Category: practice directions
Practice Direction 12J, fact find hearings and child arrangements – E, F and G (Interim Child Arrangements) [2024] EWCA Civ 874 – Becket Chambers
‘E, F and G (Interim Child Arrangements) [2024] EWCA Civ 874 was a recent appeal brought by the Mother on 2 grounds; the first in respect of a child arrangements order made for unsupervised contact and the second regarding an adjournment due to a Qualified Legal Representative (‘QLR’) not being available for the fact find hearing. This article will focus on the first ground in respect of the child arrangements order.’
Becket Chambers, 30th September 2024
Source: becket-chambers.co.uk
Judge refuses to point finger at solicitor over witness statement failure – Legal Futures
‘Another party has fallen victim to the rules on witness statements, but the High Court has declined to order their solicitor to explain how the failure to comply came about.’
Legal Futures, 10th September 2024
Source: www.legalfutures.co.uk
Judge in Court of Protection declines request for judicial visit due to risk of “unconscious bias” – Local Government Lawyer
‘A judge sitting in the Court of Protection has declined to meet the applicant in advance of a capacity hearing, over concerns that a judicial visit “may influence decision making” and cause unfairness to the parties.’
Local Government Lawyer, 12th March 2024
Source: www.localgovernmentlawyer.co.uk
Court of Appeal sets out limits of relief from sanctions regime – Legal Futures
‘A failure to seek permission under the Civil Procedure Rules (CPR) does not automatically mean lawyers then need to apply for relief from sanctions, the Court of Appeal has ruled.’
Legal Futures, 29th January 2024
Source: www.legalfutures.co.uk
CPR Witness Statements: Lost in Translation – St John’s Buildings
‘An appeal was recently heard by, Mr Justice Freedman, about whether the preparation of a witness statement in English by a multilingual Claimant was CPR compliant or, in breach of Practice direction, 32.PD.18.1. The case is now reported as Afzal v UK Insurance Ltd (2023) EWHC 1730 KB.’
St John's Buildings, 31st October 2023
Source: stjohnsbuildings.com
Tom Hickman KC: Candour Inside-Out: Disclosure in Judicial Review – UK Constitutional Law Association
‘A feature of judicial review procedure is that disclosure of documents is not required. The procedural rules make no provision for disclosure (indeed, they state that parties are not required to provide disclosure). Despite this, disclosure is increasingly provided in judicial review litigation as a matter of course. This is welcome. Appropriately focused disclosure facilitates rather than impedes efficient judicial review proceedings. It ensures judges and claimants are properly sighted on the decision-making process and it avoids the dangers of spin and omission in the summarisation of documents. But the approach taken by public bodies varies markedly, depending on their interpretation of the requirements of the common law “duty of candour”. In the absence of any rules governing the process, defendants sometimes do not disclose important documents while other cases get bogged-down in elaborate search and disclosure exercises.’
UK Constitutional Law Association, 16th October 2023
Source: ukconstitutionallaw.org
Expert evidence – the importance of independence – Mills & Reeve
‘The rules on expert witnesses in the courts of England and Wales are governed by Part 35 of the Civil Procedure Rules. One of the fundamental principles when it comes to expert evidence is that of independence.’
Mills & Reeve, 19th September 2023
Source: www.mills-reeve.com
Contempt of court – yet more confusion and inconsistency over naming of guilty party – Transparency Project
‘This case has also revealed inconsistencies within and between a key practice direction and recently updated rules of court, and differences of approach between senior High Court judges. In these circumstances, it seems difficult to expect ordinary mortals to follow and understand the law, the key purpose of which is to prevent criminal penalties (including imprisonment) being imposed against someone in secret. It is particularly difficult because, as we discovered, the relevant rules and practice directions are not at all easy to find.’
Transparency Project, 1st August 2023
Source: transparencyproject.org.uk
A Master’s decision to order disclosure of internal non-contemporaneous documents upheld on appeal (Re Scherbakov (deceased)) – Gatehouse Chambers
‘Dispute Resolution analysis: On appeal, an order for disclosure against neutral Interim Administrators of the estate of a deceased person, requiring the search of review of non-contemporaneous internal documents has been upheld.’
