ARE THE COURTS MANAGED IN A COMPETENT MANNER? YOU BE THE JUDGE…

September 16, 2018 · by gexall · in Bundles, Case Management

A post earlier this week emphasised the need not to make pejorative statements in litigation, an American judge stated “the better practice is usually to lay out the facts and let the court reach its own conclusions.” That is all I am going do here with the permission of Daniel Taylor, setting out two tweets.

‏ @DTWorkNew

Trial adjourned as Court could not locate the bundles. Relisted next available date. Next available date 12 months from original Trial. #IPreferNotToSpeak

‏ @DTWorkNew

Court had lost both bundles; Court copy and witness copy. Court also waited until after midday to confirm that the bundles had been mislaid. Had they confirmed in the morning, replacements could have been provided.

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One Response

Steve Netherwood · September 17, 2018 at 08:36:56 · →

I had two trials in July, both of which were postponed. (One of them for the second time.) In both cases it was because ‘no judge is available’.
One client is going to have additional costs of a trip to a not-very-nearby court and a second preparation. The other is going to incur probably over £1,000 of extra counsel’s fees as well as a second preparation.
This is fundamentally unjust, but there is no comeback.

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