No relief for claimant who went “well beyond” court order – Litigation Futures

Posted June 3rd, 2020 in case management, expert witnesses, news, sanctions, video recordings by sally

‘The High Court has rejected an application for relief from sanctions from a claimant who went “well beyond” the terms of a directions order by obtaining a fully updated report from a medical expert.’

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Litigation Futures, 2nd June 2020

Source: www.litigationfutures.com

Relief from sanctions: An overview and case law update – St Ives Chambers

Posted June 2nd, 2020 in case management, civil procedure rules, coronavirus, news, sanctions by sally

‘In light of the current COVID-19 pandemic, applications for relief from sanctions may become more frequent as deadlines are missed and court orders are not complied with. In three recent cases, the High Court has considered the applicable principles and provided guidance. Now, therefore, seems the ideal time to revisit the applicable principles.’

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St Ives Chambers, 21st May 2020

Source: www.stiveschambers.co.uk

Depp v Denton: Hollywood star pleads for relief from sanctions – Law Society’s Gazette

Posted May 19th, 2020 in defamation, news, sanctions, time limits, witnesses by sally

‘Hollywood superstar Johnny Depp came up against the nuances of civil procedure rules yesterday after he asked for permission to call extra witnesses to his libel trial.’

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Law Society's Gazette, 19th May 2020

Source: www.lawgazette.co.uk

Comply with ADR duty or risk costs sanction – Law Society’s Gazette

‘The recent decision of DSN v Blackpool Football Club Limited [2020] EWHC 670 (QB) illustrates the need for litigating parties to consider and engage with alternative dispute resolution (ADR) procedures in trying to resolve their disputes.’

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Law Society's Gazette, 4th May 2020

Source: www.lawgazette.co.uk

Limitation and Time Limits in Civil Litigation: Implications of Covid 19 – 23 Essex Street

‘Whilst legislation is being rushed through dealing with significant aspects of work undertaken by the legal profession, addressing major societal issues such as housing, crime and the need to conduct hearings remotely, there are many more areas directly impacted by the current circumstances that have not / cannot be legislated for. This article considers the effect of the pandemic on statutory limitation periods and applications for relief from sanctions.’

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23 Essex Street, 9th April 2020

Source: www.23es.com

Denton Resource – St John’s Chambers

‘This most recent edition of the Denton Resource includes, in a thematic at-a-glance format, over 200 post-Denton cases decided up to 31 December 2019. It will be of interest to practitioners in all fields of civil litigation dealing with applications where the three-stage Denton approach is to be applied.’

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St John's Chambers, 10th February 2020

Source: www.stjohnschambers.co.uk

Inadequate time estimates a “problem” in Commercial Court – Litigation Futures

Posted February 19th, 2020 in Commercial Court, delay, news, sanctions by sally

‘Parties under-estimating the time required to argue applications in the Commercial Court – especially where the parties seek a Friday listing – is a “significant current problem”, a judge has warned.’

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Litigation Futures, 19th February 2020

Source: www.litigationfutures.com

Tribunal lifts practising controls from ABS accountant – Legal Futures

‘The Solicitors Disciplinary Tribunal (SDT) has lifted practising restrictions on a finance director who was sanctioned less than three years ago, over the objections of the Solicitors Regulation Authority (SRA).’

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Legal Futures, 11th November 2019

Source: www.legalfutures.co.uk

‘How Did Liverpool Escape League Cup Expulsion?’ – Ashley Cukier on the EFL Disciplinary Panel’s Decision – Littleton Chambers

Posted November 1st, 2019 in disciplinary procedures, fines, news, professional conduct, sanctions, sport by sally

‘The English Football League (“EFL”) yesterday [3 October] announced that Liverpool FC had been found guilty of misconduct and fined £200,000 – of which £100,000 will be suspended until the end of Season 2020/21 – for having breached EFL Rules by fielding an ineligible player in their League Cup third round match against Milton Keynes Dons. The sanction has raised eyebrows in some parts: in 2016 the EFL, in an ostensibly more severe sanction, deducted 3 points from Bury FC for fielding an ineligible player and, as recently as last month, Grays Athletic FC were expelled from the FA Cup for the same offence. In the latest edition of the Littleton Sports Group’s ‘Five Things You Need to Know’ series, Ashley Cukier considers the sanction handed to Liverpool by the EFL Board.’