Gatehouse Chambers, 24th March 2023
Source: gatehouselaw.co.uk
Experts cast doubt on Braverman’s hopes of ECHR rule change on Rwanda – The Guardian
‘Legal experts have cast doubt on the UK’s claims of “possible reforms” to European court of human rights procedures that stopped an asylum seeker from being deported to Rwanda last year.’
The Guardian, 20th March 2023
Source: www.theguardian.com
Appeal notices and the electronic working pilot – Law Society’s Gazette
‘The important procedural question raised in Microsoft Ireland Operations Limited v JJH Enterprises Limited [2022] EWCA Civ 1509 was this: where an appellant’s notice (AN) is filed with the Court of Appeal electronically in accordance with the Electronic Working Pilot Scheme (introduced by PD51O), should the AN be filed by 4.30pm on the last day of the permitted period, or could it be filed at any time up to midnight on that day?’
Law Society's Gazette, 3rd March 2023
Source: www.lawgazette.co.uk
Participation of vulnerable parties in civil litigation: split trials and stays (AXX v. Zajac) – Exchange Chambers
‘AXX (A protected party by his litigation friend XRE) v. Zajac [2022] EWHC 2463 is the first reported case in the High Court (KBD) concerning the ‘new’ CPR Practice Direction 1A which requires the court to take all proportionate measures to address any impediment to a party’s participation in proceedings caused by their ‘vulnerability’. Master McCloud granted an application made on behalf of the Claimant (who was a protected party due to a psychotic condition which had arisen after his accident) for a trial of causation as a preliminary issue on the basis that, if successful at that stage, the Claimant could seek interim funding for treatment to address his psychiatric symptoms and allow him to participate fully in the subsequent quantum trial. The Master also refused an application from the Defendant for an ‘unless’ order (whereby the claim would be stayed unless the Claimant cooperated with examinations to be performed by the Defendant’s instructed medical experts) because of concerns about the Claimant’s capacity to consent to examination. This decision illustrates the important role that PD1A has in shaping case management decisions to protect the interests of parties with vulnerabilities.’
Exchange Chambers, 22nd December 2022
Source: www.exchangechambers.co.uk
Judge warns solicitors over witness statement compliance certificates – Legal Futures
‘The High Court has issued a stark warning to solicitors who sign a certificate of compliance on non-compliant witness statements so their clients can have their day in court.’
Legal Futures, 4th January 2023
Source: www.legalfutures.co.uk
Failure to comply with PD57AC — it can be costly! – Local Government Lawyer
‘Amba Griffin-Booth examines the lessons to be learned from a recent case concerning compliance with PD57AC.’
Local Government Lawyer, 28th October 2022
Source: www.localgovernmentlawyer.co.uk
Claimant to pay indemnity costs after latest witness statement failure – Legal Futures
‘The High Court has ordered a claimant who seriously breached the rules on witness statements to pay indemnity costs, having exacerbated the situation by dismissing the defendant’s concerns.’
Legal Futures, 21st September 2022
Source: www.legalfutures.co.uk
Transparently clunky – Local Government Lawyer
‘Alex Ruck Keene QC (Hon) analyses recent comments made by Mostyn J and transparency orders before the Court of Protection.’
Local Government Lawyer, 19th August 2022
Source: www.localgovernmentlawyer.co.uk
Family Public Law … Choosing an Expert – Becket Chambers
‘When it is decided that it is “necessary” – and that is the first question to be decided by the Court (Practice Direction 25 of the Family Procedure Rules 2010) – this should be as early as possible within the start of proceedings.’
Becket Chambers, 11th August 2022
Source: becket-chambers.co.uk
Some reflections on the new world order – Practical Law: Construction Blog
‘In the Business and Property Courts (B&PCs), Practice Direction (PD) 57AC has applied to all trial witness statements signed since 6 April 2021. The commencement date of the Disclosure Pilot Scheme (under PD 51U), was 1 January 2019. However, it has been approved and will become permanent from 1 October 2022 (under PD 57AD).
I want to share a few reflections, based on recent experience, around how the rules in these two Practice Directions can interact at trial.’
Practical Law: Construction Blog, 3rd August 2022
Judge condemns “trench warfare” over witness statements – Legal Futures
‘The rules on witness statements should not be seen as encouragement to go through them “with a fine-tooth comb” to identify “as many instances of non-compliance as possible for use in trench warfare”, the High Court has said.’
Legal Futures, 25th July 2022
Source: www.legalfutures.co.uk
