THE (NOT SO) LONELY LITIGATOR’S CLUB (1): HILARY WETHERELL
I have meant, for some time, to start a series looking at how litigators up and down the country are dealing with working in social isolation. Hopefully shared experiences and advice will mean that we are not so lonely. I’m…
CONSTRUING THE CORONAVIRUS REGULATIONS: THE “RESCUE CULTURE”
The fact that the judgment in Carluccio’s Ltd, Re Insolvency Act 1986 [2020] EWHC 886 (Ch) was delivered on the morning of a bank holiday says a lot in itself. Mr Justice Snowden was called upon to construe aspects of…
KEEPING YOUR LAW FIRM GOING DURING THE CORONAVIRUS CRISIS (5): DEALING WITH CLIENTS
Dealing with clients is a central part of the lawyer’s job. Here we look at guidance on helping and communicating with clients throughout the coronavirus outbreak. GUIDANCE FOR LAWYERS An article from the Legal Executive Institute, ‘COVID-19 Challenges: Keeping Law Firms Going…
MORE ON THE NEW RULES EXTENDING TIME: HOW DOES THE PRACTICE DIRECTION IMPACT ON THE RULES FOR EXTENDING TIME FOR SERVICE OF THE DEFENCE?
A very sensible question was asked on Twitter last week about whether the Practice Direction extending time applied to the very specific rule about parties agreeing an extension of time for filing the defence. THE RULES RELATING TO FILING A…
KEEPING YOUR LAW FIRM GOING DURING THE CORONAVIRUS CRISIS (4): SITES THAT HELP
In the fourth in this series we look at general guides and resources from around the world available to help law firms survive the profound difficulties posed by coronavirus. LexisNexis offers a free Coronavirus Resource Kit to help prepare your…
MORE ON THE NEW STATEMENT OF TRUTH: CAN YOU CHANGE THE WORDING?
I have had questions, from several sources, about whether it is possible to amend the “new form” of the statement of truth when a document is not being signed by a party to litigation. PRACTICE DIRECTION 22. The new…
EMPLOYMENT LAWYERS RAISING FUNDS FOR THE FREE REPRESENTATION UNIT: 28 OF THE FINEST LEGAL MINDS IN THE UK
Daniel Barnett has organised 28 guest lawyers for Daily Employment Law Webinars to raise money for the Free Representation Unit. Rightly billed as some of the finest legal minds in the UK, the webinars start on the 20th April. Details…
THE REMOTE ACCESS FAMILY COURT: NOW IN IT’S THIRD EDITION: GUIDANCE ON HEARINGS
It says a lot that the Remote Access Family Court by Mr Justice MacDonald was in its 3rd version by April 3. It remains the case that much that is said there is of relevance to non-family practitioners. For instance…
SKYPE HEARINGS AND APPEALS: COURT OF APPEAL ARE STEPPING ON THE GAS…
Teesside Gas Transportation Ltd v Cats North Sea Ltd & Ors [2020] EWCA Civ 503 demonstrated that Court of Appeal hearings can take place remotely. “I have explained how this hearing was undertaken in an attempt to demonstrate the…
DIVISIONAL COURT FINDS THAT EXPERT IN CONTEMPT OF COURT SHOULD HAVE BEEN ERASED FROM MEDICAL REGISTER: “NEW” EVIDENCE ADMITTED
The judgment of the Divisional Court today in General Medical Council & Ors v Zafar [2020] EWHC 846 (Admin) provides an interesting sequel to the earlier judgments in relation to contempt of court by a doctor who had been seriously…
CIVIL COMMITTAL PROCEEDINGS AND EARLY RELEASE FROM PRISON: CORONAVIRUS A RELEVANT FACTOR
In Chelsea Football Club Ltd v Nichols & Anor [2020] EWHC 827 (QB) Mr Justice Chamberlain held that the applicant’s health condition, current prison conditions and coronavirus were a relevant factor in the early discharge of someone imprisoned for contempt…
HEARING WHERE PARTIES MADE SUBMISSIONS BY TELEPHONE IS NOT INCONSISTENT WITH THE OPEN JUSTICE PRINCIPLE
In the judgment given today in Jankowski v Regional Court of Torun, Poland [2020] EWHC 826 (Admin) Mr Justice Fordham explained the steps taken by the court meant that a hearing held where the parties attended by telephone complied with…
THE TRIAL WILL GO ON: JUDGE REJECTS ARGUMENT THAT FIVE WEEK TRIAL HAD TO BE ADJOURNED BECAUSE OF COVID-19
In Blackfriars Ltd, Re [2020] EWHC 845 (Ch) Mr John Kimbell QC (sitting as a Deputy High Court judge) refused an application to adjourn a trial made on the basis of the difficulties caused by coronavirus. The judgment contains a…
