Justice delayed might be justice denied… but for which side? A look at Nigeria v Process & Industrial Developments – Hardwicke Chambers

Posted November 11th, 2020 in arbitration, chambers articles, civil justice, delay, energy, fraud, news, time limits by sally

‘Last month, Sir Ross Cranston handed down judgment in The Federal Republic of Nigeria v Process & Industrial Developments [2020] EWHC 2379 (Comm), marking the latest stage in what has proved a notoriously long-running dispute since arbitration between the parties was first commenced in 2012.’

Full Story

Hardwicke Chambers, 14th October 2020

Source: hardwicke.co.uk

Virus backlogs must not become “new normal”, says Lord Chief – Legal Futures

‘The Lord Chief Justice told MPs yesterday that he is “extremely concerned” that the backlogs that have grown across the justice system since March should not be “viewed by anybody as the new normal”.’

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Legal Futures, 11th November 2020

Source: www.legalfutures.co.uk

Civil Justice Council launches review of Pre-action Protocols – Local Government Lawyer

Posted October 28th, 2020 in civil justice, dispute resolution, local government, news, pre-action conduct by sally

‘The Civil Justice Council has launched a review of Pre-action Protocols (PAPs) that will look at all aspects of PAPs including their purpose, whether they are working effectively in practice and what reforms, if any, are required.’

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Local Government Lawyer, 28th October 2020

Source: www.localgovernmentlawyer.co.uk

Civil Justice Council report identifies significant problems around anti-social behaviour injunctions – Local Government Lawyer

Posted October 21st, 2020 in anti-social behaviour, civil justice, injunctions, local government, news by sally

‘Anti-social behaviour injunctions (ASBIs) – which were introduced by the Anti-Social Behaviour Crime and Policing Act 2014 – are not working, a report published this month by the Civil Justice Council has claimed.’

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Local Government Lawyer, 20th October 2020

Source: www.localgovernmentlawyer.co.uk

Court reforms data collection progress “disappointing” – Legal Futures

Posted October 20th, 2020 in civil justice, courts, criminal justice, equality, HM Courts Service, news by sally

‘The government’s £1bn court reforms have had a “disappointingly slow” start in collecting the information required to ensure the justice system is fair, according to researchers.’

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Legal Futures, 20th October 2020

Source: www.legalfutures.co.uk

Lord Sumption: justice faces digital trade-off – Law Society’s Gazette

‘The court system faces a trade-off between the quality of justice and the cost of delivering it, former Supreme Court justice Lord Sumption has said in a biting assessment of virtual hearings. Speaking at the Commercial Litigators’ Forum, Lord Sumption (Jonathan Sumption QC) said if quality of justice was the only concern “we would go back to ordinary oral hearings.” ‘

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Law Society's Gazette, 5th October 2020

Source: www.lawgazette.co.uk

Justice committee launches inquiry into court backlog – Legal Futures

‘MPs have today launched an inquiry to investigate delays in the court system and what should be done to clear the backlog of cases.’

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Legal Futures, 30th July 2020

Source: www.legalfutures.co.uk

Location of ‘Nightingale courts’ to tackle case backlog in England and Wales revealed – The Guardian

Posted July 21st, 2020 in civil justice, coronavirus, courts, criminal justice, delay, news by sally

‘The locations of 10 emergency “Nightingale courts” created by the Ministry of Justice for socially distanced trials to tackle the massive backlog in cases in England and Wales have been announced.’

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The Guardian, 19th July 2020

Source: www.theguardian.com

Angry Bar Council mocks Buckland over profession’s support – Legal Futures

Posted July 14th, 2020 in barristers, civil justice, coronavirus, criminal justice, delay, news, working time by tracey

‘The Bar Council has come out fighting after the Lord Chancellor told the Today programme that there was “a lot of support” from the legal profession for extending court sitting hours to help recover from the Covid-19 pandemic.’

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Legal Futures, 14th July 2020

Source: www.legalfutures.co.uk

COVID 19: an update on remote hearings and making them effective – 3PB

Posted July 8th, 2020 in chambers articles, civil justice, coronavirus, news, remote hearings by sally

‘Much has been written about the dramatic decrease in civil hearings as a result of the COVID 19 pandemic. A survey conducted by Kate Brunner QC and I for the Western Circuit showed a 75% decrease in the number of hearings and a 58% reduction in work done by the Bar.’

