High Court refuses relief after bid to serve late witness statement but issues “note of caution” – Litigation Futures

Posted December 19th, 2013 in civil procedure rules, news, time limits, witnesses by tracey

‘The High Court has issued guidance on how to serve late witness statements in certain circumstances without falling foul of the Mitchell ruling, after refusing relief from sanction when a party tried to do just that on the first day of trial.’

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Litigtation Futures, 19th December 2013

Source: www.litigationfutures.com

Court of Appeal cites Mitchell to refuse relief – Law Society’s Gazette

Posted December 19th, 2013 in appeals, case management, costs, news, police, time limits, witnesses by tracey

‘The Court of Appeal has cited the landmark Mitchell costs case for the first time to reject a defendant’s plea for relief from sanctions.’

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Law Society’s Gazette, 18th December 2013

Source: www.lawgazette.co.uk

Mitchell ruling “not an enhanced tactical weapon” for non-defaulting parties – Litigation Futures

Posted December 16th, 2013 in appeals, costs, default judgments, jurisdiction, news, time limits by sally

‘The new emphasis on courts considering a “wide range of interests” beyond just those of the parties before them when deciding applications for relief from sanctions is not “an enhanced tactical weapon” for non-defaulting parties, the High Court warned last week.’

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Litigation Futures, 16th December 2013

Source: www.litigationfutures.com

Court of Appeal decision on limitation periods could have adverse consequences for contracting parties, says expert – OUT-LAW.com

Posted December 13th, 2013 in appeals, construction industry, contracts, limitations, news, time limits by sally

‘A recent court decision which changed the point at which the six years within which a contractor must begin litigation in the courts starts to run could lead to uncertainty for the successful party to an earlier adjudication, an expert has said.’

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OUT-LAW.com, 12th December 2013

Source: www.out-law.com

Exclusive: High Court grants first post-Mitchell relief from sanctions – Litigation Futures

Posted December 13th, 2013 in civil procedure rules, news, time limits by sally

‘The relationship between justice and procedure “has not changed so as to transform rules and rule compliance into trip wires”, the High Court said this week in the first significant post-Mitchell ruling where relief from sanctions was granted.’

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Litigation Futures, 13th December 2013

Source: www.litigation.com

Unfair dismissal complaint ‘not reasonably practicable’ despite lack of medical evidence – No. 5 Chambers

Posted December 12th, 2013 in appeals, employment tribunals, news, time limits, unfair dismissal by sally

‘The EAT, Mr Justice Langstaff sitting alone, has recently looked again at the application of the ‘reasonably practicable’ test in circumstances where a claim for unfair dismissal was lodged after the three month deadline had expired.’

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No. 5 Chambers, 4th December 2013

Source: www.no5.com

‘Let me keep my dead husband’s sperm’ – BBC News

Posted December 4th, 2013 in assisted reproduction, consent, families, human tissue, news, pregnancy, time limits by sally

‘A woman has begun a legal bid to prevent her dead husband’s frozen sperm from being destroyed.’

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BBC News, 4th December 2013

Source: www.bbc.co.uk

Children and Families Bill 2013 – all change, but is it for the better? – Halsbury’s Law Exchange

Posted December 3rd, 2013 in adoption, bills, care orders, children, families, fostering, news, time limits by sally

‘The Children and Families Bill 2013 represents one of the biggest shake-ups of the law relating to family life in years.’

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Halsbury’s Law Exchange, 3rd december 2013

Source: www.halsburyslawexchange.co.uk

Black chef suing boss after he used word ‘golliwog’ during conversation about Robertson’s jam – Daily Telegraph

Posted December 3rd, 2013 in harassment, news, racism, time limits, tribunals by sally

‘The chef’s lawyers are battling to convince judges the word is inherently offensive to black people and almost always discriminatory – no matter in what context it is used.’

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Daily Telegraph, 2nd December 2013

Source: www.telegraph.co.uk

Blythe v Ministry of Defence – WLR Daily

Posted November 29th, 2013 in consent orders, damages, law reports, time limits by sally

Blythe v Ministry of Defence [2013] WLR (D) 457

“The court had power to extend the time specified in a consent order for an award of provisional damages made under RSC Ord 37, r 8 for the claimant to make an application for further damages notwithstanding that the claimant’s application for an extension was not made until after the expiry of the specified period.”

