‘Courts and tribunals have made “remarkable” progress in dealing with remote hearings during the coronavirus crisis, but there are concerns about the behaviour of parties, the senior judiciary has said.’
Litigation Futures, 15th April 2020
Source: www.litigationfutures.com
‘The High Court has rejected efforts by claimant law firms Leigh Day and Hausfeld to keep their actions against a Zambian copper mine operator separate, making a group litigation order (GLO) sought by the defendants.’
Litigation Futures, 8th April 2020
Source: www.litigationfutures.com
‘A company must disclose documents held by its subsidiaries and which it controls, the High Court has ruled, in a case handled under the disclosure pilot.’
Litigation Futures, 6th April 2020
Source: www.litigationfutures.com
‘This note is intended to assist Appropriate Authorities (“AAs”), Professional Standards Departments (“PSDs”) and hearings units to progress misconduct proceedings[1] under the Police (Conduct) Regulations 2012 and 2020 (“PCR”), during the outbreak of COVID-19. We suggest that AAs should try to proceed with hearings by video and/or telephone where possible, and we explore the practical implications of doing so.’
UK Police Law Blog, 30th March 2020
Source: ukpolicelawblog.com
‘This most recent edition of the Denton Resource includes, in a thematic at-a-glance format, over 200 post-Denton cases decided up to 31 December 2019. It will be of interest to practitioners in all fields of civil litigation dealing with applications where the three-stage Denton approach is to be applied.’
St John's Chambers, 10th February 2020
Source: www.stjohnschambers.co.uk
‘This was an application by the claimant, Conversant Wireless Licensing SARL for disclosure of the licence agreements and assignments relating to 3G and 4G patents that had been entered by the defendants, Huawei Technologies Co Ltd., ZTE (UK) Limited and their British subsidiaries. Substantially the same application had been made to His Honour Judge Hacon at the case management conference in the action which took place in July 2019. The later application was heard by Mr Justice Birss who delivered judgment in Conversant Wireless Licensing SARL v Huawei Technologies Co. Ltd and others [2020] EWHC 256 (Pat) on 10 Feb 2020. The reference to the CMC in the transcript of Mr Justice Birss’s judgment is [2009] EWHC 1982 (Pat) but I think that must be a misprint for [2019].’
NIPC Law, 22nd February 2020
Source: nipclaw.blogspot.com
‘Employment Tribunal judges have a wide discretion when making case management decisions, with it being rare for a challenge to such a decision being successful. The Court of Appeal in O’Cathail v Transport for London [2013] IRLR 310 have made it clear that tribunal decisions can only be questioned for error of law. The specific issue in that case was whether or not it was an error of law for a Tribunal to refuse a postponement application in circumstances in which a litigant in person had a fit note saying they were not fit to attend the hearing. The application was refused and the trial went ahead in his absence.’
3PB, 7th February 2020
Source: www.3pb.co.uk
‘This decision is important for any professional involved in solicitor and client disputes. The judgment is another example of the senior courts being willing to uphold robust case management decisions of first instance judges. Here the court held that “the judge was entitled to take the course he did which was well within the ambit of the proper exercise of his discretion.”’
Hardwicke Chambers, 19th February 2020
Source: hardwicke.co.uk
‘The High Court has provided a comprehensive summary, in the case of Financial Conduct Authority (FCA) V Avacade Ltd & Ores [2020] EWHC 26, of the relevant authorities when it comes to applying for an adjournment on the grounds of ill-health.’
St Ives Chambers, 6th February 2020
Source: www.stiveschambers.co.uk
‘A group of Extinction Rebellion (XR) protestors who brought City of London Airport to a standstill were given £280 to cover travel costs to court, after their case collapsed because a key police witness is on holiday.’
Daily Telegraph, 28th January 2020
Source: www.telegraph.co.uk
‘HHJ Freedman, the Designated Civil Judge in Newcastle, had to grapple with this in the case of Mitchell v Precis 548 Ltd [2019] EWHC 3314 (QB). HHJ Freedman had to decide whether to accede to the request of a First Defendant in the proceedings as to whether to vacate a trial 2 days before it was due to start.’
Parklane Plowden, 24th January 2020
Source: www.parklaneplowden.co.uk
‘Perhaps an overlooked provision of the CPR is rule 3.1(2)(m) which provides that the court may ‘take any other step or make any other order for the purpose of managing the case and furthering the overriding objective, including hearing an early neutral evaluation with the aim of helping the parties settle the case’.’
Law Society's Gazette, 27th January 2020
Source: www.lawgazette.co.uk
‘A primary school-aged child has had details of their referral to the government’s controversial anti-radicalisation Prevent programme deleted by the Metropolitan police following court action, the Guardian can reveal.’
The Guardian, 19th December 2019
Source: www.theguardian.com
‘Claimants alleging mistreatment at work should be able to present their case without a succession of preliminary hearings, an employment appeal tribunal has said.’
Law Society's Gazette, 27th November 2019
Source: www.lawgazette.co.uk
‘Personal Injury analysis: Where the personal injury aspect of a claim had resulted in the case being allocated to the fast track, the claimant was awarded costs to be assessed on the normal fixed costs basis under CPR 45.29B. The decision offers a useful affirmation of the default costs rules that will be applied by the courts in fast track claims. Colm Nugent, barrister at Hardwicke Chambers, discusses this case.’
Hardwicke Chambers, 12th November 2019
Source: hardwicke.co.uk
‘A High Court master has urged solicitors providing witness statements to cut back on the unnecessary detail, stressing that they are not the same as those given by lay witnesses.’
Litigation Futures, 19th November 2019
Source: www.litigationfutures.com
‘The High Court has ordered the recusal of a circuit judge who used “intemperate language” and told a barrister that he expected to see “the organ grinder” appear at the next hearing of a case.’
Legal Futures, 13th November 2019
Source: www.legalfutures.co.uk
‘Expert witnesses who “fall short of the mark” face a “much more and properly robust” response from the courts, a recently retired Court of Appeal judge has warned.’
Litigation Futures, 11th November 2019
Source: www.litigationfutures.com
‘The Chancellor of the High Court, Sir Geoffrey Vos, spoke at the Law Society’s annual Civil Litigation conference on 9 October 2019 about 20 years of the Civil Procedure Rules – and whether the original reforms went too far, or not far enough.’
Courts and Tribunals Judiciary, 15th October 2019
Source: www.judiciary.uk
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