CASES PROCEEDING IN BIRMINGHAM HIGH COURT (QBD) AND COUNTY COURT: GUIDANCE FROM THE DCJ
HHJ Worster: the Acting Designated Civil Judge for Birmingham has issued the following guidance in relation to cases proceeding in the QBD at Birmingham High Court and Birmingham County Court. “This local guidance provides some general information about…
KEEPING YOUR LAW FIRM GOING DURING THE CORONAVIRUS CRISIS (3): CASH FLOW
In the third in this series we look at the help and guidance in relation to cashflow. This is a important topic for every law firm and chambers. It is also a subject on which some lawyers may have to…
SOUTH YORKSHIRE CIVIL: COVID LISTING AND HEARING PROTOCOL
HHJ Robinson, the DCJ for South Yorkshire, has published a listing and hearing protocol for all court users. This is reproduced in full below. “South Yorkshire Civil Covid-19 Protocol 1 His Honour Judge Graham Robinson, Designated Civil Judge (DCJ)…
THE NEW RULES: LINKS TO ALL THE POSTS: MITIGATION, THE STATEMENT OF TRUTH AND WITNESS STATEMENTS IN A FOREIGN LANGUAGE
The rules that came into force yesterday seemed to take some people by surprise. I did write about them back in February, but a few things have happened since then. Here are links to the previous posts on the new…
JOHN COLLINS: BARRISTER, SCHOLAR AND THE KINDEST PERSON YOU ARE EVER LIKELY TO MEET
Earlier this evening Richard Wright, the leader of North-Eastern Circuit announced the death of barrister John Collins, of Park Square, Barristers, Leeds. “Today the @ne_circuit lost one of its finest. John Collins called to the Bar 1956 and working to…
WORKING FROM HOME WITH KIDS: GUIDANCE FROM THE NICE PEOPLE ON TWITTER AND USEFUL LINKS
Not only are many people having to adapt to working from home and the kids are there too. This obviously creates many problems. I asked if anyone on Twitter had any tips and got some helpful replies. I have put…
REMOTE HEARINGS AND THE “MacMICRO FRIEND”: A NEW LEGAL CONCEPT IS BORN…
The judgment of Mr Justice Williams in Padero-Mernagh v Mernagh (Divorce: Nullity: Remote Hearing) [2020] EWFC 27 introduces a new legal concept, the ‘MacMicro friend”. In all seriousness this is something that will have to be considered given that family…
CIVIL UPDATE FOR NORTH AND WEST YORKSHIRE: NEW GUIDANCE TODAY FROM THE DCJ
HHJ Gosnell has issued new guidance today for courts in North and West Yorkshire. “These are extraordinary times. My judicial and HMCTS colleagues are attempting to re-invent the wheels of civil justice by completely changing the way the courts…
NEW WEBINAR (COMING SOON): WITNESS STATEMENTS: THE STATEMENT OF TRUTH AND SOCIAL ISOLATION.
I am preparing and recording a webinar on preparing and drafting witness statements. Particular attention is being given to the difficulties of interviewing witnesses and preparing statements in a time of social isolation. The webinar should be available from the…
THE OTHER IMPORTANT RULE CHANGE TODAY IN RELATION TO WITNESS STATEMENTS: AND, HONESTLY, THIS COULDN’T HAVE COME AT A BETTER TIME
Along with changes to the statement of truth the rule changes effective from today now impose a further obligation in relation to witness statements. I have written about this before (but much has happened since). THE NEW RULES From…
GOOD MORNING FOLKS: REMEMBER (TO ADD TO ALL YOUR OTHER TROUBLES) THE RULES CHANGE TODAY…
To add to all the practical difficulties facing litigators the 113th update to Practice Direction Amendments comes into force today. Here are some of the key points. THE AMENDMENT TO THE STATEMENT OF TRUTH This the major change that will…
CIVIL LAWYERS: SPEND A BIT OF TIME THINKING ABOUT EMPLOYMENT LAWYERS: A USEFUL SERIES FROM KINGS CHAMBERS
The vast majority of working lawyers are finding things difficult at the moment. Spare a thought, however, for employment lawyers. They are having to deal with legal concepts that simply didn’t exist a fortnight ago, a whole new set of…
KEEPING YOUR LAW FIRM GOING DURING THE CORONAVIRUS CRISIS (2): HOW DO YOU KEEP ON EMPLOYING PEOPLE?
