Court of Appeal gives local authority Aarhus costs protection over HS2 challenge – Local Government Lawyer

‘A local authority is entitled to the costs protection conferred on claimants in Aarhus Convention claims, the Court of Appeal has ruled.’

Full story

Local Government Lawyer, 13th March 2015

Source: www.localgovernmentlawyer.co.uk

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

‘In this update Sally Bradley and Julia Townend, barristers of 4 Paper Buildings, focus on the applicable procedure for cases in which urgent and serious medical treatment is required.’

Full story

Family Law Week, 16th January 2015

Source: www.familylawweek.co.uk

The Devil in the Detail: The Court Bundles Practice Direction and J v J [2014] EWHC 3654 – Family Law Week

Posted November 24th, 2014 in documents, family courts, news, practice directions by sally

‘Alexander Chandler, barrister at 1 King’s Bench Walk considers the Implications of the Court Bundles Practice Direction in the light of Mostyn J’s judgment in J v J [2014] EWHC 3654.’

Full story

Family Law Week, 20th November 2014

Source: www.familylawweek.co.uk

Mirfin v Secretary of State for Energy and Climate Change: Manchester County Court’s application of the Mesothelioma Claims Practice Direction to “non-mesothelioma” cases – Zenith PI Blog

Posted November 6th, 2014 in asbestos, compensation, courts, news, practice directions by sally

‘The Manchester County Court’s designated District Judges for Cancer Asbestos and Terminal Illness (“CAT”) cases apply from the outset the Mesothelioma Claims Practice Direction to all asbestos-related claims, irrespective of whether they involve mesothelioma: and this appeal judgment supports this practice.’

Full story

Zenith PI Blog, 5th November 2014

Source: www.zenithpi.wordpress.com

Tchenguiz v Director of the Serious Fraud Office and others – WLR DAily

Tchenguiz v Director of the Serious Fraud Office and others: [2014] EWCA Civ 1333; [2014] WLR (D) 427

‘It was very difficult for the Court of Appeal to deal with the dispatch of its business if it was faced with excessively lengthy skeleton arguments. What was required was a careful and concise summary of the points that were intended to be addressed.’

WLR Daily, 13th October 2014

Source: www.iclr.co.uk

Amended practice statement – General Regulatory Chamber – Judiciary of England and Wales

Posted October 17th, 2014 in practice directions, tribunals by tracey

‘The Senior President of Tribunals has amended the practice statement regarding the composition of panels in the First-tier Tribunal (General Regulatory Chamber).’

Full practice statement

Judiciary of England and Wales, 17th October 2014

Source: www.judiciary.gov.uk

Changes to Practice Direction 21 – Material to be Served and Filed in Relation to Child/Protected Party Settlement Claims – Zenith PI Blog

Posted September 23rd, 2014 in children, civil procedure rules, news, practice directions, service by sally

‘With the 75th Update to the Civil Procedure Rules (coming into force 1 October 2014), amendments to Practice Direction 21 (Children and Protected Parties) address the inconsistencies between the rules and practice direction in respect of the material that must be served and filed in relation to child/protected party settlement claims.’

Full story

Zenith PI Blog, 23rd September 2014

Source: www.zenithpi.wordpress.com

Fern Computer Consultancy Ltd v Intergraph Cadworx & Analysis Solutions Inc – WLR Daily

Fern Computer Consultancy Ltd v Intergraph Cadworx & Analysis Solutions Inc [2014] EWHC 2908 (Ch); [2014] WLR (D) 400

‘A claim brought under regulation 17 of the Commercial Agents (Council Directive) Regulations 1993 for compensation on determination of an agency agreement was not in respect of a contract or a breach of contract. Accordingly, the jurisdictional gateways for service out of the jurisdiction in paragraph 3.1(6) and (7) of Practice Direction 6B supplementing CPR Pt 6 did not apply.’

WLR Daily, 29th August 2014

Source: www.iclr.co.uk

Practice Note: Chancery Chambers Changes 1st October 2014 – Judiciary of England and Wales

‘From 1 October 2014 the Chancery Division in London will commence using the new CE-File electronic court file and some data stored on the old IT system will be transferred to CE-File.’

