Category: practice directions

Fern Computer Consultancy Ltd v Intergraph Cadworx & Analysis Solutions Inc – WLR Daily

Posted September 22nd, 2014 in agency, civil procedure rules, compensation, contracts, law reports, practice directions, service out of jurisdiction by sally

Fern Computer Consultancy Ltd v Intergraph Cadworx & Analysis Solutions Inc [2014] EWHC 2908 (Ch); [2014] WLR (D) 400

‘A claim brought under regulation 17 of the Commercial Agents (Council Directive) Regulations 1993 for compensation on determination of an agency agreement was not in respect of a contract or a breach of contract. Accordingly, the jurisdictional gateways for service out of the jurisdiction in paragraph 3.1(6) and (7) of Practice Direction 6B supplementing CPR Pt 6 did not apply.’

WLR Daily, 29th August 2014

Source: www.iclr.co.uk

Practice Note: Chancery Chambers Changes 1st October 2014 – Judiciary of England and Wales

Posted September 15th, 2014 in civil procedure rules, courts, documents, electronic filing, expert witnesses, internet, practice directions, witnesses by sally

‘From 1 October 2014 the Chancery Division in London will commence using the new CE-File electronic court file and some data stored on the old IT system will be transferred to CE-File.’

Full practice note

Judiciary of England and Wales, 11th September 2014

Source: www.judiciary.gov.uk

Consultation: Family Transparency – The next steps – Judiciary of England and Wales

Posted August 20th, 2014 in consultations, family courts, pilot schemes, practice directions by sally

‘This consultation, on behalf of the President of the Family Division, Sir James Munby, invites comments on the next steps of the Transparency reform.’

Consultation

Judiciary of England and Wales, 19th August 2014

Source: www.judiciary.gov.uk

Guidance for the instruction of experts in civil claims 2014 – Civil Justice Council

Posted August 18th, 2014 in case management, civil justice, civil procedure rules, disciplinary procedures, expert witnesses, fees, news, practice directions, solicitors by sally

‘Civil Justice Council issues new guidance on instructing experts in civil claims.’

Full guidance

Civil Justice Council, 13th August 2014

Source: www.judiciary.gov.uk

A new PD for Insolvency Proceedings: minor changes can still trip you up – 11 Stone Buildings

Posted August 7th, 2014 in insolvency, news, practice directions, winding up by sally

‘With very little fanfare indeed, a new Practice Direction for Insolvency Proceedings came into effect on 29 July 2014, replacing that of February 2012. The changes between the 2012 and 2014 Insolvency Practice Directions are minor, but have the potential to trip up practitioners. Thomas Robinson sets out the three main areas to note.’

Full story (PDF)

11 Stone Buildings, August 2014

Source: www.11sb.com

IG Index Ltd v Cloete – WLR Daily

Posted August 4th, 2014 in appeals, civil procedure rules, disclosure, documents, employment tribunals, law reports, practice directions, unfair dismissal by sally

IG Index Ltd v Cloete [2014] EWCA Civ 1128; [2014] WLR (D) 360

‘CPR r 31.22 applied to restrict the use of documents disclosed pursuant to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 and, their replacement, the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

Law Society Sharia wills guidance “cannot change the law”, justice minister says – Legal Futures

Posted July 28th, 2014 in drafting, equality, islamic law, Law Society, news, practice directions, rule of law, wills by sally

‘The government has refused to be drawn into the row over controversial advice from the Law Society on Sharia-compliant wills, but insisted that it “does not, and cannot, change the law”.’

Full story

Legal Futures, 28th July 2014

Source: www.legalfutures.co.uk

The Criminal Practice Directions, revised October 2014 – Judiciary of England and Wales

Posted July 25th, 2014 in costs, criminal procedure, practice directions, press releases by sally

‘The Criminal Practice Directions, revised October 2014: Summary of Key Changes and Additions.’

Full press release

Judiciary of England & Wales, 23rd July 2014

Source: www.judiciary.gov.uk

Mitchell: conjoined appeals – Law Society’s Gazette

Posted July 14th, 2014 in appeals, case management, civil procedure rules, costs, news, practice directions, proportionality, time limits by sally

‘Practitioners will be conscious of the ridiculous practice that ensued in the lower courts following the ‘guidance’ dispensed by the Court of Appeal in Mitchell v News Group Newspapers [2013] EWCA Civ 1537 as to the operation and application of rule 3.9 of the Civil Procedure Rules – Relief from Sanction.’

Full story

Law Society’s Gazette, 14th July 2014

Source: www.lawgazette.co.uk

Court of Appeal takes some of the blame for “misunderstood and misapplied” Mitchell ruling – Litigation Futures

Posted July 7th, 2014 in appeals, budgets, civil procedure rules, costs, news, practice directions, proportionality, time limits by sally

‘The Mitchell ruling has been “misunderstood and is being misapplied by some courts”, the Master of the Rolls said today in issuing more detailed guidance on how it should be used – while also recognising that some of the language used in Mitchell may have contributed to the problems.’