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Littleton Chambers, 3rd October 2019

Source: www.littletonchambers.com

Serious misconduct is not always a banning offence, High Court rules – Law Society’s Gazette

Posted October 29th, 2019 in disciplinary procedures, fraud, news, sanctions, solicitors by tracey

‘The High Court has opted not to ban a solicitor caught up in a property scam, saying a finding of serious misconduct should not always result in such a penalty.’

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Law Society's Gazette, 28th October 2019

Source: www.lawgazette.co.uk

Rent payments, unless orders and relief from sanction – Nearly Legal

Posted October 21st, 2019 in appeals, landlord & tenant, news, rates, rent, sanctions by sally

‘This is not really a housing case, being a commercial lease dispute, but there are a couple of points about relief from sanction and rent payments that are worthy of noting.’

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Nearly Legal, 16th October 2019

Source: nearlylegal.co.uk

Applications for time extensions not the same as relief from sanctions – Litigation Futures

Posted August 29th, 2019 in civil procedure rules, news, sanctions, time limits by tracey

‘Applications for time extensions to take a particular step in litigation are not applications for relief from sanctions provided they are made within the permitted period, the High Court has ruled.’

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Litigation Futures, 29th August 2019

Source: www.litigationfutures.com

Environmental Law News Update – Six Pump Court

Posted July 3rd, 2019 in canals, charities, environmental protection, news, sanctions, waste, water by sally

‘In this latest Environmental Law News Update, Christopher Badger considers the decision by Ofwat to impose a financial penalty on Southern Water for failings in the performance of its wastewater operations, the imposition of over £3.7 million of civil sanctions on charitable organisations for environmental offences and further developments in the Manchester Ship Canal case.’

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Six Pump Court, 26th June 2019

Source: www.6pumpcourt.co.uk

Security for costs sanction for party that ignored CMC deadline – Litigation Futures

‘The High Court has ordered a party that missed the deadline to fix the date of a case management conference (CMC) by more than four years to pay security for costs as a sanction.’

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Litigation Futures, 21st June 2019

Source: www.litigationfutures.com

Late payer granted costs relief as judge calls for ‘sense of perspective’ – Law Society’s Gazette

Posted April 11th, 2019 in appeals, costs, news, sanctions, time limits by sally

‘A Court of Appeal judge has granted relief from sanctions for a litigant who was 17 hours late satisfying a court order.’

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Law Society's Gazette, 9th April 2019

Source: www.lawgazette.co.uk

Knife crime: Suspects could be banned from social media – BBC News

Posted January 31st, 2019 in children, crime prevention, internet, news, offensive weapons, sanctions, young persons by tracey

‘New powers to control suspects thought to be carrying knives are being introduced by the government in a bid to cut rising violence. Knife Crime Prevention Orders would impose sanctions, including bans on using social media to stir up trouble. The orders would target anyone aged 12 or over suspected of being involved in knife crime – even if they have not been caught with a blade.’

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BBC News, 31st January 2019

Source: www.bbc.co.uk

Leading firm left with court fees budget after late service – Litigation Futures

Posted December 7th, 2018 in budgets, case management, costs, fees, indemnities, law firms, news, sanctions, service by tracey

‘A leading national law firm that served its budget late has failed in an application for relief from sanctions only made on the day of the case and costs management conference (CCMC).’

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Litigation Futures, 7th December 2018

Source: www.litigationfutures.com

Former council leader renews bid for judicial review of finding on sexual harassment – Local Government Lawyer

‘A former leader of Devon County Council has been refused permission to judicially review its decision to sanction him for sexual harassment.’

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Local Government Lawyer, 29th November 2018

Source: www.localgovernmentlawyer.co.uk

No implied sanction for failure to serve medical report – Litigation Futures

Posted November 29th, 2018 in appeals, civil procedure rules, news, personal injuries, sanctions, service by tracey

‘There is no implied sanction for failing to serve a medical report, the High Court has ruled, reinstating a complex personal injury claim which had been struck out.’

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Litigation Futures, 29th November 2018

Source: www.litigationfutures.com

SRA seeks protection over transgender disclosures – Legal Futures

‘The Solicitors Regulation Authority (SRA) is pushing for protection for staff from criminal sanctions for disclosing information relating to transgender solicitors and other law firm staff.’

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Legal Futures, 20th November 2018

Source: www.legalfutures.co.uk