Full practice note

Judiciary of England and Wales, 11th September 2014

Source: www.judiciary.gov.uk

Consultation: Family Transparency – The next steps – Judiciary of England and Wales

Posted August 20th, 2014 in consultations, family courts, pilot schemes, practice directions by tracey

‘This consultation, on behalf of the President of the Family Division, Sir James Munby, invites comments on the next steps of the Transparency reform.’

Consultation

Judiciary of England and Wales, 19th August 2014

Source: www.judiciary.gov.uk

Guidance for the instruction of experts in civil claims 2014 – Civil Justice Council

‘Civil Justice Council issues new guidance on instructing experts in civil claims.’

Full guidance

Civil Justice Council, 13th August 2014

Source: www.judiciary.gov.uk

A new PD for Insolvency Proceedings: minor changes can still trip you up – 11 Stone Buildings

Posted August 7th, 2014 in insolvency, news, practice directions, winding up by sally

‘With very little fanfare indeed, a new Practice Direction for Insolvency Proceedings came into effect on 29 July 2014, replacing that of February 2012. The changes between the 2012 and 2014 Insolvency Practice Directions are minor, but have the potential to trip up practitioners. Thomas Robinson sets out the three main areas to note.’

Full story (PDF)

11 Stone Buildings, August 2014

Source: www.11sb.com

IG Index Ltd v Cloete – WLR Daily

IG Index Ltd v Cloete [2014] EWCA Civ 1128; [2014] WLR (D) 360

‘CPR r 31.22 applied to restrict the use of documents disclosed pursuant to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 and, their replacement, the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

Law Society Sharia wills guidance “cannot change the law”, justice minister says – Legal Futures

‘The government has refused to be drawn into the row over controversial advice from the Law Society on Sharia-compliant wills, but insisted that it “does not, and cannot, change the law”.’

Full story

Legal Futures, 28th July 2014

Source: www.legalfutures.co.uk

The Criminal Practice Directions, revised October 2014 – Judiciary of England and Wales

Posted July 25th, 2014 in costs, criminal procedure, practice directions, press releases by tracey

‘The Criminal Practice Directions, revised October 2014: Summary of Key Changes and Additions.’

Full press release

Judiciary of England & Wales, 23rd July 2014

Source: www.judiciary.gov.uk

Mitchell: conjoined appeals – Law Society’s Gazette

‘Practitioners will be conscious of the ridiculous practice that ensued in the lower courts following the ‘guidance’ dispensed by the Court of Appeal in Mitchell v News Group Newspapers [2013] EWCA Civ 1537 as to the operation and application of rule 3.9 of the Civil Procedure Rules – Relief from Sanction.’

Full story

Law Society’s Gazette, 14th July 2014

Source: www.lawgazette.co.uk

Court of Appeal takes some of the blame for “misunderstood and misapplied” Mitchell ruling – Litigation Futures

‘The Mitchell ruling has been “misunderstood and is being misapplied by some courts”, the Master of the Rolls said today in issuing more detailed guidance on how it should be used – while also recognising that some of the language used in Mitchell may have contributed to the problems.’

Full story

Litigation Futures, 4th July 2014

Source: www.litigationfutures.com

Court of Appeal sets out 3-stage test for applications for relief from sanctions – Local Government Lawyer

‘The Court of Appeal’s ruling today [4 July] in three linked appeals relating to its its earlier judgment in Mitchell will make civil litigation less adversarial and more co-operative, the Law Society has predicted.’

Full story

Local Government Lawyer, 4th July 2014

Source: www.localgovernmentlawyer.co.uk

Mitchell-Game, Set and Match? – NearlyLegal

‘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’

Full story

NearlyLegal, 6th July 2014

Source: www.nearlylegal.co.uk

Can A Consent Order Be Set Aside In Financial Proceedings? – Family Law week

Posted June 20th, 2014 in case management, consent orders, news, practice directions, setting aside by tracey

‘In the light of TF v PJ [2014] EWHC 1780 (Fam), Francis Wilkinson, barrister of Field Court Chambers, asks whether an application to set aside is permissible where there has been a change of circumstances which undermines the basis of a consent order – and suggests an answer.’

Full story

Family Law Week, 18th June 2014

Source: www.familylawweek.co.uk