‘It would be disproportionate and unjust to strike down a Precedent H budget that was signed by a firm’s in-house costs draftsman, rather than by a “senior legal representative”, the High Court has ruled.’
Litigation Futures, 16th June 2014
Source: www.litigationfutures.com
‘The public is being put at risk by a “political and policy failure” in jails which risks boiling over this summer, the prisons’ inspectorate has warned as the government admitted more inmates would have to share cells to cope with an unexpected rise in numbers.’
The Guardian, 14th June 2014
Source: www.guardian.co.uk
‘Lawyers warn of ‘huge delays’ in family court cases as number of parents facing prospect of representing themselves jumps 48 per cent’
Daily Telegraph, 7th June 2014
Source: www.telegraph.co.uk
‘The Strasbourg Court has ruled that local authorities are within their margin of discretion to balance individuals’ personal interests against the more general interest of the competent public authority in carrying out their social responsibility of provision of care to the community at large.’
UK Human Rights Blog, 7th June 2014
Source: www.ukhumanrightsblog.com
‘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
‘There has long been a tension between two competing public interests: encouraging individuals to save and provide for their financial security in old age on the one hand and providing recourse for creditors in the event of debtors being unable to pay their debts on the other. Historically, the legislative trend has generally been in favour of the creditor. The Welfare Reform and Pensions Act 1999 (“WRPA 99”), which came into force on 29 May 2000, appeared to provide fundamental changes to the relationship between these two competing policies. In 2012, however, when these reforms came before the court in Raithatha v Williamson the result indicated that WRPA 99 may have been far less significant than was previously supposed. If Williamson was correctly decided, then the changes to pension law introduced in the March 2014 Budget will have effectively unravelled those reforms altogether. Alaric Watson explains.’
11 Stone Buildings, May 2014
Source: www.11sb.com
‘Master of the rolls Lord Dyson is to hear three consecutive appeals over two days in an effort to clarify the post-Mitchell landscape on compliance with case management rules.’
Law Society’s Gazette, 3rd June 2014
Source: www.lawgazette.co.uk
‘Almost half of all parents fighting to get access to their children through the courts are being made to do so without legal advice, family magistrates warn today.’
The Independent, 1st June 2014
Source: www.independent.co.uk
‘The Lord Chief Justice has said the country has a “once in a lifetime” opportunity to build a proper court IT system, and failing to make a success of it would be a “disaster”. In a strongly-worded speech highly critical of previous court IT failures, Lord Thomas said that if the Courts Service and the judiciary squandered the £300-£400m promised by the Treasury, it would “not be forgotten” and “we would not be given that money again”.’
Litigation Futures, 21st May 2014
Source: www.litigationfutures.com
‘A disabled former ballerina who has been locked in a six-year legal battle with her local council over night-time care has forced a “landmark” ruling which could make social workers consider the “dignity” of the elderly when assessing care provisions, age campaigners have said.’
Daily Telegraph, 20th May 2014
Source: www.telegraph.co.uk
‘Maureen N Obi-Ezekpazu, FRSA, Barrister and Mediator, Family Matters, asks what can be done to help the plight of young mothers who have had several children permanently removed.’
Family Law Week, 18th May 2014
Source: www.familylawweek.co.uk
‘Jessica Craigs, senior solicitor, and David Salter, Joint Head of Family Law, both of Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in April.’
Family Law Week, 17th May 2014
Source: www.familylawweek.co.uk
‘There has been a large increase in unrepresented claimants, outbreaks of courtroom violence, extra litigation and increased costs, according to senior judges who have criticised the impact of legal aid cuts in the family courts.’
The Guardian, 14th May 2014
Source: www.guardian.co.uk
‘Why were drug courts set up?
The introduction of drug courts in the UK has followed a slightly different trajectory to other jurisdictions, where drug courts filled an important gap in the range of community-based sanctions available to the courts to deal with drug-related crime.’
Halsbury’s Law Exchange, 13th May 2014
Source: www.halsburyslawexchange.co.uk
‘Angela Patrick, Director of Human Rights Policy at JUSTICE, summarises the important Joint Committee on Human Rights report “The implications for access to justice of the Government’s proposals to reform judicial review”.’
UK Human Rights Blog, 30th April 2014
Source: www.ukhumanrightsblog.com
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