Rule of law in UK at risk after Brexit, says former supreme court president – The Guardian

‘The legal implications of leaving the EU have not been thought through, could overwhelm the supreme court and endanger the independence of the British judiciary, four senior retired judges have warned.’

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The Guardian, 21st November 2017

Source: www.theguardian.com

Sumption deprecates fault-based liability for PI claims and predicts statutory damages – Litigation Futures

Posted November 21st, 2017 in judges, news, personal injuries, speeches by sally

‘Supreme Court judge Lord Sumption has outlined his dislike of fault-based liability for personal injury claims but admitted it is unlikely to be replaced by a no-fault system.’

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Litigation Futures, 21st November 2017

Source: www.litigationfutures.com

Defendant granted relief even though its solicitor lied about breach – Litigation Futures

‘A circuit judge has narrowly decided to grant relief from sanctions in a case where the defendant solicitor lied that documents had been sent in time when they had not.’

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Litigation Futures, 13th November 2017

Source: www.litigationfutures.com

Appeal court orders proportionality test case revisit – Law Society’s Gazette

Posted November 8th, 2017 in appeals, civil procedure rules, costs, interpretation, judges, news, proportionality by tracey

‘The Court of Appeal has asked a costs judge to look again at the application of proportionality after ruling the new test was incorrectly applied. In the long-awaited appeal in BNM v MGN, master of the rolls Sir Terence Etherton held that senior costs judge Gordon-Saker had been wrong in principle to subject recoverable base cost and additional liabilities to the new proportionality rule.’

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Law Society's Gazette, 7th November 2017

Source: www.lawgazette.co.uk

Financial claims for children following parental separation: child maintenance and Schedule 1 – Family Law

Posted November 6th, 2017 in child support, judges, legislation, news, statutory interpretation by tracey

‘In the recent case of Green v Adams [2017] EWFC 24 Mr Justice Mostyn discussed the constraints of child support and the perceived shortcomings in the latest child maintenance regime (introduced by the Child Maintenance and Other Payments Act 2008).’

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Family Law, 3rd Niovember 2017

Source: www.familylaw.co.uk

Videos: High Court judges talk about their work – Courts and Tribunals Judiciary

Posted November 3rd, 2017 in judges, news, video recordings by tracey

‘For those thinking of applying to the High Court we asked serving High Court judges and a former High Court judge why they applied, what their preconceptions were and what their experience has been.’

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Courts and Tribunals Judiciary, 2nd November 2017

Source: www.judiciary.gov.uk

Lord Reed at the Centre for Private Law, University of Edinburgh – Supreme Court

Posted November 2nd, 2017 in foreign jurisdictions, judges, judiciary, speeches, Supreme Court by tracey

‘Lord Reed at the Centre for Private Law, University of Edinburgh: Comparative Law in the Supreme Court of the United Kingdom, 13 October 2017.’

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Supreme Court, 13th October 2017

Source: www.supremecourt.uk

Too many children in criminal court, says senior judge – Daily Telegraph

Posted November 2nd, 2017 in children, crime, criminal justice, judges, news, speeches, young offenders, young persons by tracey

‘Too many children are being criminalised by the courts, the most senior family judge in England and Wales has warned. Sir James Munby, president of the family division of the High Court, said that the Crown Prosecution Service should look at changing its charging policy for children so that fewer of them end up in the criminal courts.’

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Daily Telegraph, 1st November 2017

Source: www.telegraph.co.uk

Mediation and the judge’s letter to ‘Sam’: judges need to ‘use their imaginations’ – Family Law

Posted October 27th, 2017 in children, dispute resolution, family courts, judges, judgments, news by sally

‘In a recent article Jane Robey makes a serious point about judicial referral of parties to mediation; but she does so by criticising the judgment of Peter Jackson J (now Peter Jackson LJ) and his letter to ‘Sam’. There are lots of things wrong with the family justice system; and take up of mediation is disappointing. To use Peter Jackson J’s direct communication with the subject of the application in his court, as a means of promoting referral to mediation is surely to pick the wrong target?’

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Family Law, 26th October 2017

Source: www.familylaw.co.uk

High Court demands further cuts in law firm’s £1.6m costs bill – Litigation Futures

Posted October 25th, 2017 in costs, fees, judges, law firms, news, solicitors by michael

‘Slade J said that while an estimate was not the same as a quote, Master Rowley had “exceeded the broad measure of his discretion” in considering a reasonable upper limit on profit costs to be twice as high as the second estimate.’

