‘The Woolf reforms were “inadequately revolutionary” and have left behind a civil litigation system which is “too expensive, too time-consuming and inadequately accessible”, the Chancellor of the High Court has said.’
Litigation Futures, 22nd October 2019
Source: www.litigationfutures.com
‘Initial proposals for the reform of witness statements are due to be considered by the senior judiciary in November, a High Court judge said this week. Mr Justice Baker, a member of the Witness Evidence Working Group, told delegates at the Law Society’s Commercial Litigation Conference on Tuesday that the group has now completed its report, which is due to be considered by judges at a “higher pay grade” next month.’
Law Society's Gazette, 18th October 2019
Source: www.lawgazette.co.uk
‘Alex Verdan QC of 4 Paper Buildings reviews recent important judgments in private law children cases.’
Family Law Week, 13th October 2019
Source: www.familylawweek.co.uk
‘A High Court master has urged the Association of Personal Injury Lawyers and the Forum of Insurance Lawyers to agree a protocol to govern the recording of medico-legal examinations.’
Litigation Futures, 15th October 2019
Source: www.litigationfutures.com
‘Rory Thomson, a senior associate in the Insurance and Reinsurance Group at CMS, previews the appeal pending in the case of Edwards v Hugh James Ford Simey (a firm). The case concerns the correct approach to the assessment of damages in a claim for loss of chance arising from solicitors’ negligence, and the extent to which a court should admit evidence obtained after the date of settlement of the original claim as part of that assessment. The appeal was heard by the UK Supreme Court on 25 July 2019, and its judgment is currently awaited.’
UKSC Blog, 30th September 2019
Source: ukscblog.com
‘Evidence linked to the death of a 13-year-old girl who was found hanged is being reviewed, the Crown Prosecution Service (CPS) has confirmed.’
BBC News, 28th September 2019
Source: www.bbc.co.uk
‘The serial sex attacker John Worboys has forced one of his victims to give evidence in court as he attempts to avoid a life sentence.’
The Guardian, 2nd September 2019
Source: www.theguardian.com
‘An expert witness who said in oral evidence that he saw his role as presenting his side’s case “in the most favourable light” has been criticised by the High Court.’
Litigation Futures, 27th August 2019
Source: www.litigationfutures.com
‘A former manager at a care home where a young woman died is due to be sentenced later this month for failing to attend and disclose evidence to an inquest.’
Local Government Lawyer, 21st August 2019
Source: www.localgovernmentlawyer.co.uk
‘A High Court judge has taken to task an “embarrassing” medical expert who made “continual apologies” and used “an expletive” during his evidence.’
Litigation Futures, 20th August 2019
Source: www.litigationfutures.com
‘The Court of Appeal has “reluctantly” ordered the retrial of a Commercial Court case after finding that the judge failed to address all the evidence before him.’
Litigation Futures, 13th August 2019
Source: www.litigationfutures.com
‘A High Court judge has stressed that witness statements from litigants’ solicitors will be disregarded if they appear to be irrelevant or badly sourced.’
Law Society's Gazette, 7th August 2019
Source: www.lawgazette.co.uk
‘The Court of Appeal has held in Re M (Children) (Disclosure to the Police) [2019] EWCA Civ 1364, that the Re C test for disclosure of material from care proceedings to the police remains good law after 23 years, and in the light of the Human Rights Act 1996, but with the qualification that disclosure must be necessary and proportionate.’
UK Police Law Blog, 31st July 2019
Source: ukpolicelawblog.com
‘Three men who were charged with the murder of a private investigator have been awarded a total of £414,000 damages after winning a malicious prosecution action against the Metropolitan police.’
The Guardian, 31st July 2019
Source: www.theguardian.com
‘A “violent sexual predator” who killed a 13-year-old girl in a bid to silence her is to be sentenced on Friday for her rape and murder. His arrest sparked one of the UK’s biggest evidence searches and a trawl of thousands of hours of CCTV footage. But a Facebook password proved to be his ultimate undoing.’
BBC News, 19th July 2019
Source: www.bbc.co.uk
‘Tens of thousands of international students had their visas revoked after the Home Office used “confused, misleading, incomplete and unsafe” evidence, MPs have said. The department ignored expert advice and relied on “dodgy” evidence when it accused almost 34,000 students of cheating in English language tests in 2015, according to a new report published by the all-party parliamentary group (APPG) on the Test of English for International Communication (Toeic).’
The Independent, 18th July 2019
Source: www.independent.co.uk
‘A solicitor makes a negligent error in a negotiation between a client and third party. The error leads the client to agree something different to the agreement the client had envisaged. What difference does the error make to the outcome and how should this translate into damages? Does the analysis change where the third party gives evidence and is adamant that the error made no difference to the outcome? These questions arose in Moda International Brands Ltd v Gateley LLP (1) & Gateley Plc (2). Against the background of the Commercial Court’s consultation on witness statements, this case offers an illustration of witnesses’ diminished role.’
Hardwicke Chambers, 21st June 2019
Source: hardwicke.co.uk
‘Parties who seek to obtain a stay of proceedings on the grounds that the stress of litigation is injurious to their mental health need to produce strong and compelling medical evidence before the Court is likely to accede to their request.’
Park Square Barristers, 26th June 2019
Source: www.parksquarebarristers.co.uk
‘Police demanded the mobile phone and personal records of a woman who was raped by a stranger eight years ago – even after identifying her attacker using DNA evidence.’
The Independent, 10th June 2019
Source: www.independent.co.uk
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