Thousands of motor finance claims can be brought via omnibus forms – Legal Futures

Posted March 5th, 2025 in case management, class actions, law firms, loans, news by tracey

‘The High Court has overturned a ruling that 5,823 people with motor finance commission claims have to file individual claims, rather than sue via eight omnibus claim forms.’

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Legal Futures, 5th March 2025

Source: www.legalfutures.co.uk

‘Badly amiss’: Judge blasts £100k case wrongly issued in London – Law Society’s Gazette

‘Something had gone “badly amiss” for a six-figure claim over an accident in Wales to be litigated in London’s Royal Courts of Justice, a judge has said.’

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Law Society's Gazette, 4th March 2025

Source: www.lawgazette.co.uk

The limits of discretion in case management decisions – Quarterly Medical Law Review

‘Prescott-Brann v Chelsea and Westminster Hospital NHS Foundation Trust [2024] EWHC 3314 (KB). The underlying claim was an action in clinical negligence. The Claimant’s case was that a negligent delay in the diagnosis and treatment of his stroke had caused or materially contributed to an ongoing thromboembolic event in his left vertebral artery, thereby worsening a neurological injury. The claim was brought against two defendants: the hospital trust and a diagnostic clinician.’

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Quarterly Medical Law Review, 6th February 2025

Source: 1corqmlr.com

Solicitor “cannot complain” to JCIO about judge’s criticism – Legal Futures

‘The High Court has rejected a solicitor and his client’s bid to challenge the Judicial Conduct Investigations Office’s (JCIO) refusal to entertain their complaints about three Court of Appeal judges.’

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Legal Futures, 4th February 2025

Source: www.legalfutures.co.uk

The need to plead a positive case in defence if you have a positive case in defence – Doughty Street Chambers

‘In Man v St George’s University Hospital NHS Foundation Trust [2024] EWHC 1304 (KB), the High Court exercised its case management powers to exclude witness evidence which put forward a positive case on an issue which had been neither admitted or denied in the defence on the basis that the matter was outside the Defendant’s knowledge. The Judge found that this was not permissible. This article considers how this issue arises in the housing disrepair context.’

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Doughty Street Chambers, 28th January 2025

Source: insights.doughtystreet.co.uk

New practice guidance on intermediaries in family courts – Transparency Project

‘New practice guidance ‘The use of Intermediaries, Lay Advocates and Cognitive Assessments in the Family Court’, was issued by the President of the Family Division on 23 January.’

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Transparency Project, 27th January 2025

Source: transparencyproject.org.uk

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