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.’

Full Story

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.’

Full Story

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

Has coronavirus changed the UK justice system for ever? – The Guardian

‘The pandemic has led to big changes in trials, many of of which are likely to be permanent.’

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The Guardian, 24th May 2020

Source: www.theguardian.com

Remote hearings in civil cases cannot just become ‘new normal’ – Litigation Futures

Posted May 21st, 2020 in civil justice, coronavirus, Law Society, news, remote hearings by sally

‘It is “vitally important” that remote hearings are not accepted as the “new normal” in the civil courts after the coronavirus pandemic passes without substantial work on the quality of justice delivered, the Law Society has warned.’

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Litigation Futures, 21st May 2020

Source: www.litigationfutures.com

Civil Justice Council Rapid Consultation: The impact of COVID-19 measures on the civil justice system – Transparency Project

Posted May 20th, 2020 in civil justice, consultations, coronavirus, courts, news, remote hearings by sally

‘Following the rapid consultation on the use of remote hearings in the family justice system, undertaken by the Nuffield Family Justice Observatory at the request of the President of the Family Division, the Civil Justice Council have now embarked on a similar consultation in relation to the civil courts.’

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Transparency Project, 19th May 2020

Source: www.transparencyproject.org.uk

“Justice Delayed is Justice Denied” The Covid-19 Effect – St Ives Chambers

‘Conducting litigation in lockdown is presenting a number of challenges for civil litigators. The shift, practically overnight, to remote working is requiring lawyers to rapidly adapt their ways of working. The word from the top is that the wheels of justice must continue to turn. The default position now is that hearings should take place remotely wherever possible.’

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St Ives Chambers, 27th April 2020

Source: www.stiveschambers.co.uk

CJC launches ‘rapid review’ of remote hearings – Litigation Futures

‘The Civil Justice Council (CJC) has launched a “rapid consultation” on how the spread of Covid-19 has changed the civil justice system, particularly with the swift expansion of remote hearings.’

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Litigation Futures, 4th May 2020

Source: www.litigationfutures.com

Court hearings running at half pre-virus level – Legal Futures

‘The courts and tribunals in England and Wales are now conducting almost half as many civil and criminal hearings as they did before the coronavirus crisis, a justice minister said yesterday.’

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Legal Futures, 5th April 2020

Source: www.legalfutures.co.uk

Civil and family cases being adjourned “for no apparently good reason”: Bar Council – Local Government Lawyer

‘Many civil and family cases are being adjourned “for no apparently good reason”, the Chair of the Bar Council, Amanda Pinto QC, has claimed.’

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Local Government Lawyer, 28th April 2020

Source: www.localgovernmentlawyer.co.uk

Judges back guidance for remote detailed assessment hearings – Litigation Futures

‘Guidance on the conduct of remote detailed assessments (DAs) has been produced to get the system moving during the lockdown.’

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Litigation Futures, 23rd April 2020

Source: www.litigationfutures.com

Recovering Inquest Costs in Subsequent Civil Proceedings – Ropewalk Chambers

Posted April 24th, 2020 in chambers articles, civil justice, costs, inquests, negligence, news, proportionality by sally

‘The basic position is well-known: in principle, the costs of an inquest are recoverable in a subsequent clinical negligence claim. The leading case in this regard, also well-known, is Roach -v- Home Office [2010] QB 256.’

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Ropewalk Chambers, April 2020

Source: www.ropewalk.co.uk

Civil Procedure, Litigation and the Coronavirus (Part 3) – Blackstone Chambers

‘In the final part of our three-part mini-series: Civil Procedure, Human Rights and the Coronavirus, we consider how litigators may use the civil procedure rules to drive litigation forward in the time of coronavirus.’

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Blackstone Chambers, 14th April 2020

Source: coronavirus.blackstonechambers.com

Civil Procedure, Human Rights and the Coronavirus (Part 2) – Blackstone Chambers

‘The first article in this mini-series addressed the current position taken by Courts, Tribunals and other relevant bodies and key issues for litigators. Following the present article, the final instalment will be entitled “Civil Procedure, Litigation and the Coronavirus”.’

Full Story

Blackstone Chambers, 23rd March 2020

Source: coronavirus.blackstonechambers.com

Civil Procedure, Human Rights and the Coronavirus (Part 1) – Blackstone Chambers

‘In light of the COVID-19 outbreak and the protective measures which the UK government has introduced, litigators across the country are asking one burning question: will hearings go ahead, and if so how?’

Full Story

Blackstone Chambers, 18th March 2020

Source: coronavirus.blackstonechambers.com