Judge castigates expert who was “prepared to mislead the court” – Legal Futures

‘The High Court has rejected the evidence of an expert witness who had “little or no regard” to the Civil Procedure Rules and was “prepared materially to mislead the court”.’

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Legal Futures, 13th December 2024

Source: www.legalfutures.co.uk

Orders for forced entry after injunction – Nearly Legal

‘This was a County Court appeal from a first instance decision by a District Judge that the Court did not have jurisdiction under Civil Procedure Rule 25.1 to make an order allowing Sovereign to force entry to their tenant’s, Ms Hall, property.’

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Nearly Legal, 8th December 2024

Source: nearlylegal.co.uk

Anonymity orders: putting the genie back in the bottle? – Quarterly Medical Law Review

Posted December 5th, 2024 in anonymity, chambers articles, civil procedure rules, hospitals, negligence, news by tracey

‘PMC -v- A Local Health Board [2024] EWHC 2969 (KB). Nicklin J provides guidance on when and how to seek orders for anonymity and/or reporting restrictions.’

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Quarterly Medical Law Review, 3rd December 2024

Source: 1corqmlr.com

Capacity and civil proceedings – Local Government Lawyer

‘Holly Tibbits examines new recommendations from a working group of the Civil Justice Council on determining capacity to litigate in civil proceedings.’

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Local Government Lawyer, 20th November 2024

Source: www.localgovernmentlawyer.co.uk

Court orders parties to engage in ADR over costs – Legal Futures

Posted October 16th, 2024 in civil procedure rules, costs, defamation, dispute resolution, media, news by sally

‘A ruling that a former Conservative MP and a national newspaper must engage in alternative dispute resolution (ADR) before their argument over costs can be heard is a landmark that could herald the start of a new era, the Association of Costs Lawyers (ACL) has said.’

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Legal Futures, 16th October 2024

Source: www.legalfutures.co.uk

High Court judge dismisses statutory challenge by town council over permission for 146-home scheme, saying he did not have power to extend time for service – Local Government Library

Posted October 7th, 2024 in civil procedure rules, housing, local government, news, planning, service, time limits by michael

‘A deputy High Court judge has dismissed a statutory review challenge brought by a town council over a planning inspector’s grant of permission for a 146-dwelling scheme, after finding that the court had no power to extend time for service of proceedings after they were served late by the claimant’s solicitors.’

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Local Government Lawyer, 4th October 2024

Source: www.localgovernmentlawyer.co.uk

New English court rules will encourage settlement of litigation – OUT-LAW.com

Posted October 2nd, 2024 in appeals, civil procedure rules, dispute resolution, news by tracey

‘New court rules in place from 1 October could lead to judges in England and Wales more frequently ordering parties to disputes to try to resolve them out of court.’

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OUT-LAW.com, 1st October 2024

Source: www.pinsentmasons.com

Tackling theft or improper use of confidential information in the civil courts – OUT-LAW.com

‘Businesses faced with the theft or unauthorised use of their confidential data have a suite of remedies available to them in the civil courts to recover that data or prevent its further use.’

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OUT-LAW.com, 19th September 2024

Source: www.pinsentmasons.com

Recent orders for possession in University protest camp claims – implications for academic institutions – Local Government Lawyer

‘Joe Walker and Fred Groves provide an update on unauthorised pro-Palestinian protest encampments on university premises where many have refused to comply with demands to vacate.’

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Local Government Lawyer, 13th September 2024

Source: www.localgovernmentlawyer.co.uk

High Court will take pragmatic approach to protect crypto fraud victims – OUT-LAW.com

Posted September 10th, 2024 in civil procedure rules, cryptocurrencies, fraud, news, service out of jurisdiction by tracey

‘A recent High Court of England and Wales decision shows that the English courts are willing to interpret procedural service rules under the Civil Procedure Rules (CPR) pragmatically to facilitate justice for victims of crypto fraud, an expert has said.’

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OUT-LAW.com, 9th September 2024

Source: www.pinsentmasons.com

No mercy for litigant in person who had not bothered with the rules – Law Society’s Gazette

Posted August 23rd, 2024 in barristers, civil procedure rules, fees, litigants in person, news by tracey

‘The High Court has once again shown no mercy on a litigant in person who failed to appreciate the civil procedure rules.’

