‘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.’
Zenith PI, 6th July 2017
Source: zenithpi.wordpress.com
‘The Court of Appeal has held in Cameron v Hussain and Liverpool Victoria [2017] EWCA Civ 366 that a Claimant can obtain a judgment against a Defendant identified only by description of him as the driver of a vehicle on a particular date. Whilst in almost every other area of law such judgment would be worthless as unenforceable, the Road Traffic Act 1988 provisions impose a contingent liability against the insurer of the vehicle to satisfy such a judgment. At first blush this seems to dismantle the careful limitations placed on the European Communities (Rights Against Insurers) Regulations 2002 to effectively enable a Claimant to pursue the insurer of a vehicle despite the fact that the driver of the same is unknown. This article, drafted by Park Square Barristers’ insurance indemnity specialists, Richard Paige and Judy Dawson, looks at the Court of Appeal judgment and the implications for the insurance industry.’
Park Square Barristers, 19th June 2017
Source: www.parksquarebarristers.co.uk
‘A law firm LLP which acted for itself in legal proceedings is not a litigant in person for the purposes of the CPR, the Court of Appeal has held.’
Litigation Futures, 26th June 2017
Source: www.litigationfutures.com
‘Marie Crawford, barrister of Becket Chambers, considers the orders a court might make at first hearing and dispute resolution appointment.’
Family Law Week, 9th June 2017
Source: www.familylawweek.co.uk
‘Edward Devereux QC, Dr Rob George and Edward Bennett of Harcourt Chambers consider the legal options for the left behind parent where his or her child has been taken by the other parent to another part of England and Wales.’
Family Law Week, 4th April 2017
Source: www.familylawweek.co.uk
‘In the 21st century commercial practitioners often approach the question of whether the court will hear evidence by video link as one of practicality. Questions they will commonly ask themselves include the following: will the witness be in London during the trial timetable? Will the witness be able to find time (and obtain consent from a current employer) to fly to London? Where physically could the video evidence be given and is that a suitable location? How sure can the court be that the witness is not receiving clandestine assistance “off-camera”? How secure is the video link and what is the sound and picture quality? Indeed in preparing a case that involves a number of witnesses who live and work overseas the possibility of live video evidence may well feature in trial preparation as a necessity rather than an option.’
Hardwicke Chambers, 27th March 2017
Source: www.hardwicke.co.uk
‘Mark Roscoe, barrister of The 36 Group, outlines the provisions which the Government proposes to insert into section 31 of the Matrimonial and Family Proceedings Act 1984.’
Family Law Week, 7th March 2017
Source: www.familylawweek.co.uk
‘A costs judge has emphasised the need for solicitors to plan their litigation so as to ensure that their costs are proportionate, after slashing a £72,000 bill for a low-value clinical negligence case by two-thirds.’
Litigation Futures, 22nd February 2017
Source: www.litigationfutures.com
‘Before the Jackson reforms, the relationship between proportionality and additional liabilities was clearly defined. Section 11 of the Costs Practice Direction in force before 1 April 2013 provided:
“11.5 In deciding whether the costs claimed are reasonable and (on a standard basis assessment) proportionate, the court will consider the amount of any additional liability separately from the base costs…
“11.9 A percentage increase will not be reduced simply on the ground that, when added to base costs, which are reasonable and (where relevant) proportionate, the total appears disproportionate.”’
Litigation Futures, 22nd February 2017
Source: www.litigationfutures.com
‘Stuart Clark, Associate, and David Hodson, Partner, both of The International Family Law Group LLP, describe what is known, and ask some questions, of the MoJ’s latest initiative to facilitate an online divorce system.’
Family Law Week, 7th February 2017
Source: www.familylawweek.co.uk
‘Report to the President of the Family Division by The Hon. Mr. Justice Cobb.’
Courts and Tribunals Judiciary, 20th January 2017
Source: www.judiciary.gov.uk
‘Joseph Rainer, barrister, Queen Elizabeth Building, analyses the implications of the Law Commission’s report Enforcement of Family Financial Orders.’
Family Law Week, 19th January 2017
Source: www.familylawweek.co.uk
‘Senior judges are taking steps to end the presumption that a father must have contact with a child where there is evidence of domestic abuse that would put the child or mother at risk.’
The Guardian, 20th January 2017
Source: www.guardian.co.uk
‘Guidance issued by Sir James Munby, President of the Family Division on 18 January 2017.’
Courts and Tribunals Judiciary, 17th January 2017
Source: www.judiciary.gov.uk
‘A judge has warned against unfairness to litigants in person caused by late service of documents.’
Local Government Lawyer, 12th October 2016
Source: www.localgovernmentlawyer.co.uk
‘The High Court has issued a warning to lawyers over dumping legal documents on litigants in person (LiPs) at the door of the court.’
Litigation Futures, 6th October 2016
Source: www.litigationfutures.com
‘Michael Allum, Solicitor with The International Family Law Group LLP, explains how the Central Family Court’s pilot scheme for electronic filing of documents will work.’
Family Law Week, 22nd April 2016
Source: www.familylawweek.co.uk
‘In the recent case of R (on the application of C) v First-Tier Tribunal and Others [2016] EWHC 707 (Admin) (not yet on BAILII but available on Westlaw) Picken J ruled that the immigration tribunal can appoint a litigation friend to represent a person who lacks capacity even though there is no provision to do so in the procedure rules, nor indeed in the statutory underpinnings of the tribunal.’
Free Movement, 27th April 2016
Source: www.freemovement.org.uk
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