Chancery Division to pilot fixed-length trials from May – Litigation Futures

Posted March 20th, 2014 in case management, news, pilot schemes, time limits, trials by sally

‘A pilot of fixed-ended trials will begin in the Chancery Division in less than six weeks’ time – and parties have been warned that they may be given just 24 hours’ notice that they are to be included in it.’

Full story

Litigation Futures, 20th March 2014

Source: www.litigationfutures.com

Warren v Care Fertility (Northampton) Ltd and another – WLR Daily

Posted March 20th, 2014 in assisted reproduction, consent, human tissue, law reports, time limits, widows by sally

Warren v Care Fertility (Northampton) Ltd and another: [2014] EWHC 602 (Fam);  [2014] WLR (D)  135

‘Pursuant to section 3 of the Human Rights Act 1998, regulation 4(3)(b) of the Human Fertilisation and Embryology (Statutory Storage Period for Embryos and Gametes) Regulations 2009 was required to be construed in a purposive way so as to ensure compatibility with rights under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 6th March 2014

Source: www.iclr.co.uk

 

High Court brands claim of late budget filing “manifest nonsense” – Litigation Futures

Posted March 13th, 2014 in budgets, case management, costs, news, service, time limits by sally

‘A High Court judge yesterday sought to “reinforce the message that the Commercial Court will firmly discourage the taking of futile and time-wasting procedural points” as it appeared the message from last month’s Summit Navigation ruling “may not yet have been heard”.’

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Litigation Futures, 13th March 2014

Source: www.litigationfutures.com

High Court rules dead partner’s sperm can be kept despite lack of written consent – UK Human Rights Blog

‘Elizabeth Warren -v- Care Fertility (Northampton) Limited and Other [2014] EWHC 602 (Fam). The High Court has ruled in favour of a 28-year-old woman who wanted her late husband’s sperm to be retained even though the correct written consent was not in place. Mrs Justice Hogg (“Hogg J”) ruled that Mrs Warren has a right under Article 8 of the European Convention on Human Rights (the right to respect for private and family life) to decide to become a parent by her deceased husband.’

Full story

UK Human Rights Blog, 12th March 2014

Source: www.ukhumanrightsblog.com

Precedent H to be amended in CPR update but no news yet on costs management limit – Litigation Futures

Posted March 6th, 2014 in budgets, civil procedure rules, costs, news, time limits by sally

‘The statement of truth to be used in verifying a costs budget is to be changed, the latest update to the Civil Procedure Rules has revealed – but there is no word as yet about whether the level at which the costs management exemption kicks in will be increased.’

Full story

Litigation Futures, 6th March 2014

Source: www.litigationfutures.com

Beth Warren waits on sperm legal fight result – BBC News

‘The High Court will rule later on a widow’s attempt to prevent her dead husband’s sperm from being destroyed.’

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BBC News, 6th March 2014

Source: www.bbc.co.uk

Summit Navigation Ltd and another v Generali Romania Asigurare Reasigurare SA and another – WLR Daily

Summit Navigation Ltd and another v Generali Romania Asigurare Reasigurare SA and another [2014] EWHC 398 (Comm); [2014] WLR (D) 104

‘All sanctions were not equal nor were they to be treated as equivalent to one another for the purposes of an application for relief from sanctions under CPR r 3.9.’

WLR Daily, 21st February 2014

Source: www.iclr.co.uk

Basically, we are all… – NearlyLegal

‘Associated Electrical Industries Ltd v Alstom UK [2014] EWHC 430 is the latest case to be handed down in the post Jackson/Mitchell dystopian legal world.’

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NearlyLegal, 4th March 2014

Source: www.nearlylegal.co.uk

High Court sends out strong warning against ‘tactical’ use of Mitchell – Litigation Futures

‘The Mitchell ruling is not to be used as a tactical weapon, the High Court has warned litigators in a case where its opprobrium was reserved for the conduct of the party on the other side of the default.’

