‘In a time when we are all being urged to stay in our homes it seems appropriate to consider the recent changes to Housing Law in light of the Coronavirus pandemic. This article will consider the Coronavirus Act 2020, Practice Direction 51Z and the Guidance document issued by the Ministry of Housing, Communities and Local Government (‘Guidance’).’
Pump Court Chambers, 7th April 2020
Source: www.pumpcourtchambers.com
‘Practice Direction 51Z was hastily brought into force on Friday 27 March 2020, after the Prime Minister’s televised instructions to the nation on the evening of Monday 23 March 2020 that everyone should stay at home in order to beat coronavirus. Practice Direction 51Z imposed a three-month stay on all Part 55 possession proceedings, which ensures that those who were facing the possibility of eviction from their home have some protection during the crisis. However, since the Practice Direction came into force, property practitioners have been grappling with the possibly unintended consequences that come from its very wide scope. This has been brought into sharp focus by the recent case of University College London Hospitals Foundation Trust v MB [2020] EWHC 882 (QB), in which PD51Z prevented an NHS Trust from obtaining a possession order to facilitate the discharge of a patient from hospital, in circumstances where her bed was needed for critically ill-patients, she was medically fit for discharge, and indeed she would be at less risk of infection from COVID-19 if out of the hospital. As this article explains, the NHS Trust in the UCLH case was able to obtain the relief it needed by the alternative route of an injunction, but the case nevertheless highlights that PD51Z may need to be revisited.’
Falcon Chambers, 15th April 2020
Source: www.falcon-chambers.com
‘Practice Direction 31A of the CPR 1998 contemplates specifically that disclosure of electronic documents may be carried out by using keyword or other automated searches.’
Ropewalk Chambers, 6th April 2020
Source: www.ropewalk.co.uk
‘The past year has seen repeated attempts by the courts to solve the conundrum of electronic working and how it interfaces with outof-court appointments of administrators. Six decisions, all conflicting in whole or in part, none likely to result in an appeal, did little to ease the uncertainty surrounding the validity of notices efiled outside court hours by CE-File. There was no substantive attempt at resolution on the part of the Companies Court or the Insolvency Rules Committee; the Chancellor issued guidance to the effect that notices filed out-of-hours would be referred to a designated High Court Judge.’
Radcliffe Chambers, 8th April 2020
Source: radcliffechambers.com
‘The Civil Procedure Rule Committee has issued a practice direction allowing parties to agree longer extensions of time to comply with procedural time limits due to the coronavirus.’
Litigation Futures, 2nd April 2020
Source: www.litigationfutures.com
‘Some of the amendments are in force from 31st March 2020, others from 6th April 2020. Here is a selection of some of the key points.’
Broadway House Chambers, 27th March 2020
Source: broadwayhouse.co.uk
‘A new practice direction clarifying when civil courts may derogate from the principle of open justice to conduct hearings remotely in private has been published today.’
Litigation Futures, 25th March 2020
Source: www.litigationfutures.com
‘This decision is important for any professional involved in solicitor and client disputes. The judgment is another example of the senior courts being willing to uphold robust case management decisions of first instance judges. Here the court held that “the judge was entitled to take the course he did which was well within the ambit of the proper exercise of his discretion.”’
Hardwicke Chambers, 19th February 2020
Source: hardwicke.co.uk
‘A new research report paints a very alarming picture of the way in which some family courts are dealing with cases where there is domestic abuse, ignoring the procedures put in place by court rules. Academics at the University of Sussex conducted a survey of 88 lawyers who act in private law proceedings in Sussex.’
Transparency Project, 14th February 2020
Source: www.transparencyproject.org.uk
‘This is a talk by Sir James Munby (lately President of the Family Division of the High Court of Justice of England and Wales) at the Conference in Edinburgh on 10 February 2020 of Shared Parenting Scotland.’
Transparency Project, 10th February 2020
Source: www.transparencyproject.org.uk
‘The President of the Family Division, Sir Andrew McFarlane, has issued a call for evidence as part of the Family Court’s ‘Transparency Review’.’
Local Government Lawyer, 4th February 2020
Source: www.localgovernmentlawyer.co.uk
‘A cut out & keep guide to Practice Direction 51U and overview of the changes to disclosure procedures in the Business and Property Courts.’
Counsel, December 2019
Source: www.counselmagazine.co.uk
‘Solicitors with cases being heard at Central Family Court have been told they do not always have to turn up with their barristers. The suggestion is one of 24 contained in wellbeing guidance issued this month by His Honour Judge Robin Tolson QC.’
Law Society's Gazette, 11th October 2019
Source: www.lawgazette.co.uk
‘A change to the CPR coming into force on 1 October should provide clearer guidance on the cut-off between budgeted and incurred costs, it has been argued.’
Litigation Futures, 19th September 2019
Source: www.litigationfutures.com
‘Disciplinary proceedings are not a “criminal/civil hybrid” and tribunals may draw adverse inferences from respondents staying silent, the High Court has made clear.’
Legal Futures, 19th August 2019
Source: www.legalfutures.co.uk
‘A critical part of any unfair prejudice petition is the valuation of the minority shareholding. Paul Mitchell QC and Nigel Burroughs of 4 New Square were counsel on different sides in Swain v Swains Plc, a case in which the expert share valuation evidence was taken concurrently. They look at the pros and cons of hot tubbing, and offer practical advice on how to approach the way experts should give their evidence.’
4 New Square, 22nd July 2019
Source: www.4newsquare.com
‘The Court of Appeal has warned parties that they can expect to be denied recovery of the costs of preparing non-compliant bundles of authorities.’
Litigation Futures, 22nd July 2019
Source: www.litigationfutures.com
‘The President of the Family Division has said he will issue practice guidance to the courts before the end of July so that more can be done to bring secure accommodation placements within the statutory regulatory scheme.’
Local Government Lawyer, 14th May 2019
Source: www.localgovernmentlawyer.co.uk
‘On 7 December 2018, Sir Andrew McFarlane, the President of the Family Division, issued some practice guidance to judges entitled Practice Guidance: anonymisation and avoidance of the identification of children and the treatment of explicit descriptions of the sexual abuse of children in judgments intended for the public arena(see January [2019] Fam Law 68). In it, he refers to a report written by Julia Brophy and published by the Association of Lawyers for Children (ALC) in July 2016 (J Brophy, Anonymisation and avoidance of the identification of children and the treatment of explicit descriptions of the sexual abuse of children in judgments intended for the public arena: judicial guidance, available on the ALC and Nuffield Foundation websites).’
Transparency Project, 12th March 2019
Source: www.transparencyproject.org.uk
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