In the second in this series we look at help and guidance available in relation to employing people throughout the difficult coronavirus period. Firstly looking at general guidance and then at specific advice for law firms. GENERAL GUIDANCE What…
CIVIL PROCEDURE AND CORONAVIRUS: BLOG AND ARTICLES ROUND UP – MARCH 2020
Here I try to round up the key posts, articles and blogs about coronavirus that are of particular relevance to civil litigators. Courts Association for Costs Lawyers Courts to continue sitting despite coronavirus, says Lord Chancellor (19/03/2020) Herbert Smith Freehills COVID-19: Impact on civil…
CIVIL PROCEDURE AND COSTS: BLOG AND ARTICLES ROUND UP – MARCH 2020 (CORONAVIRUS FREE EDITION)
Links and articles to blog posts and articles available online in February 2020 (a separate post will deal with the many posts and articles last month on civil procedure and coronavirus). Costs Costs Barrister Hot air Costs Barrister Digital in design Association…
CORONAVIRUS BULLETIN FROM MASTER FONTAINE: ISSUED TODAY: QUEEN’S BENCH MASTERS HEARINGS
CORONAVIRUS BULLETIN 3 INFORMATION FOR QUEEN’S BENCH COURT USERS QUEEN’S BENCH MASTERS HEARINGS AND QB ACTION DEPARTMENT I would like to update QB court users on further developments that I hope will assist all those working remotely. Practice Direction 51ZA…
REASONS TO BE PROUD OF OUR PROFESSION 1: THE APIL – FOIL BEST PRACTICE FOR MUTUAL CO-OPERATION
I have been looking for examples of good practice by the legal profession during the coronavirus crisis. A good place to start is the APIL/FOIL agreement on best practice. The agreement can be found on a link on the page…
KEEPING YOUR LAW FIRM GOING DURING THE CORONAVIRUS CRISIS (1) MANAGING REMOTE WORKING
This series is looking at guides and links to help law firms stay in business during the coronavirus crisis. I am looking at guidance from around the world. Here we look at guides to manage remote working. GUIDANCE FOR LAW…
THE NEW PRACTICE DIRECTION 2: “THE COURT WILL TAKE INTO ACCOUNT THE IMPACT OF THE CORONAVIRUS PANDEMIC”
Looking at paragraph 4 of the Practice Direction today it, in effect, enshrines commonsense. However there are still steps lawyers should take to protect their clients (and their own) position. “In so far as compatible with the proper administration of…
THE NEW PRACTICE DIRECTION: THE LIMITATIONS ON THE POWER TO EXTEND TIME BY AGREEMENT AND MAKING AN APPLICATION
Although it is welcome the new Practice direction is a bit disappointing. It does not trust litigators at all (or not very much). Parties can agree extensions of up to 56 days, without permission of the Court, but not beyond…
IT IS HERE: EXTENSIONS OF TIME AND THE CORONAVIRUS CRISIS
A bit late, but still welcome, is the update, applicable from today which allows the parties to agree a longer extension of time and state, expressly, that problems caused by coronavirus will be taken to account when a court is…
COURT OF APPEAL HEAR CASE BY VIDEOCONFERENCING
Fairly soon, I am sure, the holding of hearings remotely will become such a commonplace that they will pass without comment. In the interim, however, it is worthwhile noting that the Court of Appeal heard an appeal on the 26th…
KEEPING THE COURTS RUNNING: THE VIEW FROM THE NORTH
There are two posts on Kings Chambers’ coronavirus and the law blog today which deal with practices put in place to keep the Courts running. Costs and Applications in Manchester: Guidance from the DCJ sets out the note sent out…
THE HIGH COURT CONTINGENCY PLAN: HEARINGS DURING CORONAVIRUS
The previous post referred to the High Court contingency plan. This is available here. “Guidance for the Business and Property Courts in Leeds, Liverpool, Manchester and Newcastle” is available from Kings Chambers Blog here. High Court Business Contingency Plan for…
THE ROYAL COURTS OF JUSTICE FEES OFFICE CLOSED: EMAIL ADDRESSES TO CONTACT
A HCMTS notice states that the RCJ Fees Office is closed. It gives appropriate email addresses. The Royal Courts of Justice Fees Office will close to the public until further notice (1 April 2020). Court users are advised to contact…
HMCTS GUIDANCE: THE COURT OF APPEAL, HIGH COURT AND SENIOR COURT COSTS OFFICE
HMCTS has seen out the following guidance in relation to the Court of Appeal, High Court and Senior Court Costs Office. The High Court and Court of Appeal will be covering the following work today (1 April 2020). Court of…
CIVIL COURT LISTING PRIORITIES: HMCTS NOTICE TODAY
HMCTS has sent out a list of Civil court listing priorities today. Civil court listing priorities: 1 April 2020 Priority 1 – work that must be done • Committals • Freezing Orders • Injunctions (and return days for ex parte…
THE RULE COMMITTEE: ACTING WITH THE SPEED OF A TORTOISE WITH A WOODEN LEG (AND THAT MAY BE UNFAIR ON THREE-LEGGED TORTOISES).
