‘The facts and consequences of Mitchell are now well known, if not notorious amongst those conducting civil ligation.’
Sovereign Chambers, 7th January 2014
Source: www.sovereignchambers.co.uk
‘On 20 December 2013 judgment was handed down in the first judicial review of a decision of the Legal Ombudsman (“LeO”) to reach a substantive hearing. The judgment will be of interest to lawyers and complainants wishing to challenge unappealable decisions of LeO. It is particularly (though not only) relevant to LeO decisions which direct a reduction in fees. This is an area which, in view of the absence of a limit on the amount by which LeO can reduce fees, has caused particular controversy.’
4 New Square, 3rd January 2014
Source: www.4newsquare.com
‘Changes to defamation laws should help cut the number of libel claims being brought before UK courts, an expert has said.’
OUT-LAW.com, 3rd January 2014
Source: www.out-law.com
‘The High Court has issued guidance on how to serve late witness statements in certain circumstances without falling foul of the Mitchell ruling, after refusing relief from sanction when a party tried to do just that on the first day of trial.’
Litigtation Futures, 19th December 2013
Source: www.litigationfutures.com
‘The Court of Appeal has cited the landmark Mitchell costs case for the first time to reject a defendant’s plea for relief from sanctions.’
Law Society’s Gazette, 18th December 2013
Source: www.lawgazette.co.uk
‘The new emphasis on courts considering a “wide range of interests” beyond just those of the parties before them when deciding applications for relief from sanctions is not “an enhanced tactical weapon” for non-defaulting parties, the High Court warned last week.’
Litigation Futures, 16th December 2013
Source: www.litigationfutures.com
‘A recent court decision which changed the point at which the six years within which a contractor must begin litigation in the courts starts to run could lead to uncertainty for the successful party to an earlier adjudication, an expert has said.’
OUT-LAW.com, 12th December 2013
Source: www.out-law.com
‘The relationship between justice and procedure “has not changed so as to transform rules and rule compliance into trip wires”, the High Court said this week in the first significant post-Mitchell ruling where relief from sanctions was granted.’
Litigation Futures, 13th December 2013
Source: www.litigation.com
‘The EAT, Mr Justice Langstaff sitting alone, has recently looked again at the application of the ‘reasonably practicable’ test in circumstances where a claim for unfair dismissal was lodged after the three month deadline had expired.’
No. 5 Chambers, 4th December 2013
Source: www.no5.com
‘The Children and Families Bill 2013 represents one of the biggest shake-ups of the law relating to family life in years.’
Halsbury’s Law Exchange, 3rd december 2013
Source: www.halsburyslawexchange.co.uk
‘The chef’s lawyers are battling to convince judges the word is inherently offensive to black people and almost always discriminatory – no matter in what context it is used.’
Daily Telegraph, 2nd December 2013
Source: www.telegraph.co.uk
‘The Court of Appeal today upheld a strict costs judgment in a landmark case which establishes the court’s post-Jackson hardline approach to costs budgeting.’
Law Society’s Gazette, 27th November 2013
Source: www.lawgazette.co.uk
“Nicola Phillipson, Zenith Chambers, examines the case of Berger v Berger where the Court of Appeal refused permission to the appellant to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 almost six years out of time.”
Zenith Chambers, 5th November 2013
Source: www.zenithchambers.co.uk
“The government has come under fire from extradition and human rights practitioners for seeking to remove the automatic right of appeal in extradition cases.”
Halsbury’s Law Exchange, 15th November 2013
Source: www.halsburyslawexchange.co.uk
“A High Court judge has given a group of Romany Travellers permission for a judicial review over a council’s decision to evict them from an unauthorised site on Green Belt land.”
Local Government Lawyer, 18th November 2013
Source: www.localgovernmentlawyer.co.uk
“Poorsalehy v Wandsworth LBC (2013) QBD 07/11/2013. A cautionary tale, albeit one that was rather hard on Mr Poorsalehy. Mr P had applied to Wandsworth as homeless. His application was rejected by s.184 decision and the s.202 upheld the decision.”
NearlyLegal, 13th November 2013
Source: www.nearlylegal.co.uk/blog/
“It is now almost 6 months since the Brave New World of Jackson. This article considers the impact of the reforms and stated ‘culture change’.”
Full story (PDF)
Zenith Chambers, 25th October 2013
Source: www.zenithchambers.co.uk
“Dominic Regan serves up a survival guide.”
New Law Journal, 29th October 2013
Source: www.newlawjournal.co.uk
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