THE HOUSE OF COMMONS JUSTICE COMMITTEE: THE CURRENT STATE OF THE COUNTY COURT: RAT INFESTED BUILDINGS: A “DYSFUNCTIONAL SYSTEM” THAT “HAS FAILED ADEQUATELY” TO DELIVER CIVIL JUSTICE: (NO PAYWALL)
In the Civil Justice system we do not have a figure such as the Secret Barrister who can publicise the major problems that exist in the county court. The House of Commons Justice Committee have gone a long way to…
ALLOCATION TO THE SMALL CLAIMS TRACK OR FAST TRACK IN HOUSING CASES: A JUDGMENT ON THE ISSUE (AND A PLUG FOR A WEBINAR ON THAT VERY POINT…)
We are looking at a judgment about allocation in a housing disrepair case. The story is a common one. The claimant wants the matter allocated to the Fast Track – so costs can be recovered. The defendant wants the matter…
THIS CASE IS STAYING IN LONDON: (IT TOOK FROM 2ND JULY 2024 TO 14TH JANUARY 2025 FOR SUBMISSIONS TO BE PLACED BEFORE A JUDGE)
Since I wrote about a decision transferring Administrative Court proceedings to Leeds it is appropriate that we look at a decision today ordering that the proceedings stay in London despite it having closer ties to Manchester. In Weis, R (On…
COST BITES 208: A CLIENT’S CHALLENGE TO THE DEDUCTION OF THEIR OWN SOLICITOR’S COSTS IN PERSONAL INJURY ACTION
There is a strange area of litigation and legal costs where issues of proportionality and common sense appear to totally disappear. – that is former client’s challenges to solicitor’s deductions from damages. We see another example in Perrett v Wolferstans…
THE COURT’S POWERS IN RELATION TO ORDERING MEDIATION: A SUMMARY: AND A WEBINAR ON MEDIATION OF PARTICULAR USE TO HOUSING LAWYERS
The Civil Procedure Rules were amended on the 1st of this month to make it clear that the court can compel the parties to engage in alternative dispute resolution. Here we look at the changes. There is a webinar on…
SUING THE “MAN OF STRAW” IN A PERSONAL INJURY CASE: A REMINDER TO LOOK AT YOUR OWN CLIENT’S HOME INSURANCE
Next week marks the 11th anniversary of this blog. I am reviewing key posts from the past. This was the second ever post on the 25th June 2013. The issues remain relevant. I have issued periodical reminders about this issue…
A MULTI-LINGUAL WITNESS IS NOT COMPELLED TO GIVE EVIDENCE IN THEIR “FIRST LANGUAGE”: DECISION PREVENTING CLAIMANT GIVING EVIDENCE OVERTURNED ON APPEAL TO THE HIGH COURT
I am grateful to Ten Legal Associates Ltd for sending me a copy of the judgment of Mr Justice Freedman in Afzal -v- UK Insurance Ltd [2023] EWHC 1730 (KB), a copy of that judgment is available here. AFZALJUDGMENT TRANSCRIPT …
BECOMING A BARRISTER: WATCH THE FILM AND SEE SOME WONDERFUL AND INSPIRING PEOPLE
I am grateful for the wonderful administrator on the North Eastern Circuit for giving me permission to copy the material they sent out today in relation to the Lincoln’s Inn film on becoming a barrister. It features interviews from practising…
THE COURTS IN AN ERA OF AUSTERITY: BROKEN LIFTS AND BROKEN PROMISES
It would be a pity if the speech of Sir James Munby THE FAMILY COURT IN AN ERA OF AUSTERITY: PROBLEMS AND PRIORITIES is only read by family lawyers. There is much of interest to all litigators. It was a…
