AN OPEN LETTER TO THE CIVIL PROCEDURE RULE COMMITTEE: DO SOMETHING AND DO IT NOW – FOR THE SAKE OF THE COUNTRY
Earlier today I tweeted “Anyone want to join me in an “open letter” to the Civil Procedure Rule Committee (& anyone else who will listen). We need guidance NOW to allow the parties to agree open-ended extensions of time. This…
INSURERS AND CLAIMANTS COVID-19 PROTOCOL.
The Association of British Insurer’s website carries details of a Protocol put in place to deal with the COVID-19 situation. There is a list of signatories on the site, that list also contains the “escalation email address” and hotline number…
MODEL: AGREED PROCEDURAL TEMPLATE FOR JOINT SETTLEMENT MEETINGS HELD REMOTELY
39 Essex Chambers have sent me a model Agreed Procedural Template for Joint Settlement Meetings held remotely and kindly said I can share it. This is available on their website – here. “The parties to a remote JSM agree…
THE EXPLANATORY NOTES TO THE CORONAVIRUS BILL: LIVE LINKS IN COURT PROCEEDINGS
The explanatory notes to the Coronavirus Bill have a detailed explanation of the plans for the expansion of live links in court proceedings, particularly criminal proceedings. Clause 51 and Schedule 22 Expansion of availability of live links in criminal proceedings…
USEFUL GUIDANCE ON REMOTE HEARINGS: FROM START TO FINISH
I am grateful to barristers Rebecca Musgrove and Iain Hutchinson who have sent me a copy (and permission to circulate) of their guide to remote hearings. It provides step by step guidance (and photographs) to help those unfamilar with the…
LAW SOCIETY ADVICE ON CORONAVIRUS: WORKING FROM HOME POLICY: “YOU WILL BE AT RISK OF FACING A STRONG LEGAL CLAIM”
The Law Society has a specific advice page on Coronavirus available here. There have been comments this morning about some firms insisting staff attend work. It is worthwhile reading the Law Society advice. “If you refuse to allow…
NOTICE FROM THE DCJ IN MANCHESTER: ALL FACE TO FACE HEARINGS UP TO THE 31ST MARCH ARE ADJOURNED
The DCJ in Manchester has issued the following notice. “NOTICE TO COURT USERS All face-to-face hearings due to take place today and up to and including Tuesday 31 March 2020 are hereby adjourned. Further directions will be issued in…
THE REMOTE ACCESS FAMILY GUIDE
In an astonishingly short amount of time Mr Justice MacDonald has written The Remote Access Family Guide. It is available on the link here (It downloads as a document onto your computer). VERSION 1 It is emphasised that this…
LISTING PROTOCOL FOR CIVIL COURTS: NORTH AND WEST YORKSHIRE AND LEEDS DISTRICT REGISTRY
HHJ Gosnell has issued a Listing Protocol covering procedure in the county court North and West Yorkshire or in the District Registry of the Queen’s Bench Division in Leeds” Note, in particular, the adjournment of all ongoing possession proceedings. …
EBUNDLING: VERY USEFUL STEP BY STEP GUIDE
James M Turner QC has prepared an EBundling Guide to help advocates and other deal with the issue of preparing bundles. This is a task we may all have to come to terms with in the very near future. The…
WORKING FROM HOME – WITH A LITTLE HELP FROM MY FRIENDS (1): GUIDANCE FROM THE NICE PEOPLE ON TWITTER
Once resource we can freely use is help from friends and colleagues on social media. I asked the good people of Twitter to give advice about working from home. Here are some of the replies (I may have missed some…
CLOISTERS GUIDE TO MAKING VIRTUAL HEARINGS IN THE EMPLOYMENT TRIBUNAL WORK
I am grateful to Chesca Lord from Cloisters for pointing out and sending me a link to the post “Making virtual hearings in the Employment Tribunal work.” This is available here. https://youtu.be/GnT9Deye7Ok VIDEO GUIDANCE This includes a 15 minute video…
WEBCAST GUIDES TO ONLINE COMMUNICATIONS AND HEARINGS – FROM ISHAN KOLHATKAR
I made Ishan Kolhatkar Civil Litigation Brief “Lawyer of the Year” last year for the wonderful work he did on the Billable Hour cookbook. Ish is a man of many talents. He has now sent me links to the webcasts…
“CONSIDER THE BACKDROP”: “ADVOCATES NEED NOT RISE” – GUIDANCE FROM THE CRIMINAL APPEALS CRIMINAL DIVISION
My favourite wording in any guidance given so far. Someone has suggested this, or similar, to give the appropriately authentic backdrop. THE GUIDANCE “The Vice-President of the CACD has provided the following guidance for hearings in the CACD during the…
REVIEW OF COURT ARRANGEMENTS: MESSAGE FROM THE LORD CHIEF JUSTICE
As I am reading reports of numerous courts being open and requiring personal attendance today (23rd March) the Lord Chief Justice has issued a further note. Jury trials are “paused”. It has finally dawned on someone that the practice of…
PROTOCOL REGARDING REMOTE HEARINGS: OFFICIAL GUIDANCE
This Protocol was issued on the 20th March. Civil-court-guidance-on-how-to-conduct-remote-hearings CIVIL JUSTICE IN ENGLAND and WALES PROTOCOL REGARDING REMOTE HEARINGS 20 March 2020: for publication Introduction to this Protocol 1. The current pandemic necessitates the use of remote hearings where… Enjoying…
CORONAVIRUS RESOURCE: A USEFUL SITE
I am always looking for useful links for lawyers and others during the Coronavirus crisis. Can I draw people’s attention to Coronavirus Resources This is aimed at giving help with technology. It includes sections on: Remote, flexible and online work….
