‘Approach of court to applications for extensions of time under the Insolvency Rules 1986 in light of the reformulation of CPR r 3.9 and the test to be applied on an application for relief from sanctions.’
WLR Daily, 23rd May 2014
Source: www.iclr.co.uk
‘Regular readers of this blog (when it is accessible) will know that we are a housing law blog. However, housing law (for the most part) is covered by the overarching umbrella of civil law and we do therefore occasionally cover the odd important non-housing civil law development. It is for that reason that we have been following with interest (as is every single civil lawyer in England and Wales) the “fall-out” from the Jackson reforms.’
NearlyLegal, 23rd May 2014
Source: www.nearlylegal.co.uk
In re S (Children) (Care Proceedings: Fact-finding Hearings) [2014] EWCA Civ 638; [2014] WLR (D) 217
‘Reiterating the inappropriateness of separate fact-finding hearings in most care proceedings, it was essential that if there was to be a separate fact-finding hearing, the ambit of the hearing should be clearly defined and understood by all and, if the ambit altered as the case proceeded, that the adjustment was promptly reflected in the schedule of findings sought and that there was an authentic, definitive record of precisely what findings the judge had made.’
WLR Daily, 14th May 2014
Source: www.iclr.co.uk
‘Byron James, barrister, Fourteen considers the utility of OS/DS hearings in the resolution of financial remedies disputes.’
Family Law Week, 2nd May 2014
Source: www.familylawweek.co.uk
‘The Court of Appeal last week handed down judgment in the case of Chartwell Estate Agents v. Fergies Property & Anor. [2014] E. W. C. A. Civ. 506. It is an important decision for all civil practitioners, as it deals directly with the question of relief from sanction under the modified Rule 3.9 of the Civil Procedure Rules, and mollifies to some extent the (at least perceived) harshness of the rule in Mitchell v. News Group Newspapers [2014] 1 W. L. R. 795 – so much so that the Westlaw service run by respected legal publishers Sweet & Maxwell now state that the Mitchell decision has received “mixed or mildly negative judicial treatment”.’
The Barristers’ Hub, 23rd April 2014
Source: www.barristershub.co.uk
‘Louise McCallum, barrister at Zenith Chambers, Leeds, looks at the new Child Arrangements Programme that came into force on 22 April 2014.’
Family Law Week, 23rd April 2014
Source: www.familylawweek.co.uk
Kershaw v Roberts and another: [2014] EWHC 1037 (Ch); [2014] WLR (D) 168
‘Claims issued under CPR Pt 8 were not automatically allocated to the multi-track with the result that the provisions of CPR Pt 29 and the costs management provisions in section II of CPR Pt 3 were of no application unless and until the claim had been allocated to the multi-track by the procedural judge considering the claim.’
WLR Daily, 10th April 2014
Source: www.iclr.co.uk
‘A claimant has failed in a High Court Mitchell bid to argue that an initial hearing amounted to a case management conference (CMC) and should be subject to budgeting rules.’
Law Society’s Gazette, 14th April 2014
Source: www.lawgazette.co.uk
‘Alongside the continued wave of decisions on relief from sanctions applications, a few decisions are
now coming through that reflect the general shift in approaches to case management that many
practitioners may have encountered for themselves.’
Littleton Chambers, 2nd April 2014
Source: www.littletonchambers.com
‘In Chandra & ors v Brooke North [2013] EWCA Civ 1559 the Court of Appeal gives practitioners and courts useful guidance about the correct approach to applications to amend introducing new claims outside limitation periods. The history of the case is a demonstration of the procedural knots and costly consequences for the parties that can be created when the lower courts go further than they should.’
Hardwicke Chambers, 13th March 2014
Source: www.hardwicke.co.uk
‘The rigidity introduced by the Mitchell judgment has fractured co-operation between solicitors, while costs budgeting has driven up law firms’ costs, according to a survey of civil litigators.’
Litigation Futures, 4th April 2014
Source: www.litigationfutures.com
‘A pilot of fixed-ended trials will begin in the Chancery Division in less than six weeks’ time – and parties have been warned that they may be given just 24 hours’ notice that they are to be included in it.’
Litigation Futures, 20th March 2014
Source: www.litigationfutures.com
‘Civil litigation reforms implemented last year pose a risk of injustice to clients and a serious reputational risk for solicitors, the Law Society has said.’
Law Society’s Gazette, 13th March 2014
Source: www.lawgazette.co.uk
‘A High Court judge yesterday sought to “reinforce the message that the Commercial Court will firmly discourage the taking of futile and time-wasting procedural points” as it appeared the message from last month’s Summit Navigation ruling “may not yet have been heard”.’
Litigation Futures, 13th March 2014
Source: www.litigationfutures.com
‘All sanctions were not equal nor were they to be treated as equivalent to one another for the purposes of an application for relief from sanctions under CPR r 3.9.’
WLR Daily, 21st February 2014
Source: www.iclr.co.uk
‘A recent run of High Court rulings shows that a “sensible and pragmatic” approach to the circumstances in which relief from sanctions for breaches of the civil court costs rules will be granted is gradually beginning to emerge, an expert has said.’
OUT-LAW.com, 25th February 2014
Source: www.out-law.com
‘The Mitchell ruling is not to be used as a tactical weapon, the High Court has warned litigators in a case where its opprobrium was reserved for the conduct of the party on the other side of the default.’
Litigation Futures, 21st February 2014
Source: www.litigationfutures.com
‘In recent weeks there has been widespread reporting of government measures to introduce “mandatory mediation” for separating couples. This will be brought in under the Children and Families Bill, which is due to come into force in April. So, what exactly will the proposals mean? Will they actually result in couples moving away courts, and resolving their disputes through mediation, as the government wants?’
Halsburys Law Exchange, 10th February 2014
Source: www.halsburyslawexchange.co.uk
‘Legal fees in family proceedings hit the headlines with Young v Young – the now infamous seven year divorce case which saw £6.5m spent on one side’s legal costs alone.’
Halsbury’s Law Exchange, 27th January 2014
Source: www.halsburyslawexchange.co.uk
‘In XYZ v Various [2013] EWHC 3648, Mrs Justice Thirlwall is managing group litigation in which nearly 1000 women seek damages from companies running hospitals for supplying them with defective implants manufactured by the French company, PIP, for use in breast implant surgery. Some of the claimants also bring actions against the providers of credit cards pursuant to the Consumer Credit Act 1984 (as amended by the 2006 Act) and some bring actions against the surgeons who carried out the surgery. The total value of the claims is in the region of £13m plus costs on both sides. The court has held a number of case management hearings culminating finally in a timetable leading to trial in October 2014 on three issues in four sample cases in which Transform Medical Group (CS) Ltd (“Transform”) is, effectively, the lead defendant.’
Hardwicke Chambers, 13th January 2014
Source: www.hardwicke.co.uk
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