The Jackson Reforms: One year on – Falcon Chambers

‘The anniversary of the implementation of the Jackson reforms looms. Has all the fear and dread it engendered at the time been justified? Views will vary, whether because of temperament or because of preference, but in our view, for what it’s worth, the answer is “yes”. In the sphere of relief from sanctions at least, and in the kind of costs budgeting that we most often face, many of the concerns warned of in advance have come to pass. The by now well-know case of Andrew Mitchell has illustrated the draconian approach being taken by the courts to relief from sanctions, with the support of what appears to be a hand-picked Court of Appeal. The methodology of county courts in dealing with costs budgeting and CCMCs varies widely, making it difficult to predict or advise on procedural issues in the run up to trials and hearings.’

Full story (PDF)

Falcon Chambers, 25th March 2014

Source: www.falcon-chambers.com

Emily MacKenzie: The Lawfulness of Detention by British Forces in Afghanistan – Serdar Mohammed v Ministry of Defence – UK Constitutional Law Association

‘On 2nd May, the High Court held that the UK Government must pay Serdar Mohammed (SM) compensation because British troops detained him unlawfully in Afghanistan. The case raised a myriad of international law issues, which are dealt with elegantly in an extensive judgment by Mr Justice Leggatt. This post will attempt to summarise some of the key issues involved.’

Full story

UK Constitutional Law Association, 2nd June 2014

Source: www.ukconstitutionallaw.org

In re Lehman Brothers (International) (Europe) (in administration) (No 5) – WLR Daily

In re Lehman Brothers (International) (Europe) (in administration) (No 5); Contrarian Funds LLC v Lomas and others [2014] EWHC 1687 (Ch);  [2014] WLR (D)  233

‘Approach of court to applications for extensions of time under the Insolvency Rules 1986 in light of the reformulation of CPR r 3.9 and the test to be applied on an application for relief from sanctions.’

WLR Daily, 23rd May 2014

Source: www.iclr.co.uk

Landowner wins appeal over time limits for village green application – Local Government Lawyer

‘A landowner has defeated an attempt to register as a village green land it owns that was previously the site of a military camp, after the applicant only fulfilled the registration requirements months after the relevant time limit.’

Full story

Local Government Lawyer, 27th May 2014

Source: www.localgovernmentlawyer.co.uk

Lindum Construction Co Ltd and others v Office of Fair Trading – WLR Daily

Posted May 21st, 2014 in appeals, competition, law reports, penalties, restitution, time limits, tribunals by tracey

Lindum Construction Co Ltd and others v Office of Fair Trading: [2014] EWHC 1613 (Ch); [2014] WLR (D) 219

‘Where the statutory requirements for the imposition of a penalty under the Competition Act 1998 had been complied with, the statutory appeal process provided for by the Act was the exclusive route by which such penalty so imposed could be challenged. A party who failed to appeal against a penalty remained bound by it, irrespective of the outcome of any appeals brought by other parties against whom penalties had been imposed under the same decision.’

WLR Daily, 19th May 2014

Source: www.iclr.co.uk

Jackson rules High Court erred in refusing more time – Law Society’s Gazette

Posted May 21st, 2014 in civil justice, disclosure, interpretation, news, time limits by tracey

‘Lord Justice Jackson, architect of the civil justice reforms, has overturned a High Court decision which wrongly interpreted his own changes to the system.’

Full story

Law Society’s Gazette, 19th May 2014

Source: www.lawgazette.co.uk

Prison book ban may face legal challenge – BBC News

Posted May 7th, 2014 in news, prisons, rehabilitation, time limits by sally

‘A government policy that bans books being sent to prisoners in England and Wales may face a legal challenge.’

Full story

BBC News, 7th May 2014

Source: www.bbc.co.uk

Family justice reforms to benefit children – Ministry of Justice

Posted April 24th, 2014 in care orders, children, family courts, press releases, time limits by tracey

‘The largest family justice reforms for a generation will come into effect today.’

Full press release

Ministry of Justice, 22nd April 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

Kaneria v Kaneria and others – WLR Daily

Posted April 24th, 2014 in civil procedure rules, law reports, time limits by tracey

Kaneria v Kaneria and others: [2014] EWHC 1165 (Ch); [2014] WLR (D) 177

‘An in-time application for extension of time was not to be treated as if it were an application for relief from sanctions, but was to be judged against the overriding objective rather than CPR r 3.9. When dealing with an in-time application, the court was not to give paramount status to the considerations of enforcing compliance with rules, Practice Directions and orders.’

