Court of Appeal finds against Shell in environmental claims over oil spills – Law Society’s Gazette

Posted December 17th, 2024 in case management, environmental protection, jurisdiction, news, pleadings, pollution by tracey

‘The Court of Appeal has allowed a challenge against a declaration that claims against Shell over oil spills in the Niger Delta region in Nigeria were “global claims”, finding that the right of a litigant to bring a claim and determine how it is proved “should be respected in all normal circumstances”.’

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Law Society's Gazette, 16th December 2024

Source: www.lawgazette.co.uk

The View from the Bench – a speech by Mr Justice Fordham to the Hart Judicial Review Conference – Courts and Tribunals Judiciary

Posted December 10th, 2024 in case management, electronic filing, judicial review, judiciary, news, speeches by tracey

‘Mr Justice Fordham delivered a speech as part of the Hart 18th Annual Judicial Review Conference on Friday 6 December 2024.’

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Courts and Tribunals Judiciary, 6th December 2024

Source: www.judiciary.uk

CoA rejects late claim in spite of its merits – Law Society’s Gazette

Posted December 2nd, 2024 in appeals, case management, damages, news, striking out, time limits by tracey

‘The Court of Appeal has ruled that a litigant who missed a deadline should not have been granted leniency merely because she appeared to have a strong case.’

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Law Society's Gazette, 2nd December 2024

Source: www.lawgazette.co.uk

Improvement or remediation, or both? – Local Government Lawyer

‘Robert Bowker considers how the First-tier Tribunal (FTT) has dealt with fire safety cases where an improvement notice under the Housing Act 2004 has been served and an application for a remediation order under s. 123 of the Building Safety Act 2022 has been made.’

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Local Government Lawyer, 6th November 2024

Source: www.localgovernmentlawyer.co.uk

Legal issue on ‘negligent’ advice from NHS England arises in long Covid litigation – Law Society’s Gazette

‘A judge has declined to decide whether NHS trusts which relied on ‘negligent’ advice from NHS England during the pandemic are liable for frontline healthcare workers’ long Covid.’

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Law Society's Gazette, 31st October 2024

Source: www.lawgazette.co.uk

Claimant in personal injury case against council penalised over “unrealistic and inappropriately ambitious” approach to estimated costs – Local Government Lawyer

Posted September 12th, 2024 in accidents, budgets, case management, costs, news, personal injuries by tracey

‘Master Thornett has ordered a 35% reduction in the claimed budget of a man who suffered an accident while working for Thurrock Council.’

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Local Government Lawyer, 12th September 2024

Source: www.localgovernmentlawyer.co.uk

The Art of the Award: Delivering an Arbitral Award in a Financial Remedies Case – Financial Remedies Journal

Posted September 9th, 2024 in arbitration, case management, families, financial dispute resolution, news by tracey

‘Like advocacy, award writing is a solitary and idiosyncratic art. No doubt others use different brush strokes. These are my tips for award writing.’

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Financial Remedies Journal, 5th September 2024

Source: financialremediesjournal.com

Appeal judge bemoans ‘trench warfare’ of litigation tactics – Law Society’s Gazette

Posted August 12th, 2024 in case management, disclosure, freezing injunctions, news, Scotland by tracey

‘The Court of Appeal has thrown out a freezing order challenge in a ruling where two judges made scathing criticisms of disclosure failings.’

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Law Society's Gazette, 9th August 2024

Source: www.lawgazette.co.uk

A Paradigm Case for Non-court Dispute Resolution – Becket Chambers

‘The court’s duty to further the overriding objective by actively case managing has been given added impetus by the revisions to FPR Part 3 and Part 28 which came into effect on the 29 April 2024.’

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Becket Chambers, 23rd July 2024

Source: becket-chambers.co.uk

Decision to exclude mother as future carer was marred by procedural irregularity, Court of Appeal finds – Local Government Lawyer

Posted June 27th, 2024 in care orders, carers, case management, domestic violence, news by sally

‘A case management hearing during which a mother was excluded as a future carer for her child was unjust because of a procedural irregularity and must be heard by a different judge or recorder, the Court of Appeal has ruled.’