DO YOU WANT TO BE A LEGAL BLOGGER? A TRAINING EVENT BY ZOOM – 5th FEBRUARY 2023
The Transparency Project is looking for legal bloggers, training will be provided Full details of the project can be found here. THE NEW INITIATIVE “At the end of January 2023, a new reporting pilot will launch in three courts…
“KAFKAESQUE” PROCEDURAL ISSUE RESOLVED BY THE COURT OF APPEAL: A “TANGLE” AND A “MUDDLE”
In Anwer v Central Bridging Loans Ltd [2022] EWCA Civ 201 the Court of Appeal resolved procedural issues which it described as a “muddle” and “kafkaesque”. The issue was a simple one of whether a litigant was entitled to transcripts…
SOLICITORS, AIRLINES AND LIENS: SUPREME COURT DECISION
In Bott & Co Solicitors Ltd v Ryanair DAC [2022] UKSC 8 the Supreme Court allowed an appeal from the Court of Appeal. The Court of Appeal had held that the solicitors were not providing a litigation service in the…
QUEEN’S BENCH DIVISION GUIDE 2022: LINK AND BUNDLES
The new Queen’s Bench Division Guide was published yesterday and is available here. THE CHANGES “Changes in the guide include: Interim and out of hours applications Urgent and Short Applications before the Masters Electronic bundles The procedure for issuing…
HIGH COURT JUDGE OVERTURNS FINDINGS OF FUNDAMENTAL DISHONESTY AT TRIAL: “ALL CITIZENS ARE EQUALLY ENTITLED TO COME BEFORE THE COURTS IN CIVIL CLAIMS”
In Cojanu v Essex Partnership University NHS Trust [2022] EWHC 197 (QB) Mr Justice Ritchie overturned a trial judge’s findings of fundamental dishonesty. The fact that a claimant had lied about the cause of his injuries did not impact upon…
NO PUBLIC FUNDING FOR PARENTS WHEN THE LIFE OF THEIR CHILD IS BEING CONSIDERED BY THE COURT: A DECISION THAT HIGHLIGHTS A MAJOR ISSUE
There judgment in the heartbreaking case of The NHS Trust v The Parents & S [2021] EWHC 594 (Fam) raises many issues. Here I want to highlight one aspect of legal funding , (along with pointing to the magnificent steps…
“BUILD IT AND WHO CARES IF THEY COME”: THE REGISTER ON WHAT IS HAPPENING WITH THE COURT RULES AND LISTING ONLINE: THE ABSENCE OF “SCHOOL-GRADE WEB SKILLS”
An interesting explanation of why practitioners, and others, are having problems with access to rules of court and listing can be found in The Register – which provides news on technology for I T Professionals. The Register reports that the…
THE RULES ARE BACK IN TOWN: ASKING WHERE THEY COULD BE FOUND…
After some, shall we say “adverse”, comments on the way that the Civil Procedure Rules are presented on the government website the “old” site has has been given a reprieve. ON THE JUSTICE WEBSITE The Rules are still available…
WHERE HAVE ALL THE CIVIL PROCEDURE RULES GONE? (2): A LONG TIME MAY NOT BE PASSING (AND SOME – MAYBE NOT SO USEFUL – LINKS)
As an update on the decision to move the online version of the Civil Procedure Rules. David Wolfson QC, (Parliamentary Under-Secretary of State for Justice) tweeted yesterday that the problem had been recognised “I’ve asked my officials to look at…
WHERE HAVE ALL THE CIVIL PROCEDURE RULES GONE? WHEN WILL THEY EVER LEARN?
