IS PD 51Z VALID? COURT OF APPEAL WILL HEAR CASE ON POSSESSION PROCEEDINGS ON THE 30th APRIL
The Nearly Legal Housing Law blog reports that the Court of Appeal will hear an appeal on the 30th April as to whether PD 51Z is valid. THE CASE The appeal is a leapfrogged appeal from a decision of…
COVID REPEATS 3: WHAT THEY DON’T TEACH YOU AT LAW SCHOOL (1)
In 2017 there was a whole series of posts with advice given from Twitter for those starting their careers in the courts. Since many people aren’t getting that experience right now (or getting it in a fairly remote form), this…
REMOTE HEARINGS: ARE THERE “TWO NATIONS” OPERATING WITHIN THE COURT SYSTEM (OR MORE THAN THAT…)
The ability of the courts to proceed using remote hearings has to be celebrated. Sometimes, however, it is interesting to contrast the very real technical difficulties being experienced by county courts up and down the country with what appears to…
COVID REPEATS 2: DEADLINES AND PROCRASTINATION: HOW DO YOU DEAL WITH IT?
Working in unusual conditions, often away from the office, and in the midst of a pandemic can sharpen the mind. For many of us, however, it makes work more difficult. It is worthwhile repeating a post from last year with…
QUEEN’S BENCH GUIDANCE BULLETINS: SUMMARIES AND LINKS
Inevitably guidance from the QBD on the impact of coronavirus has come in stages. The six Bulletins are summarised below, together with links to the each guidance. Queen’s Bench guidance: This update explains the steps that are being taken in order…
SERVICE ON EU-DOMICILED DEFENDANTS: DIFFICULTIES THAT ARISE WITH THE CLOSURE OF THE FOREIGN PROCESS SECTION
I am grateful to barrister James Beeton for drawing my attention to, and giving me permission to cite from, his post on the International Law and Travel Blog “A BIG PROBLEM FOR SERVICE ON EU-DOMICILED DEFENDANTS” THE CLOSURE OF THE FOREIGN…
THE (NOT SO) LONELY LITIGATOR’S CLUB 8 : ANDREW KING
The next to join the club is Andrew King co-owner of Lennons Solicitors. Working from home with his wife and four young sons (6, 2 and 1 year old twins…) Andrew has been involved in a remote trial during this…
A HEARING THAT “COULD NOT BE CONDUCTED FAIRLY OR PROPERLY” WITHOUT A PHYSICAL PRESENCE IN THE COURTROOM: IDEA OF REMOTE TRIAL REFUSED
The judgment of Sir Andrew McFarlane in P (A Child: Remote Hearing), Re [2020] EWFC 32 shows that remote hearings are not suitable for every case. “It seems to me that to contemplate a remote hearing of issues such as…
EXTENSION OF TIME GRANTED AND HEARING PUT BACK BECAUSE OF COVID-19 PROBLEMS: THE RELEVANT PRINCIPLES CONSIDERED
In Muncipio De Mariana & Ors v BHP Group Plc [2020] EWHC 928 (TCC) HHJ Eyre QC allowed the defendants extra time to serve evidence because of the coronavirus crisis and a hearing date was put back. There is an…
KEEPING YOUR LAW FIRM GOING IN THE CORONAVIRUS CRISIS (10): GUIDANCE FROM NEW ZEALAND
Here we look at guidance to lawyers from New Zealand. The series on “Lawyers in Lockdown” is particularly illuminating, it shows that these issues are universal. We are far from alone. New Zealand The New Zealand Law Society has a…
Covid-19 and the immigration tribunals: a working guide for representatives
Barristers Bernadette Smith and Geeta Koska have produced a guide dealing with the legal and practical issues facing those who are practising in immigration tribunals during the coronavirus crisis. THE GUIDE One useful function of the guide is that it…
ANOTHER DAY ANOTHER AMENDMENT TO THE PRACTICE DIRECTIONS: POSSESSION PROCEEDINGS
There have been amendments to Practice Direction 51Z. These provide exceptions to the total ban on possession proceedings. THE AMENDMENTS: 120th UPDATE – PRACTICE DIRECTION AMENDMENTS “The amendments to Practice Direction 51Z supplementing the Civil Procedure Rules 1998 are…
CORONAVIRUS AND SOCIAL CARE: ESSENTIAL GUIDANCE FROM MY COLLEAGUES
Whilst this blog deals, primarily with procedural issues and problems arising from Covid-19 there are major issues relating to substantive law. The law on social care, in particular, is now a major issue. On the Kings Chambers site Coronavirus: Guidance…
119th Practice Direction Update to the Civil Procedure Rules – Online Civil Money Claims in support of the Covid-19 effort
The 119th update to the Practice Direction Amendments can be found here. The amendments relate to the the Online Civil Claims (OCMC) pilot scheme. THE CHANGES The changes are best summarised in the Courts and Tribunals Announcements page, available here. …
KEEPING YOUR LAW FIRM GOING IN THE CORONAVIRUS CRISIS (9): CANADA
In the 9th in this series we look at advice to and from lawyers in Canada. All of these links offer practical advice which can be used in the UK, and beyond. Canada In ‘COVID-19: law firms going remote, some…
THE POSTS ON CORONAVIRUS: CATALOGUED AND SORTED (IT HAS BEEN QUITE A MONTH…)
I first wrote about Coronavirus in a post on March 15. This feels like a very long time ago. This blog has, basically, been looking at the issues relating to coronavirus, lawyers and litigation ever since then. This seems like…
KEEPING YOUR LAW FIRM GOING IN THE CORONAVIRUS CRISIS (8) ADVICE FROM AUSTRALIA THAT MAY BOWL YOU OVER
I have spent part of lockdown watching “The Test” – a series about Australia’s cricket team. I have been rooting for the Aussies all the way (except when they played England of course). With the degree of planning and preparation…
KEEPING YOUR LAW FIRM GOING IN THE CORONAVIRUS (7): GUIDANCE THAT IS BORN IN THE U.S.A.