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3PB, 6th July 2020

Source: www.3pb.co.uk

“Tsunami of post-Covid litigation” could overwhelm courts – Litigation Futures

Posted July 8th, 2020 in civil justice, coronavirus, courts, delay, news by sally

‘A “tsunami of litigation” powered by the Covid-19 pandemic could leave the civil justice system “overwhelmed” by the end of the year, a well-known solicitor and ADR specialist has predicted.’

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Litigation Futures, 8th July 2020

Source: www.litigationfutures.com

Vos: Crisis must be followed by “blue sky thinking” – Litigation Futures

Posted July 7th, 2020 in civil justice, coronavirus, dispute resolution, news, remote hearings by sally

‘The Chancellor of the High Court has said “the one thing” he really wants to come out of the coronavirus crisis is “blue sky thinking” about how to improve commercial dispute resolution.’

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Litigation Futures, 7th July 2020

Source: www.litigationfutures.com

New video platform to be rolled out across civil courts – Litigation Futures

‘The new video platform enabling more remote cases to be heard in the criminal courts will rolled out to the civil courts over the coming months, the Ministry of Justice confirmed yesterday.’

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Litigation Futures, 2nd July 2020

Source: www.litigationfutures.com

Coronavirus recovery in Her Majesty’s Court and Tribunal Service – Ministry of Justice

‘The Lord Chancellor Robert Buckland has today (1 July 2020) outlined a ‘renewal for justice’ as courts harness increased investment, improved technology and a range of emergency measures to recover from the coronavirus pandemic.’

Full press release

Ministry of Justice, 1st July 2020

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

Commercial Court eyes future of remote hearings – Litigation Futures

Posted June 30th, 2020 in civil justice, Civil Justice Council, coronavirus, news, remote hearings by sally

‘The Commercial Court has been able to carry on largely as normal while operating remotely, with interlocutory hearings likely to stay that way for some time at least, it has emerged.’

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Litigation Futures, 26th June 2020

Source: www.litigationfutures.com

Success Fee Recoverability in 1975 Act Claims: Re H [2020] EWHC 1134 (Fam) – Pallant Chambers

‘The general rule in civil litigation is that costs “follow the event”. In an article I wrote for the special issue of Civil Justice Quarterly on Civil Litigation Costs, Vol. 32 pages 109-312 Issue 2 2013, I discussed the negative impact that this rule can have on access to justice: not only is the losing party hit with two bills rather than one, but the losing party has no direct control over the costs incurred by the successful party.’

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Pallant Chambers, 26th June 2020

Source: www.pallantchambers.co.uk

Master of Rolls sets up working group as concerns expressed about end to stay on housing possession claims – Local Government Lawyer

‘The Master of the Rolls, Sir Terence Etherton, has established a cross-sector working group to address concerns about the consequences of the current stay on housing possession claims ending.’

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Local Government Lawyer, 5th June 2020

Source: www.localgovernmentlawyer.co.uk

Record court delays for civil litigants – Litigation Futures

‘The time litigants have to wait to reach trial in civil claims reached record lengths even before the impact of the Covid-19 pandemic hit, new government figures have revealed.’

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Litigation Futures, 4th June 2020

Source: www.litigationfutures.com

Civil Justice Council report on the impact of COVID-19 on civil court users published – Courts and Tribunals Judiciary

Posted June 5th, 2020 in civil justice, coronavirus, courts, news, remote hearings by sally

‘The Master of the Rolls, Sir Terence Etherton, the chair of the independent Civil Justice Council and Head of Civil Justice, has welcomed the Civil Justice Council’s rapid review of the impact of the COVID-19 pandemic on the civil justice system, particularly the swift expansion of the use of remote hearings. The review, conducted with the support of the Legal Education Foundation, launched on 1 May 2020 and concluded on 15 May 2020. It was particularly aimed at court users whose hearings took place between 1 May and 7 May 2020.’

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Courts and Tribunals Judiciary, 5th June 2020

Source: www.judiciary.uk

Mediation: don’t panic in the pandemic, be prepared – Counsel

‘Might fear of the courts being overwhelmed by an anticipated flood of cases, after eventual emergence from lockdown, begin a trend amongst the judiciary to be more proactive in its encouragement of mediation? Colin Manning investigates.’

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Counsel, June 2020

Source: www.counselmagazine.co.uk