Directions and Practice Direction (Costs in Criminal Proceedings) re-issued.’

Full press release

Courts and Tribunals Judiciary, 30th September 2015

Source: www.judiciary.gov.uk

Court of Protection Update (September 2015) – Family Law Week

‘Sally Bradley and Julia Townend, barristers of 4 Paper Buildings, focus on the applicable law and procedure pertaining to reporting restriction orders in the Court of Protection generally and further to the recent judgment in A Healthcare NHS Trust v P & Q.’

Full story

Family Law Week, 16th September 2015

Source: www.familylawweek.co.uk

Finance & Divorce Update September 2015 – Family Law Week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during August 2015.’

Full story

Family Law Week, 13th September 2014

Source: www.familylawweek.co.uk

Tipstaff Orders – Family Law Week

Posted August 27th, 2015 in child abduction, enforcement, family courts, news, practice directions by sally

‘Sarah Jennings, barrister of 3PB Chambers, examines the purpose of and procedure for obtaining tipstaff orders.’

Full story

Family Law Week, 26th August 2015

Source: www.familylawweek.co.uk

O’Brien v Shorrock and another – WLR Daily

O’Brien v Shorrock and another [2015] EWHC 1630 (QB); [2015] WLR (D) 366

The obligation under paragraph 19.4 of the CPR Practice Direction 44, since amended, was to inform the other party, by the notice of funding, of the date when a conditional fee agreement with retrospective effect was made rather than the earlier date when it came into effect.

WLR Daily, 12th June 2015

Source: www.iclr.co.uk

This judgment could shake up how personal injury solicitors operate – The Guardian

‘A claim brought on behalf of two children hurt in an accident has thrown doubt on the use of success fees, and on the unintended consequences of scrapping legal aid in such cases.’

Full story

The Guardian, 21st August 2015

Source: www.guardian.co.uk

Secret ‘Practice Directions’ and Royal Wills – Panopticon

‘Mr Brown became a well-known figure in litigation circles when he sought to unseal the Will of Princess Margaret in the belief that it might reveal information showing him to be her illegitimate son. In the course of his unsuccessful litigation, it was revealed that there existed what had been described orally during the court proceedings as a “Practice Direction in respect of the handling of Royal Wills” (although there is dispute over precisely what form this document takes and whether it is really a Practice Direction at all), produced by the-then President of the Family Division following liaison with the Royal Household.’

Full story

Panopticon, 16th July 2015

Source: www.panopticonblog.com

In re K (Children) – WLR Daily

In re K (Children): [2015] EWCA Civ 543; [2015] WLR (D) 237

‘The Family Court had no power to order the Lord Chancellor to provide public funding for legal representation outside the legal aid scheme in the Legal Aid, Sentencing and Punishment of Offenders Act 2012.’

WLR Daily, 22nd May 2015

Source: www.iclr.co.uk

‘I Started Something I Couldn’t Finish’ – Wasted Costs Application Against Legal Representatives – Zenith PI Blog

‘Anecdotal evidence suggests that Defendants in failed personal injury claims are increasingly making use of the Court’s wasted costs powers in an attempt to recover costs from Claimants’ legal representatives. Often this is in cases where the Defence is either explicitly or implicitly one of fraud. In such cases the terms of the ATE insurance (if indeed any is held by the Claimant) are often such that the policy does not pay out. Thus, Defendants are sometimes left in the position of holding a costs order against a ‘man of straw’. To circumvent this problem it seems some Defendants are making costs applications against legal representatives directly, using the wasted costs jurisdiction. The recent case of Kagalovsky v Balmore Invest Ltd [2015] EWHC 1337 (QB)[1] provides a salutary reminder of the difficulties a party faces when seeking to persuade a Court to make a wasted costs order.’