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Litigation Futures, 21st February 2014

Source: www.litigationfutures.com

Extensions of time for witness statements post Mitchell and Lloyd ~ Don’t be caught out – 11 Stone Buildings

Posted February 14th, 2014 in civil procedure rules, consent orders, news, time limits, witnesses by sally

‘The recent decision in MA A Lloyd & Sons Ltd v PPC International Ltd [2014] EWHC 41 (QB) provides that parties who agree to extend time for service of witness statements must also apply to the Court for an order by consent. A mere written agreement is not sufficient. In the post-Mitchell, post-Lloyd world, parties are increasingly unlikely to agree extensions of time. Tom Shepherd considers the decision in Lloyd and highlights some practical pointers which parties who need to make or respond to an application to extend time for witness statements can consider. He also explains why this decision leaves us with a few unresolved questions.’

Full story

11 Stone Buildings, February 2014

Source: www.11sb.com

Reforms to help reduce reoffending come into force – Ministry of Justice

Posted February 14th, 2014 in criminal records, news, rehabilitation, time limits by sally

‘Reforms which will cut the amount of time some offenders need to disclose details of any low level convictions will come into effect next month, Justice Minister Simon Hughes said today.’

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Ministry of Justice, 13th February 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

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

Family law in crisis – New Law Journal

‘Cuts to legal aid have thrown family proceedings into chaos, say Kim Beatson, Caroline Bowden & Ellen Lucas.’

Full story

New Law Journal, 10th February 2014

Source: www.newlawjournal.co.uk

Linford Christie lawyers outpaced by Mitchell penalty – Law Society’s Gazette

Posted February 11th, 2014 in budgets, civil procedure rules, costs, news, time limits by sally

‘Filing a costs budget even just a day late does not count as a “trivial” breach of rules, a county court has ruled.’

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Law society’s Gazette, 11th February 2014

Source: www.lawgazette.co.uk

When to plead fraud – Barristers’ Hub

Posted February 3rd, 2014 in enforcement, fraud, misrepresentation, news, pleadings, time limits by sally

‘Pleading fraud is not to be done lightly, and there can be significant adverse consequences of doing so inappropriately. Equally, however, failing to plead fraud where appropriate can deprive a party to litigation of the opportunity to succeed on a point which might be decisive in that party’s favour, and successfully alleging fraud can have very beneficial consequences in terms of liability, remedy and enforcement. This article is intended to provide a brief overview of factors that should be weighed when deciding whether to plead fraud in any given (civil) claim.’

Full story

Barristers’ Hub, 31st January 2014

Source: www.barristershub.co.uk

Widow begins case to keep dead husband’s sperm – The Independent

Posted February 3rd, 2014 in assisted reproduction, human tissue, married persons, news, time limits, widows by sally

‘A widow’s High Court case to preserve her late husband’s sperm has begun.’

Full story

The Independent, 31st Janaury 2014

Source: www.independent.co.uk

Company barred from giving evidence in court due to “substantial delay” in providing witness statements – OUT-LAW.com

‘Civil court litigants must comply with court orders or “face the consequences”, an expert has said, after the High Court barred a company from giving evidence about a particular issue at trial after it failed to exchange witness statements within a reasonable time.’

Full story

OUT-LAW.com, 28th January 2014

Source: www.out-law.com

Reed Employment Ltd v Revenue and Customs Comrs – WLR Daily

Posted January 27th, 2014 in appeals, equality, HM Revenue & Customs, law reports, repayment, time limits, tribunals, VAT by sally

Reed Employment Ltd v Revenue and Customs Comrs [2014] EWCA Civ 32; [2014] WLR (D) 23

‘Section 80(3) of the Value Added Tax Act 1994, as inserted, which gave the revenue a possible defence of unjust enrichment for claims made after 26 May 2005 for the recovery of overpaid VAT, without regard to the period in respect of which the claim was made, was not unlawful.’

WLR Daily, 23rd Janaury 2014

Source: www.iclr.co.uk

Court’s permission needed to extend time for service of witness statements – Hardwicke Chambers

Posted January 22nd, 2014 in agreements, civil procedure rules, courts, news, service, time limits, witnesses by sally

‘In almost every litigated case the parties usually find themselves needing to vary the dates of some directions. This can be done by way of written agreement between the parties and is allowed by CPR 2.11.’

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Hardwicke Chambers, 22nd January 2014

Source: www.hardwicke.co.uk

Home Office has ‘tailored plans’ for terror suspects as controls expire – The Guardian

‘Police and MI5 will put “tailored plans” in place to manage the risks posed by terror suspects when existing supervision measures expire later this month, the Home Office has insisted.’

Full story

The Guardian, 18th January 2014

Source: www.guardian.co.uk