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Local Government Lawyer, 27th June 2024

Source: www.localgovernmentlawyer.co.uk

Remediation orders – is the FTT being consistent? – Tanfield Chambers

‘This article examines whether the FTT’s recent decision in the Vista Tower case (CAM/26UH/HYI/2022/004, available on the FTT’s web-site) demonstrates a discernible pattern of decision-making following its first remediation order. The article will not comment on the terms of the order made in Vista Tower: that will be the subject of a later article. Instead, it will focus on the FTT’s approach to case management and whether its decision to make a remediation order was consistent with the reasoning in previous decisions. Obviously, consistency in approach, both in terms of case management and the final decision, will enable practitioners in this developing area of work to advise clients with greater certainty. In the absence of an appeal decision on remediation orders, consonance in first instance decisions will be welcome.’

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Tanfield Chambers, 16th May 2024

Source: www.tanfieldchambers.co.uk

NA v LA [2024] EWFC 113 – 1 GC: Family Law

‘Sapna Jain has written a case summary for the recent case of NA v LA [2024] EWFC 113 for Family Law Week.’

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1 GC: Family Law, 4th June 2024

Source: www.familylawweek.co.uk

A warning for housing lawyers – Local Government Lawyer

‘Stefan Liberadzki discusses the new Intermediate Track and fixed costs.’

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Local Government Lawyer, 8th May 2024

Source: www.localgovernmentlawyer.co.uk

Judges allow appeal over flawed reasoning in fact-finding judgment – Local Government Lawyer

‘The Court of Appeal have allowed a challenge by the parents of a young girl to a finding made in care proceedings that, when she was a small baby, she suffered an abusive head injury inflicted by one or other of the parents.’

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Local Government Lawyer, 16th April 2024

Source: www.localgovernmentlawyer.co.uk

Report calls for major overhaul of BSB enforcement processes – Legal Futures

‘The Bar Standards Board (BSB) has the right approach to dealing with complaints about barristers’ conduct but there are “a large number of areas” for improvement, a major review has concluded.’

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Legal Futures, 12th April 2024

Source: www.legalfutures.co.uk

Making final determinations in the Court of Protection – Local Government Lawyer

‘Clare Middleton analyses a Court of Protection judgment concerning an important decision taken at a procedural hearing.’

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Local Government Lawyer, 5th April 2024

Source: www.localgovernmentlawyer.co.uk

Firm avoids wasted costs order despite ‘reprehensible’ mistakes – Law Society’s Gazette

Posted March 28th, 2024 in case management, delay, law firms, news, personal injuries, wasted costs orders by tracey

‘The High Court has rejected a client’s bid for a wasted costs order against his former solicitors – despite being heavily critical of repeated failings in running the case.’

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Law Society's Gazette, 27th March 2024

Source: www.lawgazette.co.uk

‘Disrespectful of the rule of law’? – Doughty Street Chambers

‘In Maleci (Non-admission of late evidence) [2024] UKUT 00028 (IAC) the Upper Tribunal, chaired by the President, has sought to address a long-running problem in both tiers of the Immigration and Asylum Chamber: the Home Office’s failure to comply with directions or co-operate in proper case management.’

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Doughty Street Chamber, 22nd February 2024

Source: insights.doughtystreet.co.uk

Lawyers can recover costs of attending rehab meetings “in principle” – Legal Futures

Posted March 18th, 2024 in appeals, case management, costs, damages, news, personal injuries, solicitors by tracey

‘The Court of Appeal has overturned a significant ruling last year that the costs of a fee-earner’s attendance at rehabilitation case management meetings are irrecoverable.’

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Legal Futures, 18th March 2024

Source: www.legalfutures.co.uk

Court of Appeal delivers boost for claimant lawyers on costs principle – Law Society’s Gazette

Posted March 18th, 2024 in appeals, case management, costs, damages, law firms, news, personal injuries, solicitors by tracey

‘Claimant lawyers will breath a sigh of relief today after the Court of Appeal ruled that costs of attending rehabilitation case management meetings could in principle be recovered.’

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Law Society's Gazette, 15th March 2024

Source: www.lawgazette.co.uk