Celebrate Lady Hale – then make the senior judiciary more diverse – The Guardian

Posted July 24th, 2017 in diversity, judges, judiciary, news, Supreme Court, women by sally

‘Brenda Hale’s appointment as president of the UK supreme court is a landmark. But the highest echelons of the legal profession still need change.’

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The Guardian, 23rd July 2017

Source: www.theguardian.com

Wonder of mobile internet means I can deal with cases on the move, top family court judge says – Daily Telegraph

Posted July 19th, 2017 in adoption, appeals, electronic mail, family courts, internet, judges, news by sally

‘England’s most senior family court judge has told how he kept up to speed with a case via the internet while travelling home for a Bank Holiday weekend on a train.’

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Daily Telegraph, 18th July 2017

Source: www.telegraph.co.uk

Police and not council must pay for special advocates in family case, says judge – Local Government Lawyer

‘The police and not a local authority must pay for the provision of special advocates in a rare example of them being required for a Family Court case, Cobb J has ruled.’

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Local Government Lawyer, 17th July 2017

Source: localgovernmentlawyer.co.uk

Appointment of new Lord Chief Justice of England and Wales – Courts and Tribunals Judiciary

‘The Rt Hon Sir Ian Burnett has been appointed the Lord Chief Justice of England and Wales from 2 October 2017.’

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Courts and Tribunals Judicairy, 14th July 2017

Source: www.judiciary.gov.uk

Grenfell judge bows to pressure to extend inquiry consultation period for survivors – Daily Telegraph

Posted July 12th, 2017 in consultations, fire, inquiries, judges, news, time limits by sally

‘The judge presiding over the Grenfell Tower fire inquiry had bowed to pressure from campaigners to extend the consultation period for the families involved.’

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Daily Telegraph, 12th July 2017

Source: www.telegraph.co.uk

Disclosure of judge’s handwritten notes – the ICO speaks – Panopticon

Posted July 12th, 2017 in data protection, disclosure, judges, Ministry of Justice, news by sally

‘Some of you may have read in last week’s Guardian of an ICO ruling which resulted in the Ministry of Justice handing over a judge’s handwritten notes under data protection legislation (if not, see the article here). If you did read the article, it may be that you are now scratching your head trying to work out why and how the notes came to be disclosed. Well you need scratch no longer – here is the ICO decision letter (for which thanks to Mrs Percival).’

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Panopticon, 11th July 2017

Source: panopticonblog.com

The Grenfell Tower inquiry: is Moore-Bick the fact-finder for the job? – Legal Futures

Posted July 11th, 2017 in evidence, fire, judges, news by sally

‘If you write a blog on civil procedure, it is not hard to steer a course away from the issues of the day.

However, there is one issue of the day that is hard to ignore. The criticisms of the appointment of Sir Martin Moore-Bick to chair the inquiry into the Grenfell Tower disaster.’

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Legal Futures, 11th July 2017

Source: www.legalfutures.co.uk

Civil way – New Law Journal

‘Before I embark on this little tale, let me put you straight. So long as they act in good faith, as they always do, judges incur no liability for erroneous decisions. So that’s alright, then. And the Crown has no liability for anything done by any person discharging judicial responsibilities? Not quite, as highlighted by LL v The Lord Chancellor [2017] EWCA Civ 237, [2017] All ER (D) 123 (Apr). If a court orders a person to be arrested or detained in contravention of Art 5 of the European Convention on Human Rights then that person is entitled to damages in a claim against the Crown (ss 7(1) and 9 of the Human Rights Act 1998) and proceedings would have to be brought against the Lord Chancellor (as if he didn’t have enough to worry about already). Detention will be unlawful if the court acted without jurisdiction (which is why judges should take the Green Book with them wherever they go) or where there was a gross and obvious irregularity in the court’s procedure or a flagrant denial of justice.’

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New Law Journal, 7th July 2017

Source: www.newlawjournal.co.uk

Grenfell Tower inquiry aims for first public hearings in September – The Guardian

Posted July 10th, 2017 in housing, inquiries, judges, local government, London, news by sally

‘The Grenfell Tower fire inquiry hopes to hold its first public hearings into the cause of the disaster in September as it prepares to seize council planning archives.’

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The Guardian, 7th July 2017

Source: www.theguardian.com

How does the costs budget affect the final bill? – Court of Appeal provides guidance in Harrison – Zenith PI

‘Recent uncertainty as to how a costs budget impacts on the final bill in relation to both incurred and estimated costs has, to some extent, been resolved by the judgment in Harrison v University Hospitals Coventry & Warwickshire NHS Trust [2017] EWCA Civ 792.’