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Litigation Futures, 25th October 2017

Source: www.litigationfutures.com

Hodge urges judges and lawyers to improve “scientific literacy” to understand expert evidence – Litigation Futures

Posted October 20th, 2017 in evidence, expert witnesses, judges, judiciary, legal profession, news by sally

‘A Supreme Court justice has called for judges and lawyers to improve their “scientific literacy” to ensure they did their job effectively in cases involving expert evidence.’

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Litigation Futures, 19th October 2017

Source: www.litigationfutures.com

Expert Evidence: use, abuse and boundaries, Lord Hodge – Supreme Court

Posted October 19th, 2017 in expert witnesses, judges, speeches by tracey

‘Middle Temple Guest Lecture Expert Evidence: use, abuse and boundaries,  Lord Hodge, Justice of The Supreme Court 9 October 2017.’

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Supreme Court, 12th October 2017

Source: www.supremecourt.uk

Judge sues over lack of whistleblowing protection – The Guardian

Posted October 19th, 2017 in appeals, employment, human rights, judges, news, whistleblowers by tracey

‘A judge who has spoken out over the impact of austerity on the justice system has taken a test whistleblowing case to the appeal court.’

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The Guardian, 18th October 2017

Source: www.theguardian.com

High Court judge grants malicious falsehood and data protection injunctions over video content – OUT-LAW.com

‘A UK businessman has been barred from repeating false statements he made about a rival company and one of its senior employees, and ordered not to process the personal data of that employee again.’

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OUT-LAW.com, 13th October 2017

Source: www.out-law.com

Senior judge warns over ‘shaming’ impact of legal aid cuts – The Guardian

‘One of the most senior family court judges has warned about the impact of legal aid cuts and said it was “shaming” to preside over cases in which individuals are forced to represent themselves.’

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The Guardian, 13th October 2017

Source: www.theguardian.com

Barrister shatters “taboo” by discussing emotional impact of rude judges – Legal Futures

Posted October 12th, 2017 in barristers, bullying, judges, legal profession, news by sally

‘A senior barrister has explained why she took to Twitter to shatter a longstanding “taboo” by discussing the emotional impact on advocates of “rude” or “abrasive” judges.’

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Legal Futures, 12th October 2017

Source: www.legalfutures.co.uk

Expert’s evidence was extraordinary and “shot through with breath taking arrogance” – Practical Law: Construction Blog

Posted October 11th, 2017 in conflict of interest, disclosure, evidence, expert witnesses, judges, news, trials by tracey

‘For those of who have a weekly blog to populate with content, the court’s summer recess can prove to be a challenging time. It leads us to cast our net further afield looking for ideas and cases to highlight. That is why, this week, I’m looking at two cases from August, one a personal injury claim from the County Court in Leeds, the other an intellectual property dispute from the Chancery Division. What both have in common are some choice words about the parties’ expert evidence. I know Jonathan has looked at this topic twice in recent months but, as I said, we’ve had the summer recess and these comments are just too bloggable to be ignored!’

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Practical Law: Construction Blog, 10th October 2017

Source: constructionblog.practicallaw.com

Regional costs judge reverses position on part 36 offers in fixed-costs cases – Litigation Futures

Posted October 9th, 2017 in civil procedure rules, costs, indemnities, judges, news, part 36 offers by sally

‘A regional costs judge has concluded that he was wrong to rule in a previous case that late acceptance of a part 36 offer automatically entitled the claimant to an award of indemnity costs, and thus provided an escape route out of fixed costs.’

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Litigation Futures, 9th October 2017

Source: www.litigationfutures.com

Judge cleared of making inappropriate remarks in modern slavery case – The Guardian

Posted October 6th, 2017 in complaints, judges, news, travellers by tracey

‘A crown court judge has been cleared of making inappropriate comments about Travellers when sentencing 11 members of the same family for modern slavery offences.’

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The Guardian, 5th October 2017

Source: www.theguardian.com

Judge who spared aspiring Oxford student from jail after she stabbed her partner is cleared following investigation into three complaints – Daily Telegraph

‘A judge who spared an aspiring Oxford University student from jail after she stabbed her boyfriend has been investigated over three complaints relating to the case.’

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Daily Telegraph, 29th September 2017

Source: www.telegraph.co.uk