SPECIFIC GUIDANCE FOR FAMILY COURTS IN DORSET
HHJ Dancey, the Designated Family Judge for Dorset, has sent out a Local Practice Guidance on COVID-19. I am grateful to barrister Amanda Bancroft for sending it to me. It provides a template for working and supplements the President’s national…
THE KINGS CHAMBERS SITE: CORONAVIRUS: GUIDANCE FOR LAWYERS AND BUSINESSES: YOU CAN NOW SUBSCRIBE
I am, for the second time, promoting the site Coronavirus: Guidance for Lawyers and Businesses. This is a site that draws across the whole range of talent, and practice areas, of my chambers and provides detailed up to date advice…
REMOTE WORKING AND LITIGATOR 2: THE STATEMENT OF TRUTH
There are likely to be very few, if any, “face to face” meetings with clients in the near future. How do we cope with the statement of truth (I will deal with the specific issue of witness statements and the…
CIVIL COURT USERS IN MANCHESTER: GUIDANCE FROM THE DESIGNATED CIVIL JUDGE
HHJ Bird has issued specific guidance for civil court users in Manchester. “Dear Court User, I am writing to let you know what steps we are taking to keep the civil courts running in these difficult times. Specific arrangements apply…
CORONAVIRUS: SPOTTING AND AVOIDING THE SCAMMERS
The current crisis is bringing out the best in a lot of people. Unfortunately it can also bring out the worst. Here are useful links dealing with scammers, phishing, false sales and how to protect yourselves from those utterly awful…
CLAIMANT BEATS OWN PART 36 OFFER: DEFENDANT ORDERED TO PAY INDEMNITY COSTS FOR AN EXTENDED PERIOD BECAUSE OF ITS CONDUCT
I am grateful to Sam Hayman from Bolt Burdon Kemp for drawing my attention to the decision today of Mr Justice Griffiths in DSN v Blackpool Football Club Ltd [2020] EWHC 670 (QB). The defendant was ordered to pay indemnity…
REMOTE WORKING AND THE LITIGATOR 1: THE NEW REQUIREMENT FOR WITNESS STATEMENTS
Given that many of us will be working from home and not having direct contact with colleagues or clients I am starting a series on the issues we litigators currently face. The first looks at the issues caused by the…
TELEPHONE APPLICATIONS: A BEGINNER’S GUIDE
For many civil lawyers telephone hearings have been a part of litigation for some time. Developments today, however, have left some in the profession scratching their heads. Family lawyers in particular are asking about this mysteries of telephone hearings. Even…
UPDATE ON COVID-19 AND THE COURTS: GUIDANCE FROM THE LORD CHIEF JUSTICE
The Lord Chief Justice has today issued guidance today which makes it clear that remote hearings are now the default position. “The default position now in all jurisdictions must be that hearings should be conducted with one, more than one…
HMCTS GUIDANCE: CLOSURE OF COUNTERS IN THE QBD AND COURT OF APPEAL