At a time when we have had major pieces of legislation introduced at remarkable speed the Rule Committee has, thus far, managed nothing. I am asked what response I got to the “Open Letter” to the Rule Committee about the…
CORONAVIRUS, COURT HEARINGS (WITH NO ONE PRESENT) AND SOCIAL MEDIA: ALL IN ONE CASE
The judgment today of HHJ Worster (sitting as a High Court Judge) in Wolverhampton City Council & Ors v Persons Unknown [2020] EWHC 759 (QB) was given after the claimant did not attend the hearing because of the coronavirus crisis….
COURT FUNDS OFFICE WILL NOW ACCEPT ELECTRONIC PAYMENTS BY BACS DIRECT CREDIT.
I have had a tweet from John de Bono QC stating that the Courts Funds Office will now accept electronic payment by BACS Direct Credit. “Breaking news. I understand Court Funds Office will now accept electronic payments by BACS Direct…
REMOTE HEARINGS (1): HOW ARE THE COURTS COPING? TWO CASES TODAY
I hope to keep a running record of how the courts are coping with remote hearings. Two cases reported today provide examples. Telephone used in committal proceedings In Anwer v Central Bridging Loans Ltd [2020] EWHC 765 (Ch) Mr Justice…
ADMINISTRATIVE COURT OFFICE NOTICES AND CORONAVIRUS ARRANGEMENTS: USEFUL LINKS ON ILPA WEBSITE
The Administrative Court has issued a number of notices relating to their Covid-19 arrangements. THE NOTICES These are not yet on the court website. However they are available from the ILPA website – available here. … Enjoying this post? Become a…
WEBINAR ON SOCIAL MEDIA AND PERSONAL INJURY LAWYERS 31st MARCH 2020: NOW WITH SPECIAL CORONAVIRUS SECTION
The long-planned webinar tomorrow on Social Media and the Personal Injury Lawyer is still going ahead *. This will now include a lengthy session on useful social media links and helpful sites for lawyers during the coronavirus crisis. THE…
HMCTS operational summary 30 March 2020: USEFUL GUIDANCE AND LINKS
The communications team at HMCTS are putting in a shift. Their operational summary for today was out at 7.35 am this morning. There are a number of useful links. THE SUMMARY We’re consolidating the work of courts and tribunals…
Priority courts and tribunals start from Monday 30 March 2020
The Government has sent out a press release stating that some courts remain open. (To see the courts click on the Courts and Tribunals Track Checker at the bottom of the release). “Network of priority courts will remain open during…
REMOTE HEARINGS: BUT WHAT ABOUT “WITNESS DEMEANOUR”?
One of the issues that has been raised in objection to “remote” hearings is the question of witness demeanour. In modern litigation recent case law suggests that this is not a major factor in any event. “No doubt it…
REMOTE HEARING IN THE COURT OF PROTECTION: 17 PARTICIPANTS, 11 WITNESSES AND TWO JOURNALISTS: LESSONS TO BE LEARNT
I am grateful to Dr Penny Cooper for pointing out to me that the decision of Mr Justice Mostyn in A Clinical Commissioning Group v AF & Ors [2020] EWCOP 16 involved a hearing remotely. It contains an important comment…
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