Category: consent orders

Extensions of time for witness statements post Mitchell and Lloyd ~ Don’t be caught out – 11 Stone Buildings

Posted February 14th, 2014 in civil procedure rules, consent orders, news, time limits, witnesses by sally

‘The recent decision in MA A Lloyd & Sons Ltd v PPC International Ltd [2014] EWHC 41 (QB) provides that parties who agree to extend time for service of witness statements must also apply to the Court for an order by consent. A mere written agreement is not sufficient. In the post-Mitchell, post-Lloyd world, parties are increasingly unlikely to agree extensions of time. Tom Shepherd considers the decision in Lloyd and highlights some practical pointers which parties who need to make or respond to an application to extend time for witness statements can consider. He also explains why this decision leaves us with a few unresolved questions.’

Full story

11 Stone Buildings, February 2014

Source: www.11sb.com

S v S [2014] EWHC 7 (Fam) – WLR Daily

Posted January 16th, 2014 in arbitration, consent orders, financial provision, law reports by tracey

S v S [2014] EWHC 7 (Fam); [2014] WLR (D) 1

‘Where the parties had bound themselves to accept an arbitral award of the kind provided for by the Institute of Family Law Arbitrators (“IFLA”) Scheme, that generated a single “magnetic factor” of determinative importance and, in the absence of some very compelling countervailing factor or factors, the arbitral award should be determinative of the order the court made.’

WLR Daily, 14th January 2014

Source: www.iclr.co.uk

Update – exclusions; LA interventions; missing education; and there’s no such thing as a free lunch… – Education Law Blog

Posted December 10th, 2013 in consent orders, education, food, local government, news, school children, school exclusions by tracey

‘This post picks up on two recent education cases, the Ofsted report on children missing education and funding arrangements for free school meals.’

Full story

Education Law Blog, 9th December 2013

Source: www.education11kbw.com

Blythe v Ministry of Defence – WLR Daily

Posted November 29th, 2013 in consent orders, damages, law reports, time limits by sally

Blythe v Ministry of Defence [2013] WLR (D) 457

“The court had power to extend the time specified in a consent order for an award of provisional damages made under RSC Ord 37, r 8 for the claimant to make an application for further damages notwithstanding that the claimant’s application for an extension was not made until after the expiry of the specified period.”

WLR Daily, 25th November 2013

Source: www.iclr.co.uk

Consent orders and school exclusions – Hardwicke Chambers

Posted November 19th, 2013 in appeals, consent orders, education, news, school exclusions by sally

“Perhaps I ought to start with a confession: there isn’t really any such thing as a ‘consent order’ when it comes to school exclusion hearings. But what is the correct approach to take when all of the parties involved in a school exclusion case agree on what their desired outcome is? The Administrative Court has given some helpful guidance in its recent decision of SA v London Borough of Camden Independent Appeal Panel and H School [2013] EWHC 3152 (Admin).”

Full story

Hardwicke Chambers, 8th November 2013

Source: www.hardwicke.co.uk

More on JR and Costs – NearlyLegal

Posted November 15th, 2013 in Administrative Court, consent orders, costs, judicial review, news by tracey

“We have been blogging lately about costs in settled JRs and S.204 appeals and we can now report that the Admin Court Office has published guidance on costs following settlement of JR claims. The guidance applies to all consent orders submitted to the Admin Court after 20/11/13. Below is a summary of the main points within the new guidance.”

Full story

Full guidance

NearlyLegal, 14th November 2013

Source: www.nearlylegal.co.uk/blog/

Finance and Divorce Update – Family Law Week

Posted February 8th, 2013 in consent orders, contempt of court, dispute resolution, divorce, family courts, financial provision, news by sally

“Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse December’s financial remedies and divorce news and cases.”

Full story

Family Law Week, January 2013

Source: www.familylawweek.co.uk

Court opens way to divorces by Sharia? Hold on a minute…- UK Human Rights Blog

Posted February 4th, 2013 in arbitration, child abduction, consent orders, divorce, Judaism, news by tracey

“AI v MT [2013] EWHC 100 (Fam). The Times (amongst others) today deserves a spell on the legal naughty step. Its headline announces that a judge’s decision ‘opens way to divorces by Sharia’. One might expect therefore to find that the judgment giving rise to the headline – the decision of Baker J in the Family Court in AI v MT – was about Sharia law, or otherwise had something to do with it. In fact the judgment concerned a Jewish divorce under the auspices of the Beth Din, and had nothing to do with Sharia at all.”

Full story

UK Human Rights Blog, 1st February 2013

Source: www.ukhumanrightsblog.com

Justice minister, Chris Grayling, accused of legal interference – The Independent

Posted February 4th, 2013 in anonymity, consent orders, courts, imprisonment, Ministry of Justice, news by tracey

“Chris Grayling, the Justice Secretary and Lord Chancellor, was at the centre of a major legal row last night amid accusations that he politically interfered with a judicial decision taken by his own department.”

Full story

The Independent, 3rd February 2013

Source: www.independent.co.uk

Withdrawn, dismissed or discontinued – the extent of consent – NearlyLegal

Posted October 29th, 2012 in appeals, consent orders, landlord & tenant, news, receivers, trespass by sally

“A case perhaps best filed under the ‘Ooops’ category, which only took a trip to the Court of Appeal to sort out.”

Full story

NearlyLegal, 25th October 2012

Source: www.nearlylegal.co.uk

Pannone LLP v Aardvark Digital Ltd – WLR Daily

Posted July 14th, 2011 in appeals, civil procedure rules, consent orders, law reports, time limits by tracey

Pannone LLP v Aardvark Digital Ltd [2011] EWCA Civ 803; [2011] WLR (D) 223

“The court had power to extend the time for compliance with a court order, pursuant to CPR r 3.1(2)(a), and to grant relief from a sanction prescribed by a court order as the consequence of a failure to comply within a specified time, pursuant to CPR r 3.8, even where the order had been made by consent.”

WLR Daily, 12th July 2011

Source: www.iclr.co.uk

O’Beirne v Hudson – WLR Daily

Posted February 18th, 2010 in appeals, consent orders, costs, law reports by sally

O’Beirne v Hudson [2010] EWCA Civ 52; [2010] WLR (D) 42

“Where a consent order provided for costs to be assessed on the standard basis the costs judge was not entitled to vary that order or to assess by reference to the small claims track. The costs judge was entitled to take account of all circumstances including the fact that had the case been allocated it would have been allocated to the small claims track. The costs judge had to have regard to what could or could not be recovered if so allocated. The test was whether it was reasonable for the paying party to pay more than would have been recoverable in a case that should have been allocated to the small claims track.”

WLR Daily, 17th February 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Myerson v Myerson – Times Law Reports

Posted January 7th, 2009 in consent orders, divorce, financial dispute resolution, law reports by sally

Myerson v Myerson

Court of Appeal

“A judge who had made an order, by consent, at the conclusion of a successful financial dispute resolution, could not then decide subsidiary issues on which the parties had subsequently failed to reach agreement.”

The Times, 7th January 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.