The thing about an international pandemic is that many of the problems we face are universal. Lawyers across the globe are dealing with very similar issues in relation to maintaining a firm throughout the COVID-19 crisis. Here we look at…
THE (NOT SO) LONELY LITIGATOR’S CLUB 7: SIMON (“SPIKE”) MULLINGS
The seventh member of the club is legal aid practitioner, Simon Mullings, who describes himself as “a long-beard housing law caseworker and newly anointed co-chair of the Housing Law Practitioners’ Association.” 1. Where are you working from now? I am…
COVID REPEATS (1): THE (ALMOST) COMPLETE GUIDE FOR ASPIRANT AND NEW LAWYERS – FROM TWITTER
I have spent some time (probably too much time) watching repeats of cricket matches over the past few weeks. On the whole these remain almost as interesting (or boring, depending on your point of view) as the first time around. …
KEEPING YOUR FIRM GOING IN THE CORONAVIRUS CRISIS (6) : THE POSTS SO FAR
Things are moving so quickly at the moment that it is difficult to get time to recap. This is a good time to remind people of the posts on this blog under the heading Keeping your firm going in the…
THE (NOT SO) LONELY LITIGATOR’S CLUB 6: JONATHAN EXALL
I have been looking for the experiences of newly qualified litigators, these have been difficult to find. Eventually I found one newly qualified lawyer I could “persuade”. Working as a solicitor at Chadwick Lawrence in Leeds – Jonathan Exall Where…
THE (NOT SO) LONELY LITIGATOR’S CLUB 5: GILL EDWARDS
The newest recruit to the club is Gill Edwards a Partner acting for claimants in the clinical negligence department of Potter Rees Dolan, currently working from home in Mobberley with a partner, two teenagers and a dog. 1 Where are…
THE INNS OF COURT COLLEGE OF ADVOCACY: PRINCIPLES FOR REMOTE ADVOCACY
In an extremely short amount of time the Inns of Court College of Advocacy has produced a remarkable guide “Principles for Remote Advocacy”. The document has entered the public domain today, with no restrictions on its use, it is available…
MESSAGE FOR CIRCUIT AND DISTRICT JUDGES FROM THE LORD CHIEF JUSTICE, MASTER OF THE ROLLS AND PRESIDENT OF THE FAMILY DIVISION
The Lord Chief Justice, Master of the Rolls and President of the Family Division have sent out a message to civil and family judges. This has been made generally available. I provide here highlights of the message, particularly relating to…
COVID-19 and Remote Court Arrangements: 30 tips for dealing with Virtual Hearings: GUEST POST FROM ANDREW KING
I am grateful to Andrew King from Lennons solicitors for allowing me to reproduce his article on dealing with virtual hearings. This was based on Andrew’s experience of being involved in a three day remote trial. As you can see…
THE (NOT SO) LONELY LITIGATOR’S CLUB (4): ELIZABETH THOMAS
Elizabeth Thomas knows a thing or too about “remote” working and was the ideal candidate to be the next member of our club. Elizabeth is a Partner in Healthcare Litigation at Hempsons (London) but has been working from home for…
HMCTS: UPDATED GUIDANCE ON TELEPHONE AND VIDEO HEARINGS DURING THE CORONAVIRUS OUTBREAK
HMCTS has updated its guidance on telephone and video hearings during the coronavirus outbreak. The guidance is available here. THE CONTENTS The decision to use telephone and video hearings Using existing technology and making new technology available The rules on…
THE (NOT SO) LONELY LITIGATOR’S CLUB (3): LUCY MILLS
The next to join our club is Senior Associate at Stewarts Law Lucy Mills. Lucy is working from home, in a desk on a landing, with two boys aged 3 and 5 in the house. Like so many people she…
Covid-19 Nottinghamshire, Derbyshire & Lincolnshire Protocol HHJ Godsmark QC – Designated Civil Judge
HHJ Godsmark QC has issued the listing and hearing protocol set out below for all Civil courts in Nottinghamshire, Derbyshire and Lincolnshire. It is worthwhile having a close look at the annexes in relation to listing priorities and the provision…
THE (NOT SO) LONELY LITIGATOR’S CLUB (2): NIGEL POOLE QC
Second up in this series is Nigel Poole QC who is balancing the job of carrying on working alongside being Head of Kings Chambers. Nigel’s view of the importance of social interaction in the workplace is important, it balances the…
CORONAVIRUS, EXTENSIONS OF TIME AND TRIAL WINDOWS: THE WHEELS OF JUSTICE MUST BE KEPT TURNING…
In Heineken Supply Chain BV v Anheuser-Busch Inbev SA [2020] EWHC 892 (Pat) Damiel Alexander QC (sitting as a High Court judge) considered issues relating to timetabling and the problems caused by coronavirus. The problems caused to a party by…
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…
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