In press Notices sent out at 21.55 this evening HMCTS announced the closure of counters at the QBD and Court of Appeal. These are both set out in full below. QBD “The Queen’s Bench Division is making some temporary…
HMCTS GUIDANCE ON TELEPHONE AND VIDEO HEARINGS DURING CORONAVIRUS OUTBREAK
HMCTS has published guidance HMCTS telephone and video hearings during coronavirus outbreak THE GUIDANCE “Running our courts and tribunals is an essential public service. Audio and video technology has long played a part in the justice system and can now…
CIVIL PROCEDURE AND THE CORONAVIRUS: PRACTICAL SOLUTIONS IN AN UNCERTAIN TIME: WEBINAR 25th MARCH 2020
On the 25th March 2020 at 1.00 pm I am giving a webinar on civil procedure and coronavirus, dealing with the best means of coping with procedural and other issues arising from COVID-19. This is aimed primarily at personal injury…
KINGS CHAMBERS: NEW SITE ON THE LEGAL AND COMMERCIAL EFFECTS OF COVID-19
Kings Chambers have started a new site ” CORONAVIRUS: GUIDANCE FOR LAWYERS AND BUSINESSES” THE AIM OF THE SITE The aim of the site is to draw across the whole range of expertise in chambers to help lawyers and…
COURT OF APPEAL OVERTURNS FINDINGS OF FACT: THE STANDARD OF PROOF FOR DISHONESTY: ALSO DELAY OF 22 MONTHS IN GIVING JUDGMENT UNACCEPTABLE
In Bank St Petersburg PJSC & Anor v Arkhangelsky & Anor [2020] EWCA Civ 408 the Court of Appeal ordered a retrial because of doubts in relation to the trial judge’s findings of fact. The judge had applied too high…
CORONAVIRUS UPDATE FROM THE LORD CHIEF JUSTICE: THE WHEELS OF JUSTICE SHOULD NOT GRIND TO A HALT
The update, issued yesterday is available here. KEY POINTS “It is not realistic to suppose that it will be business as usual in any jurisdiction, but it is of vital importance that the administration of justice does not grind to…
WORKING REMOTELY: USEFUL GUIDANCE
I have, ironically, been planning to write on remote working for some time. The post was going to be in the “well being” series and, among other things, deal with issues like social isolation when working from home. Now, of…
CORONAVIRUS: MORE USEFUL LINKS FOR LAWYERS
A large part of me wants to get back to writing about service of the claim form, committal proceedings and the like (and to that extent normal proceedings will be resumed shortly). Here a few additional links and updates. HEALTH…
BAR STANDARDS BOARD: COMPLYING WITH GOVERNMENT GUIDANCE NOT A BREACH OF BSB HANDBOOK
The Bar Standards Board has made it totally clear that a barrister complying with Government or Public Health Guidance is not in breach of the Bar Handbook. This has been done in a press release this morning. THE…
GUIDANCE ON CORONAVIRUS FOR ADVOCATES FROM THE BAR COUNCIL (AND THE NEED FOR A CLEAR STATEMENT FROM THE BAR STANDARDS BOARD)
The Bar Council website has useful guidance on dealing with Coronavirus, this is in a section on its website here. GUIDANCE GIVEN ON THE 16th MARCH 2020 This guidance is available from a link on the page, also here….