Full story

Litigation Futures, 4th July 2014

Source: www.litigationfutures.com

Court of Appeal sets out 3-stage test for applications for relief from sanctions – Local Government Lawyer

Posted July 7th, 2014 in budgets, civil procedure rules, costs, news, practice directions, proportionality, time limits by sally

‘The Court of Appeal’s ruling today [4 July] in three linked appeals relating to its its earlier judgment in Mitchell will make civil litigation less adversarial and more co-operative, the Law Society has predicted.’

Full story

Local Government Lawyer, 4th July 2014

Source: www.localgovernmentlawyer.co.uk

Mitchell-Game, Set and Match? – NearlyLegal

Posted July 7th, 2014 in budgets, civil procedure rules, costs, news, practice directions, proportionality, time limits by sally

‘The eagerly awaited Court of Appeal judgement in Denton & others v TH White Ltd & others was handed down on Friday. Dyson LJ provides a careful methodology on the approach to applications for relief from sanctions under CPR 3.9, with the aim to set to rights the fall-out from the landmark decision of Mitchell v News Group Newspapers Ltd’

Full story

NearlyLegal, 6th July 2014

Source: www.nearlylegal.co.uk

Can A Consent Order Be Set Aside In Financial Proceedings? – Family Law week

Posted June 20th, 2014 in case management, consent orders, news, practice directions, setting aside by sally

‘In the light of TF v PJ [2014] EWHC 1780 (Fam), Francis Wilkinson, barrister of Field Court Chambers, asks whether an application to set aside is permissible where there has been a change of circumstances which undermines the basis of a consent order – and suggests an answer.’

Full story

Family Law Week, 18th June 2014

Source: www.familylawweek.co.uk

Dar Al Arkan Real Estate Development Co and another v Majid Al-Sayed Bader Hashim Al Refai and others – WLR Daily

Posted June 4th, 2014 in civil procedure rules, committals, company directors, contempt of court, EC law, jurisdiction, law reports, practice directions by sally

Dar Al Arkan Real Estate Development Co and another v Majid Al-Sayed Bader Hashim Al Refai and others: [2014] EWCA Civ 715; [2014] WLR (D) 239

‘CPR r 81.4(3), which gave the court power to order that a company director or officer be imprisoned for a company’s contempt, applied to a director who was outside the jurisdiction.’

WLR Daily, 23rd May 2014

Source: www.iclr.co.uk

Rule committee set to introduce blanket £10m costs management exemption – Litigation Futures

Posted February 26th, 2014 in budgets, civil procedure rules, costs, news, practice directions by sally

‘The Civil Procedure Rule Committee (CPRC) looks set to introduce an exemption from costs management for all civil cases that are worth in excess of £10m – even though Sir Rupert Jackson himself is opposed to any exceptions. Newly released papers from the 6 December meeting of the CPRC reveal that it fell into line with the joint recommendation of the Master of the Rolls, Lord Dyson, and the deputy head of civil justice, Lord Justice Richards.’

Full story

Litigation Futures, 26th February 2014

Source: www.litigationfutures.com

Court of Protection Update – Family Law Week

Posted February 17th, 2014 in Court of Protection, deprivation of liberty safeguards, guardianship, jurisdiction, news, practice directions, reporting restrictions by sally

‘Sally Bradley and Michael Edwards, barristers of 4 Paper Buildings, consider the President’s guidance on transparency in the Court of Protection as well as the most important recent judgments.’

Full story

Family Law Week, 16th February 2014

Source: www.familylawweek.co.uk

Judiciary mulls allowing parties to agree time extensions between themselves – Litigation Futures

Posted February 14th, 2014 in civil procedure rules, news, practice directions, time limits by sally

‘The judiciary is considering a change to model directions that would allow parties to agree a 28-day extension to time limits without the need for court approval, it has emerged.’

Full story

Litigation Futures, 13th February 2014

Source: www.litigationfutures.com

Vidal-Hall and others v Google Inc – WLR Daily

Posted January 27th, 2014 in civil procedure rules, data protection, internet, jurisdiction, law reports, misuse of private information, practice directions, privacy, service out of jurisdiction by sally

Vidal-Hall and others v Google Inc [2014] EWHC 13 (QB); [2014] WLR (D) 21

‘A claim for misuse of private information was a tort within the meaning of para 3.1(9) of Practice Direction 6B—Service out of the jurisdiction.’

WLR Daily, 16th January 2014

Source: www.iclr.co.uk

Costs judge refuses relief despite “qualms” over sanction – Litigation Futures

Posted January 15th, 2014 in appeals, costs, news, penalties, practice directions by sally

‘A costs judge has refused relief from sanctions despite his “qualms” at the nature of the penalty for the breach involved.’

Full story

Litigation Futures, 14th January 2014

Source: www.litigationfutures.com

Smith v Secretary of State for Energy and Climate Change – WLR Daily

Posted December 9th, 2013 in appeals, civil procedure rules, disclosure, employment, government departments, health & safety, jurisdiction, law reports, practice directions by sally

Smith v Secretary of State for Energy and Climate Change [2013] EWCA Civ 1585; [2013] WLR (D) 473

‘In order for the court to have jurisdiction to make an order under CPR r 31.16 for disclosure before proceedings had started, it was not a requirement that the applicant have an arguable case in those proceedings.’

WLR Daily, 5th December 2013

Source: www.iclr.co.uk