Full story

Zenith PI Blog, 20th May 2015

Source: www.zenithpi.wordpress.com

What to do about the new Practice Direction – Pre-Action Conduct – NIPC Law

‘CPR 63.20 (2) requires those bringing claims in the Intellectual Property Enterprise Court (“IPEC”) including the small claims track to state whether they have complied with paragraph 7.1(1) and Annex A (paragraph 2) of the Practice Direction (Pre-Action Conduct). If they don’t the defendant has an extra 28 days in which to file his or her defence under CPR 63.22 (3). But if you actually turn to the Practice Direction – Pre-Action Conduct you will find that the old paragraph 7 and Annex A aren’t there any more.’

Full story

NIPC Law, 6th May 2015

Source: www.nipclaw.blogspot.co.uk

Practice Note Regarding Chancery Fixed-End Trials – Judiciary of England and Wales

Posted May 1st, 2015 in practice directions, time limits, trials by tracey

‘Practice Note Regarding Chancery Fixed-End Trials.’

Full text

Judiciary of England and Wales, 28th April 2015

Source: www.judiciary.gov.uk

CS v ACS and another – WLR Daily

CS v ACS and another [2015] EWHC 1005 (Fam); [2015] WLR (D) 171

‘The final sentence in paragraph 14.1 of Practice Direction 30A supplementing FPR Pt 30, stating that a consent order made by a district judge could be challenged only by way of an appeal, encroached on the right of a litigant in certain circumstances to apply to the court without first obtaining permission and was therefore ultra vires and should be treated as a nullity.’

WLR Daily, 16th April 2015

Source: www.iclr.co.uk

Society of Lloyd’s v Noel – WLR Daily

Society of Lloyd’s v Noel [2015] EWHC 734 (QB); [2015] WLR (D) 142

‘In considering whether “a party had persistently issued claims or made claims which are totally without merit” for the purpose of meeting the criteria for the making an extended civil restraint order in accordance with paragraph 3.1 of Practice Direction 3C supplementing CPR r 3.11, the court was entitled to have regard to all such claims and applications made by the litigant, including those made prior to the making of an earlier extended civil restraint order.’

WLR Daily, 20th March 2015

Source: www.iclr.co.uk

Statements of Case – Advice mainly to beginners, but we can all learn – Zenith PI

‘Advice mainly to beginners, but we can all learn.’

Full story

Zenith PI, 18th March 2015

Source: www.zenithpi.wordpress.com

Court bundle sizes in care proceedings must be controlled – Park Square Barristers

Posted March 19th, 2015 in documents, family courts, news, practice directions by sally

‘In the recent case of Re L (A Child) [2015] EWFC 1, the president of the Family Division, Sir James Munby, reminded practitioners of the importance of following Practice Direction 27A when preparing court bundles in care proceedings, and keeping their size under control. ‘

Full story

Park Square Barristers, 12th March 2015

Source: www.parksquarebarristers.co.uk

Sir James Munby, President of the Family Division, Practice Direction 27a and ‘the Delinquents’ – The World of Family Law (Garden Court Chambers)

Posted March 19th, 2015 in documents, family courts, news, practice directions by sally

‘All Family practitioners should now be familiar with the case of, In the matter of L (A Child) 2015 EWFC 15 (26 February 2015) FPR 2010. In summary this is about Practice Direction 27a – Family Proceedings: Court Bundles (universal practice to be applied in the High Court and Family Court). It provides guidance on court bundles that should be provided to a court for a hearing.’

Full story

The World of Family Law (Garden Court Chambers), 18th March 2015

Source: www.gcfamily.wordpress.com

What were this decade’s most significant advances in law? – OUP Blog

‘The past decade has seen a number of advances in the field of law. As part of our exclusive Oxford law event, Unlock Oxford Law, we have asked some of our expert authors to identify what developments they thought were most significant. With constant changes and developments occurring across all the different areas of law, this is a subject that is very much up for debate. Read on to see what our authors said, and to see if you agree.’

Full story

OUP Blog, 18th March 2015

Source: www.blog.oup.com