CORONAVIRUS – A USEFUL CASE: MASTER ALLOWS PARTY TO VARY DIRECTIONS BY CONSENT BY 56 DAYS
7BR’s website carries an interesting report from Adam Korn of a judgment today where Master Davison made an order extending the amount of time the parties can agree to vary directions. This was directly because of potential difficulties arising out…
GIVING THE SOURCE OF INFORMATION AND BELIEF IN A WITNESS STATEMENT: NOT A MERE TECHNICALITY: FAILURE TO COMPLY WITH RULES CAN HAVE MAJOR CONSEQUENCES
This blog has dealt, many times, with the difficulties that can arise when a solicitor makes a witness statement in support of an interlocutory application. Not least there is a duty to give details of the source of information and…
CIVIL LITIGATION IN A TIME OF TOTAL UNCERTAINTY: 10 KEY POINTS ON DIFFICULTIES ARISING OUT OF THE CORONAVIRUS OUTBREAK
I cannot recall a time when matters were so rife with uncertainty. By request I have been asked to consider practical steps litigators can take. Equally significantly we have to consider what steps the courts, and the Rules Committee, should…
CORONAVIRUS AND LAWYERS II: ADVICE FOR THE LEGAL COMMUNITY – FROM THE LEGAL COMMUNITY AND BEYOND
The post last month I posted some useful links for lawyers in relation to coronavirus. This clearly needs updating. Last time people were very kind in sending me other useful links which I added to the post. If anyone has…
DEFENCE STRUCK OUT FOLLOWING FAILURE TO GIVE FULL DISCLOSURE: SEVERE SANCTION WAS NOT DISPROPORTIONATE
In MKG Convenience Ltd, Re [2020] EWHC 547 (Ch) HHJ David Cooke refused the defendants’ application for relief from sanctions following a failure to comply with a peremptory order in relation to disclosure. The sanction was severe, however the circumstances…
“STATEMENTS OF CASE PLAY A CRITICAL ROLE IN CIVIL LITIGATION WHICH SHOULD NOT BE DIMINISHED”: THE COURT OF APPEAL AND THE LEARNING ACADEMY
In November 2018 I wrote about the decision of HHJ Klein in UK Learning Academy Ltd v The Secretary of State for Education [2018] EWHC 2915 (Comm). An appeal from that judgment has been heard, and dismissed, by the Court of Appeal. …
DEFENDANT’S PART 20 CLAIM AGAINST CLAIMANT’S WITNESSES STRUCK OUT: WITNESSES HAVE IMMUNITY (AND THIS HAS CONSEQUENCES…)
I am grateful to barrister David Green for supplying me with a note* of the judgment of HHJ Saggerson in Holley -v- Woodburn. HHJ Saggerson, Central London County Court). A copy of the judgment is available here C65YX969 Holley v…
ATTEMPTING TO APPEAL A FINDING OF FACT? SET THIS OUT EXPLICITLY IN THE NOTICE OF APPEAL: CLEAR GUIDANCE FROM THE COURT OF APPEAL
In Taylor v Rhino Overseas Inc. [2020] EWCA Civ 353 the Court of Appeal set out guidance for a party attempting to appeal a finding of fact. The fact that such an appeal is being made must be set out…
TRIAL JUDGE SHOULD HAVE FOUND THAT THE CLAIMANT HAD BEEN FLUSHED OUT AND WAS FUNDAMENTALLY DISHONEST: HIGH COURT ALLOWS APPEAL
In Roberts v Kesson & Anor [2020] EWHC 521 (QB) Mr Justice Jay allowed a defendant’s appeal and held that the trial judge should have found the claimant to be fundamentally dishonest. The fact that the claimant had been “flushed…
OUT OF TIME APPEAL ALLOWED BECAUSE OF ITS UNDERLYING MERITS: DENTON CONSIDERED
For the second time in two days I am writing about a relief from sanctions case where the court took into account the merits of the underlying case. Yesterday relief was refused because the court held that the case had…
THAT IMPORTANT DISTINCTION BETWEEN A “NON-ADMISSION” AND A DENIAL IN A DEFENCE: THE KEY CASES CONSIDERED
The discussion yesterday of the decision in Aven & Ors v Orbis Business Intelligence Ltd [2020] EWHC 523 (QB) gives rise to review cases on pleading a defence, in particular the important distinction between a “denial” and a “non-admission”. It is…
APPLICATION FOR RELIEF REFUSED BECAUSE THE UNDERLYING CLAIM WAS MISCONCEIVED: A RARE EXAMPLE OF THE MERITS OF THE ACTION BEING CONSIDERED
In Price, R v (on the application of) v The Crown Court at Snaresbrook [2020] EWHC 496 (Admin) Mr Justice Freedman refused the claimant’s application for relief from sanctions because the underlying claim was “hopeless”. This is a rare example…
PLEADING A DEFENCE PROPERLY: THE DIFFERENCE BETWEEN A DENIAL AND A NON-ADMISSION: HIGH COURT GOES BACK TO BASIC PRINCIPLES
There are some interesting observations about statements of case in the judgment of Mr Justice Warby in Aven & Ors v Orbis Business Intelligence Ltd [2020] EWHC 523 (QB). This case emphasises the difference between a non-admission and a denial…
SERVING PROCEEDINGS: COURT OF APPEAL REFUSE GOOSE’S APPEAL : THE DANGERS OF OVERLOOKING THE BASIC OBLIGATION TO SERVE
In Canada Goose UK Retail Ltd & Anor v Unknown Persons [2020] EWCA Civ 303 the Court of Appeal upheld the judge’s decision not to grant the claimant any kind of relief due to a failure to properly serve the…
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