Mitchell Part Two: a practical view from the Bar – Littleton Chambers

Posted January 22nd, 2014 in appeals, case management, civil procedure rules, delay, news, sanctions by sally

‘In his monthly column, James Bickford Smith discusses Durrant v Chief Constable of Avon and Somerset Constabulary [2013] EWCA Civ 1624 in which the Court of Appeal, after its decision in Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1537, took further eye-catching steps to impose the new approach to relief from sanctions.’

Full story

Littleton Chambers, 8th January 2014

Source: www.littletonchambers.com

Court of Appeal cites Mitchell to refuse relief – Law Society’s Gazette

Posted December 19th, 2013 in appeals, case management, costs, news, police, time limits, witnesses by tracey

‘The Court of Appeal has cited the landmark Mitchell costs case for the first time to reject a defendant’s plea for relief from sanctions.’

Full story

Law Society’s Gazette, 18th December 2013

Source: www.lawgazette.co.uk

This month’s costs cases summaries: appeals, unjust enrichment and Mitchell – Litigation Futures

Posted December 10th, 2013 in appeals, budgets, case management, civil procedure rules, costs, litigants in person, news by tracey

‘Our monthly summary of key costs-related court decisions.’

Full story

Litigation Futures, 9th December 2013

Source: www.litigationfutures.com

Mitchell v News Group Newspapers Ltd – WLR Daily

Posted December 6th, 2013 in appeals, budgets, case management, civil procedure rules, law reports, media by tracey

Mitchell v News Group Newspapers Ltd: [2013] EWCA Civ 1537;   [2013] WLR (D)  466

‘In the context of the court’s case management powers in respect of a party’s claim, the failure by the party to file a costs budget on time would not normally attract relief from the sanction imposed by CPR r 3.14 unless the default were trivial or there were a good reason for it.’

WLR Daily, 27th November 2013

Source: www.iclr.co.uk

In re C (A Child) – WLR Daily

Posted November 25th, 2013 in case management, children, contact orders, family courts, law reports, service by tracey

In re C (A Child): [2013] EWCA Civ 1412;   [2013] WLR (D)  449

‘The Court of Appeal gave guidance as to the proper approach to be adopted in family proceedings when considering a without notice application for a prohibited steps order and the making of a contact order.’

WLR Daily, 21st November 2013

Source: www.iclr.co.uk

Parties to civil litigation need more guidance on costs, says expert, as High Court declines to approve “disproportionate” budgets – OUT-LAW.com

“Parties to litigation in the civil courts need more guidance about what constitutes an ‘appropriate’ costs budget and the consequences of not meeting the requirements of the new costs management regime, an expert has said.”

Full story

OUT-LAW.com, 8th October 2013

Source: www.out-law.com

How to avoid getting into serious trouble! – New Law Journal

Posted September 20th, 2013 in budgets, case management, civil procedure rules, costs, news by sally

“HH Simon Brown QC continues his exclusive NLJ online series on costs management post-Jackson.”

Full story

New Law Journal, 19th September 2013

Source: www.newlawjournal.co.uk

A fairer civil future? – New Law Journal

Posted September 12th, 2013 in case management, civil justice, civil procedure rules, costs, news, proportionality by tracey

“Mohammed Saleem Tariq & Anton van Dellen reflect on the early days of the Jackson reforms.”

Full story

New Law Journal, 6th September 2013

Source: www.newlawjournal.co.uk

Budgeting? Beware! – New Law Journal

Posted August 20th, 2013 in budgets, case management, costs, news by tracey

“Every litigator will be aware of the new obligation to prepare budgets. What follows is a series of warnings about trips and traps.”

Full story

New Law Journal, 19th August 2013

Source: www.newlawjournal.co.uk

Solicitor who ignored LeO fined for contempt – Solicitors Journal

Posted August 15th, 2013 in case management, contempt of court, fines, legal ombudsman, news, solicitors by sally

“A solicitor who refused to comply with a legal ombudsman decision to return files to a client has been fined £5,000 for contempt by a county court.”