WLR Daily, 25th November 2013

Source: www.iclr.co.uk

Court of Appeal upholds strict costs rule in Mitchell case – Law Society’s Gazette

Posted November 27th, 2013 in appeals, budgets, costs, defamation, fees, media, news, solicitors, time limits by tracey

‘The Court of Appeal today upheld a strict costs judgment in a landmark case which establishes the court’s post-Jackson hardline approach to costs budgeting.’

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Law Society’s Gazette, 27th November 2013

Source: www.lawgazette.co.uk

Inheritance Act Claims – Delay at your Peril – Zenith Chambers

Posted November 19th, 2013 in appeals, delay, divorce, news, time limits, wills by sally

“Nicola Phillipson, Zenith Chambers, examines the case of Berger v Berger where the Court of Appeal refused permission to the appellant to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 almost six years out of time.”

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Zenith Chambers, 5th November 2013

Source: www.zenithchambers.co.uk

Extradition: why the government is wrong to remove the automatic right to appeal – Halsbury’s Law Exchange

“The government has come under fire from extradition and human rights practitioners for seeking to remove the automatic right of appeal in extradition cases.”

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Halsbury’s Law Exchange, 15th November 2013

Source: www.halsburyslawexchange.co.uk

Romany Travellers win permission for judicial review over site provision – Local Government Lawyer

“A High Court judge has given a group of Romany Travellers permission for a judicial review over a council’s decision to evict them from an unauthorised site on Green Belt land.”

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Local Government Lawyer, 18th November 2013

Source: www.localgovernmentlawyer.co.uk

Get your excuses for your excuses in early – NearlyLegal

Posted November 14th, 2013 in appeals, delay, homelessness, local government, news, solicitors, time limits by tracey

“Poorsalehy v Wandsworth LBC (2013) QBD 07/11/2013. A cautionary tale, albeit one that was rather hard on Mr Poorsalehy. Mr P had applied to Wandsworth as homeless. His application was rejected by s.184 decision and the s.202 upheld the decision.”

Full story

NearlyLegal, 13th November 2013

Source: www.nearlylegal.co.uk/blog/

Jackson: 6 months on – Zenith Chambers

Posted October 30th, 2013 in appeals, budgets, civil procedure rules, claims management, costs, news, time limits by sally

“It is now almost 6 months since the Brave New World of Jackson. This article considers the impact of the reforms and stated ‘culture change’.”

Full story (PDF)

Zenith Chambers, 25th October 2013

Source: www.zenithchambers.co.uk

Jackson: six months on – New Law Journal

Posted October 30th, 2013 in appeals, budgets, civil procedure rules, claims management, costs, news, time limits by sally

“Dominic Regan serves up a survival guide.”

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New Law Journal, 29th October 2013

Source: www.newlawjournal.co.uk

Failure to respond to FOI request more promptly than ‘long stop’ 20 days deadline needs to be justified, says watchdog – OUT-LAW.com

“Public authorities may need to maintain a record to justify why they are unable to respond to freedom of information (FOI) requests more promptly than within 20 working days after the Information Commissioner’s Office (ICO) released new guidance.”

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OUT-LAW.com, 8th October 2013

Source: www.out-law.com

Refusal of relief from sanctions also highlights negligence risk for solicitors, warns QC – Litigation Futures

Posted October 9th, 2013 in disclosure, negligence, news, sanctions, solicitors, time limits by sally

“The latest High Court decision refusing relief from sanctions shows how tough the courts are becoming in implementing the Jackson reforms, a QC has warned.”

Full story

Litigation Futures, 9th October 2013

Source: www.litigationfutures.com

KNN Colburn LLP v GD City Holdings Ltd – WLR Daily

Posted October 8th, 2013 in electronic mail, law reports, time limits by sally

KNN Colburn LLP v GD City Holdings Ltd [2013] EWHC 2879 (QB); [2013] WLR (D) 369

“A referral notice that was not accompanied by copies of relevant extracts from the contract and other such documents on which the referring party intended to rely was sufficient to start time running for the purposes of the time limit set out in paragraph 19(1) of the Scheme for Construction Contracts set out in the Schedule to the Scheme for Construction Contracts (England and Wales) Regulations 1998.”

WLR Daily, 2nd October 2013

Source: www.iclr.co.uk