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Law Society's Gazette, 21st August 2024

Source: www.lawgazette.co.uk

NCDR Redux: The Impact of October’s CPR Amendments – Financial Remedies Journal

Posted August 19th, 2024 in civil procedure rules, costs, dispute resolution, families, family courts, news by tracey

‘One of the changes to the FPR 2010 made when the material parts of the Family Procedure (Amendment No 2) Rules 2023 came into force on 29 April 2024 was an amendment to r 28.3(7) which by the insertion of a new (aa)(ii) makes “any failure by a party, without good reason, to attend non-court dispute resolution” a basis to depart from the general starting point that there should be no order as to costs. This is repeated in para 10E of PD 3A which states “the court may take the parties conduct in relation to attending non-court dispute resolution into account when considering whether to make an order for costs in relation to the proceedings”.’

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Financial Remedies Journal, 16th August 2024

Source: financialremediesjournal.com

England postpones decision on proposed non-party access to court documents rule – OUT-LAW.com

Posted August 1st, 2024 in civil procedure rules, consultations, costs, documents, news by tracey

‘A highly anticipated decision by the Civil Procedure Rule Committee (CPRC) on non-party access to court documents in England and Wales has been postponed following a large volume of responses to a consultation on its proposed plans.’

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OUT-LAW.com, 31st July 2024

Source: www.pinsentmasons.com

Court of Appeal finds Family Division judge failed to adhere to “fundamental principle” of justice being seen to be done – Local Government Lawyer

‘The Court of Appeal has criticised a judge for her “blatantly unfair conduct”, finding that an interchange with a father demonstrated a “complete failure of proper judicial process”.’

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Local Government Lawyer, 25th June 2024

Source: www.localgovernmentlawyer.co.uk

Alerter by Arnold Ayoo – Committal proceedings for (allegedly) false affidavits? Permission denied – Henderson Chambers

‘In Landmark Space Limited v Chilambe [2024] EWHC 987 (KB), the High Court considered the circumstances in which applicants would be given permission to pursue contempt proceedings, and commit respondents to prison, for knowingly making false statements in an affidavit.’

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Henderson Chambers, 2nd May 2024

Source: www.hendersonchambers.co.uk

Courts shine new light on the use of a single claim form involving multiple claimants – OUT-LAW.com

Posted June 6th, 2024 in civil procedure rules, class actions, joinder, negligence, news by sally

‘A recent Court of Appeal decision brings welcome clarity as to when a single claim may be used to name multiple claimants in England and Wales, experts have said.’

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OUT-LAW.com, 5th June 2024

Source: www.pinsentmasons.com

The Courts and Mediation – a settled position? – Local Government Lawyer

‘Late last year, a Court of Appeal decision on alternative dispute resolution highlighted the significant role that mediation can play in successfully resolving disputes, write Sophie McCabe, Rachel Murray-Smith and Helen Arthur.’

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Local Government Lawyer, 28th May 2024

Source: www.localgovernmentlawyer.co.uk

The Basic Art of the Perfect Bundle – Pump Court Chambers

Posted May 22nd, 2024 in chambers articles, civil procedure rules, documents, news by sally

‘The provision and content of a bundle can make or break a trial. That might sound overly dramatic for something which on its face is a purely administrative task but a well-constructed and tactically considered bundle can make all the difference. A perfect bundle allows the advocate to seamlessly direct a Judge or witness to the relevant evidence. It allows documents to be compared where needed and ensures that all evidence can be read and understood by those involved in the trial or hearing.’

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Pump Court Chambers, 30th April 2024

Source: www.pumpcourtchambers.com

It’s official: fixed costs for clinical negligence set for October – Legal Futures

‘The government has finally confirmed that fixed recoverable costs (FRC) for low-value clinical negligence claims that settle pre-issue will come into force in October 2024, six months later than planned.’

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Legal Futures, 10th May 2024

Source: www.legalfutures.co.uk

A warning for housing lawyers – Local Government Lawyer

‘Stefan Liberadzki discusses the new Intermediate Track and fixed costs.’

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Local Government Lawyer, 8th May 2024

Source: www.localgovernmentlawyer.co.uk