‘FOCUS: Growing support for the use of digital technology in the UK courts means it is now easier and quicker for parties to litigation to view and exchange court papers.’
OUT-LAW.com, 15th November 2016
Source: www.out-law.com
‘Francis Kendall reports on a positive result for costs budgeting.’
New Law Journal, 18th October 2016
Source: www.newlawjournal.co.uk
‘A judge has warned against unfairness to litigants in person caused by late service of documents.’
Local Government Lawyer, 12th October 2016
Source: www.localgovernmentlawyer.co.uk
‘Lord Justice Jackson said today that his call to extend fixed recoverable costs to the lower reaches of the multi-track is not an admission that costs management has not worked.’
Litigation Futures, 13th October 2016
Source: www.litigationfutures.com
‘The High Court has issued a warning to lawyers over dumping legal documents on litigants in person (LiPs) at the door of the court.’
Litigation Futures, 6th October 2016
Source: www.litigationfutures.com
‘Courts can make a costs management order in relation to litigant in person (LiP) costs, and LiPs can recover costs where they obtain assistance from lawyers short of them having conduct of the case, the chief Chancery master has ruled.’
Litigation futures, 19th September 2016
Source: www.litigationfutures.com
‘Is 2016 the year of technology assisted review, ask Andy McGregor & Daniel Wyatt.’
New Law Journal, 17th August 2016
Source: www.newlawjournal.co.uk
‘The chief Chancery master has ordered that a case be cost-managed after its £13m value was not disclosed in the claim form, finding that anyway there were “positive reasons why cost management is desirable”.’
Litigation Futures, 22nd August 2016
Source: www.litigationfutures.com
‘A High Court judge has criticised the conduct of the parties and solicitors on both sides of a personal injury dispute for engaging in the type of “attritional warfare” that has been dying out.’
Litigation Futures, 3rd August 2016
Source: www.litigationfutures.com
‘One of the most important aspects of the Jackson Reforms relates to costs budgeting and the use of Precedent H.’
New Law Journal, 26th July 2016
Source: www.newlawjournal.co.uk
‘Disclosure of documents is a significant driver of costs. Where the relevant documents are electronic, the problem is usually exacerbated. This is simply because the vast majority of documents are now created electronically and the proliferation and storage capacity of day-to-day IT equipment is such that the amount of information available may be enormous.’
Hardwicke Chambers, 21st July 2016
Source: www.hardwicke.co.uk
‘The fact that a clinical negligence case had become a quantum-only dispute did not take it out of the costs management regime, meaning that the claimant’s failure to serve a costs budget restricted its recoverable costs to the court fees only, the Court of Appeal has ruled.’
Litigation Futures, 25th July 2016
Source: www.litigationfutures.com
‘In the aftermath of the EU referendum, observers of British politics have been treated to a Shakespearean orgy of bloodletting, mud-slinging, defenestrating, and back-stabbing. Lawmakers of all parties are settling scores and jostling for position.’
Littleton Chambers, 7th July 2016
Source: www.littletonchambers.com
‘A party’s failure to provide a properly paginated bundle to the High Court has led to the adjournment of key parts of its application for summary judgment and a costs order.’
Litigation Futures, 14th June 2016
Source: www.litigationfutures.com
In re A (A Child) (Baby Relinquished for Adoption: Case Management) [2016] EWFC 25
‘A, a baby born in England to Latvian parents, was relinquished at birth for adoption and quickly placed with foster parents who were approved to adopt. On the understanding that there was no one within the extended natural family, either in England or in Latvia, in a position to care for A, and with the consent of the birth parents given in accordance with sections 19 and 20 of the Adoption and Children Act 2002, the local authority proceeded to convert A’s short-term arrangements to an adoptive placement and notified the Latvian central authority of A’s situation. The foster parents, with whom A had lived for much of his life, applied to adopt him. The Latvian central authority, having made its own enquiries of relatives in Latvia, identified the maternal grandmother as a potential long-term carer for A, had completed a favourable preliminary suitability assessment and commissioned a full suitability assessment. The central authority opposed the adoption of A in England and submitted its concerns that the approach of the English courts towards adoption cases placed insufficient weight on the rights of a child to grow up in his inherited culture and was therefore potentially contrary to articles 36 and 37 of the Vienna Convention on Consular Relations 1963 and a breach of articles 8 and 20 of the United Nations Convention on the Rights of the Child 1989. The birth mother, who had deliberately not informed her wider family in Latvia of the proposed adoption, continued to support adoption by the foster parents, maintaining her opinion that an education and upbringing in England would be in A’s best interests and that her mother would find it difficult physically and financially to care for A. At a case management hearing, the children’s guardian appointed for A recommended an adjournment to enable completion of the grandmother’s assessment. In circumstances where the prospective adopters, the birth parents and the local authority all supported the adoption, where factors from the welfare checklist in section 1(4) of the 2002 Act pointed towards adoption, and where a delay in making a decision was likely to prejudice A’s welfare, the issue before the judge was whether he should make an adoption order without having considered the substantial assessment of the suitability of the maternal grandmother in Latvia as A’s long-term carer.’
WLR Daily, 6th May 2016
Source: www.iclr.co.uk
‘How should a local authority approach a case where a baby is relinquished for adoption at birth by parents whose home country is not (or not necessarily) the United Kingdom and his or her parents do not seek to contest an adoption in the UK? This was a very interesting case in which William Tyler QC of Park Square Barristers represented the Local Authority.’
Park Square Barristers, 1st June 2016
Source: www.parksquarebarristers.co.uk
‘Ministers are to scrap the serious case review system used when children have suffered severe harm.’
Local Government Lawyer, 1st June 2016
Source: www.localgovernmentlawyer.co.uk
‘The High Court has backed the use of predictive coding in a litigation disclosure exercise, in what is being reported as the first use of the technology without the consent of all parties.’
OUT-LAW.com, 25th May 2016
Source: www.out-law.com
‘The Civil Justice Council (CJC) has decided not to back a new housing court to deal with all property disputes, despite support for the move among lawyers in the sector.’
Litigation Futures, 23rd May 2016
Source: www.litigationfutures.com
‘The senior judiciary agrees with Lord Justice Jackson that fixed recoverable costs should not be introduced in clinical negligence cases in isolation, but as part of their extension across the entire fast-track and ‘lower’ end of the multi-track, it has emerged.’
Litigation Futures, 23rd May 2016
Source: www.litigationfutures.com
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