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Zenith PI, 6th July 2017

Source: zenithpi.wordpress.com

Speech by the Lord Chief Justice of England and Wales at the Dinner for Her Majesty’s Judges, 5 July 2017 – Courts and Tribunals Judiciary

Posted July 7th, 2017 in courts, judges, judiciary, jurisdiction, legal profession, London, speeches by sally

‘Speech by the Lord Chief Justice of England and Wales at the Dinner for Her Majesty’s Judges, 5 July 2017.’

Full speech

Courts and Tribunals Judiciary, 6th July 2017

Rethink needed on availability of legal aid – The Bar Council

Posted July 7th, 2017 in barristers, judges, legal aid, news, speeches by sally

‘Commenting on Lord Neuberger’s speech published yesterday, Chair of the Bar Andrew Langdon QC has said that a complete rethink on the availability and sufficiency of legal aid is needed in order to prevent excluding those who cannot afford its protection.’

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The Bar Council, 5th July 2017

Source: www.barcouncil.org.uk

Lord chief justice urges enforceability of EU rulings in UK post-Brexit – The Guardian

Posted July 6th, 2017 in brexit, EC law, enforcement, judges, judgments, news, treaties by sally

‘Ministers must work faster to ensure that after Brexit UK and EU court judgments are mutually recognised and enforced, the lord chief justice has urged.’

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The Guardian, 5th July 2017

Source: www.theguardian.com

The Insolvency Rules 2016: an assault on red tape? – Hardwicke Chambers

‘The long-awaited overhaul of the Insolvency Rules 1986 (IR 1986) is now complete, and the Insolvency Rules 2016 (IR 2016) came into force on 6 April 2017. The journey to this point has not been without its difficulties and it would be fair to say that many had anticipated them being in force some time earlier. Perhaps unusually for provisions so overtly procedural in their nature, IR 2016 have also proved to be somewhat controversial.

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Hardwicke Chambers, 14th June 2017

Source: www.hardwicke.co.uk

Janine Wolstenholme Reviews a Recent Case on Relief from Sanctions – Park Square Barristers

‘The substantive claim was a straight forward, low value personal injury claim arising out of a road traffic accident. Liability was admitted. Trial directions were given, requiring witness statements to be served by 3rd November 2016. At the eleventh hour, the Claimant’s solicitors sought an extension of two weeks from the Defendant, which was agreed (an “indulgence” in the view of the judge on appeal).’

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Park Square Barristers, 27th June 2017

Source: www.parksquarebarristers.co.uk

Revised Benefit Cap Unlawfully Discriminates Against Lone Parents With Children Under Two, High Court Rules – Garden Court Chambers

‘In a robustly worded judgment handed down today, Mr Justice Collins found the revised benefits cap operated to unlawfully discriminate lone parents with children under the age of two and those children under the age of two.’

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Garden Court Chambers, 22nd June 2017

Source: www.gardencourtchambers.co.uk

Strike out of Claim due to Solicitor’s failure to comply with Court Orders – Park Square Barristers

‘In Reece Gladwin v Adrian Bogescu [2017] EWHC 1287 (QB) the Court was concerned with an appeal by the Defendant in a road traffic accident claim against a decision to grant the Claimant relief from sanctions, following late service of the Claimant’s witness evidence.’

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Park Square Barristers, 23rd June 2017

Source: www.parksquarebarristers.co.uk

“Quick and dirty” online justice better than no justice, says Neuberger as he laments legal aid policy failure – Legal Futures

‘“Quick and dirty” online dispute resolution (ODR) is better than “no justice or absurdly over-priced justice”, the president of the Supreme Court has said in a wide-ranging speech that included a devastating critique of legal aid policy over the past two decades.’

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Legal Futures, 5th July 2017

Source: www.legalfutures.co.uk

Iraq war: judge to review Tony Blair prosecution ban – The Guardian

‘The most senior judge in England and Wales will hear a case attempting to overturn a ban on prosecuting Tony Blair over the Iraq war, the Guardian has learned.’

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The Guardian, 5th July 2017

Source: www.theguardian.com

Grenfell Tower fire: Judge Sir Martin Moore-Bick ‘doubtful’ public inquiry will satisfy residents – The Independent

Posted June 30th, 2017 in fire, health & safety, inquiries, judges, news by sally

‘The judge leading the public inquiry into the Grenfell Tower fire has said he is doubtful that the scope of the investigation will be broad enough to satisfy all survivors.’

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The Independent, 29th June 0217

Source: www.independent.co.uk