WLR Daily, 15th April 2014

Source: www.iclr.co.uk

New Family Court comes into being amid justice reforms – BBC News

Posted April 22nd, 2014 in care orders, delay, divorce, expert witnesses, family courts, news, time limits by sally

‘New combined Family Courts have come into being in England and Wales as part of family justice system reforms.’

Full story

BBC News, 22nd April 2014

Source: www.bbc.co.uk

Family head clamps down on care time limit, but hails pioneering court – Law Society’s Gazette

Posted April 17th, 2014 in care orders, courts, drug abuse, family courts, news, time limits by tracey

‘The Family Drug and Alcohol Court (FDAC) must be a “vital component” of the unified Family Court, the head of the Family Division said in a judgment highlighting the need for strict adherence to the time limit for resolving care cases.’

Full story

Family Law Week, 16th April 2014

Source: www.lawsocietygazette.co.uk

Is Time Running Out For Section 20 of The Children Act? – Family Law Week

Posted April 17th, 2014 in birth, care orders, children, local government, news, social services, time limits by tracey

‘Julie Stather, barrister of 42 Bedford Row, examines the recent use of section 20 and considers its future in the light of the impending 26 week limit for care proceedings.’

Full story

Family Law Week, 16th April 2014

Source: www.familylawweek.co.uk

A Family Justice System Fit for Families – Family Law Week

Posted April 17th, 2014 in children, courts, delay, divorce, family courts, news, time limits by tracey

‘Justice Minister Simon Hughes MP welcomes the family justice changes which come into force on the 22nd April.’

Full story

Family Law Week, 16th April 2014

Source: www.familylawweek.co.uk

Non-Appealing Cartelists Beware – Competition Bulletin from Blackstone Chambers

Posted April 14th, 2014 in appeals, competition, damages, news, Supreme Court, time limits by sally

‘Tucked away at the back of last week’s Supreme Court decision on time-limits for follow-on claims is a very important development for private competition actions.’

Full story

Competition Bulletin from Blackstone Chambers, 13th April 2014

Source: www.competitionbulletin.com

Early learning – New Law Journal

Posted April 10th, 2014 in arbitration, dispute resolution, employment, news, regulations, time limits by sally

‘The early conciliation scheme packs some hidden complexities notes Charles Pigott.’

Full story

New Law Journal, 10th April 2014

Source: www.newlawjournal.co.uk

Nursing and Midwifery Council v Kidd and another – WLR Daily

Posted April 9th, 2014 in disciplinary procedures, law reports, midwives, nurses, service, time limits by sally

Nursing and Midwifery Council v Kidd and another [2014] EWHC 847 (Admin); [2014] WLR (D) 155

‘Where the Nursing and Midwifery Council applied to the High Court under article 31(8) and (9) of the Nursing and Midwifery Order 2001 for the extension of an interim suspension order, the respondent affected by the order should ordinarily receive a minimum of seven calendar days notice of the application.’

WLR Daily, 26th March 2014

Source: www.iclr.co.uk

Life after death – New Law Journal

‘Jonathan Herring explores a clear case of compassion from the courts.’

Full story

New Law Journal, 4th April 2014

Source: www.newlawjournal.co.uk

Domenico Rancadore: DPP admits ‘error’ over Mafia boss extradition – BBC News

‘The director of public prosecutions has admitted an error was made by the Crown Prosecution Service (CPS) during a Mafia boss’s extradition proceedings.’

Full story

BBC News, 28th March 2014

Source: www.bbc.co.uk

Chancery Division to pilot fixed-length trials from May – Litigation Futures

Posted March 20th, 2014 in case management, news, pilot schemes, time limits, trials by tracey

‘A pilot of fixed-ended trials will begin in the Chancery Division in less than six weeks’ time – and parties have been warned that they may be given just 24 hours’ notice that they are to be included in it.’

Full story

Litigation Futures, 20th March 2014

Source: www.litigationfutures.com

Warren v Care Fertility (Northampton) Ltd and another – WLR Daily

Posted March 20th, 2014 in assisted reproduction, consent, human tissue, law reports, time limits, widows by tracey

Warren v Care Fertility (Northampton) Ltd and another: [2014] EWHC 602 (Fam);  [2014] WLR (D)  135

‘Pursuant to section 3 of the Human Rights Act 1998, regulation 4(3)(b) of the Human Fertilisation and Embryology (Statutory Storage Period for Embryos and Gametes) Regulations 2009 was required to be construed in a purposive way so as to ensure compatibility with rights under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 6th March 2014

Source: www.iclr.co.uk