Full story

Solicitors Journal, 14th August 2013

Source: www.solicitorsjournal.com

Parties to litigation must be aware of courts’ “strict and robust approach” to new costs rules, says expert – OUT-LAW.com

Posted August 14th, 2013 in arbitration, case management, civil procedure rules, costs, news, time limits by sally

“Parties to civil court litigation must ensure that they file and exchange costs budgets no later than seven days before the first case management conference or risk strict penalties under the new costs management regime, an expert has said.”

Full story

OUT-LAW.com, 13th August 2013

Source: www.out-law.com

High Court caps ‘plebgate’ libel budget to court fees for Andrew Mitchell MP – The Lawyer

Posted August 8th, 2013 in budgets, case management, costs, defamation, fees, news by sally

“The High Court has told the former chief whip Andrew Mitchell MP that the cost of his libel action against The Sun will be restricted to the cost of the court fees for the claim.”

Full story

The Lawyer, 7th August 2013

Source: www.thelawyer.com

MoJ proposes online scheme for asbestos victims – Law Society’s Gazette

“Victims of asbestos-related disease are to be offered a process for out-of-court compensation along the lines of the RTA Portal, under proposals to support mesothelioma sufferers announced by the Ministry of Justice today.”

Full story

Law Society’s Gazette, 24th July 2013

Source: www.lawgazette.co.uk

Reform of disclosure management following R v Mouncher (Lynette White) – Crown Prosecution Service

Posted July 18th, 2013 in case management, disclosure, prosecutions, reports by tracey

“The Director of Public Prosecutions, Keir Starmer QC, has today published the full report by Her Majesty’s Crown Prosecution Service Inspectorate (HMCPSI), undertaken at his request, into disclosure issues that arose in the case of R v Mouncher and others.”

Full report

Crown Prosecution Service, 16th July 2013

Source: www.cps.gov.uk

Effecting change in local family justice systems? Findings from the Cafcass Pre-Proceedings Pilot – Family Law Week

Posted July 11th, 2013 in case management, delay, family courts, news, pilot schemes, reports by sally

“Dr Karen Broadhurst of Manchester University explains the findings of a recently completed pilot involving family court advisers in public law pre-proceedings practice.”

Full story

Family Law Week, 10th July 2013

Source: www.familylawweek.co.uk

CPS severely hampered by lack of resources, says report – The Guardian

Posted July 11th, 2013 in case management, Crown Prosecution Service, news, prosecutions, reports by sally

“A lack of resources is severely damaging the Crown Prosecution Service’s preparation of cases for court, according to a critical report by the organisation’s statutory watchdog.”

Full story

The Guardian, 10th July 2013

Source: www.guardian.co.uk

Getting active! – New Law Journal

“HH Simon Brown QC continues his exclusive NLJ online series on costs management post-Jackson.”

Full story

New Law Journal, 2nd July 2013

Source: www.newlawjournal.co.uk

Specialist courts under microscope on costs budgeting – Law Society’s Gazette

“Exempting mandatory costs budgeting for claims in excess of £2m may be ‘unnecessary and inappropriate’, a newly established sub-group of the Civil Procedure Rule committee has suggested.”

Full story

Law Society’s Gazette, 1st July 2013

Source: www.lawgazette.co.uk

Damian Green: ‘Digital Courtrooms’ to be rolled out nationally – Ministry of Justice

Posted June 28th, 2013 in case management, courts, documents, electronic filing, press releases by tracey

“Courtrooms will be fully digital by 2016 ending the court service’s ‘outdated’ reliance on paper, Justice Minister Damian Green said today.”

Full press release

Ministry of Jutice, 28th June 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Courtrooms to be fully digital by 2016 – BBC News

Posted June 28th, 2013 in case management, courts, documents, electronic filing, news by tracey

“Courtrooms in England and Wales will be fully digital by 2016, the government
says, ending what it described as ‘an outdated reliance on paper. ‘ ”

Full story

BBC News, 28th June 2013

Source: www.bbc.co.uk