From the day this blog started there has always been a link to the Civil Procedure Rules. These were available, in an easily accessible form, on the Ministry of Justice website. They may still be there – but not for…
JUDGMENT ON EXTENT OF POWERS OF HIGH COURT ENFORCEMENT OFFICERS: THE ACCESSIBLE LANGUAGE SUMMARY
In Just Digital Marketplace Ltd (enforcement – controlled goods agreements – taking control of goods) [2021] EWHC 15 (QB) Master McCloud gave an important judgment about the extent of the powers of a High Court Enforcement Officer. However there is no…
CITIZENS ADVICE ARE LOOKING FOR CONSULTANT EXPERTS IN HOUSING: HELP MAKE A DIFFERENCE
Citizens Advice offers confidential advice online, over the phone, and in person, for free. Through our national network of charities, we give people the knowledge and the confidence they need to find their way forward – whoever they are, and…
LEGAL AID AVAILABLE FOR RESPONDENT TO APPLICATION TO COMMIT UNDER THE DEBTORS ACT 1869
In Haskell v Haskell [2020] EWFC 92 Mr Justice Mostyn held than application under the Debtors Act 1869 is broadly equivalent to an application for committal and legal aid should be awarded. THE CASE The applicant made an application under…
INSURER WAS ENTITLED TO AVOID EMPLOYER’S LIABILITY POLICY: A RESULT THAT IS “DEFECTIVE AND UNFAIR”
The judgment of Master Davison in Komives v Hick Lane Bedding Ltd & Anor [2020] EWHC 3288 (QB) highlights an area of law which, as the Master stated, is “defective an unfair”- an insurer was entitled to avoid an employer’s…
“WHEN MUST AN UNSUCCESSFUL LITIGANT ACCEPT “NO” FOR AN ANSWER?”: COURT OF APPEAL DECISION
In Wingfield, R (on the application of) v Canterbury City Council & Anor [2020] EWCA Civ 1588 the Court of Appeal considered the provisions of CPR 52.30 which provide an extremely limited chance of persuading a court to reconsider a…
WHEN A LITIGANT DOES NOT HAVE A COMPUTER AT COURT: WHAT IS THE PRACTICAL RESPONSE?
In BM Electrical Solutions Ltd & Anor v Belcher [2020] EWHC 2749 (Ch) a very practical problem occurred. The court held a “hybrid” hearing, a litigant appeared in person. The litigant in person did not have a laptop with them….
ONLINE COURTS DURING THE PANDEMIC: RESEARCH AND QUESTIONS: LESSONS FROM TEXAS
The problems of keeping the courts going during a pandemic are universal and worldwide. Countries throughout the globe are getting to grips with the problems caused by remote hearings. Professor Elizabeth Thornburg from the Southern Methodist University has written a…
“MY LADY – THE MICROPHONE IS STILL ON”: THERE IS A LESSON HERE FOR US ALL …
The judgment of the Court of Appeal today in C (A Child) [2020] EWCA Civ 987 is an example of a problem that abounds in these days of remote and “hybrid” hearings. The Court allowed an appeal against a refusal…
THE “NIGHTINGALE COURTS”: WHERE ARE THEY?
Whilst dozens of courts have been closed and sold off (or left to rot) HMCTS has felt it necessary to “innovate” by opening “Nightingale Courts”, details are available here. So far as I can tell only one two of these…
CIVIL UPDATE FOR NORTH AND WEST YORKSHIRE: UPDATED GUIDANCE FROM THE DESIGNATED CIVIL JUDGE
HHJ Gosnell has issued new guidance for civil courts in North and West Yorkshire. It is reproduced in full below. “Introduction The purpose of this document is to update you on events since my last update on 6th April…
LAW CENTRES AND LEGAL NEED DURING LOCKDOWN: GUEST POST FROM SUE JAMES
Sue James was an early member of the (not so) Lonely Litigator’s Club. Following comments made about law centres yesterday I invited Sue to write a guest post on the role of law centres, generally and during the pandemic. Sue…
APPLICATION TO ADJOURN REMOTE HEARING REFUSED: “Some people are much better at lying than others and that will be no different whether they do so remotely or in court”
In the judgment given this morning in A Local Authority v Mother [2020] EWHC 1086 (Fam) Mrs Justice Lieven considered the recent guidance on remote hearings and refused to adjourn an ongoing hearing. “We have had five days of evidence…
ARTICLE IN THE BARRISTER MAGAZINE: “THE BAR IN A TIME OF CRISIS: A RESPONSE WE CAN BE PROUD OF”
I have written an article in The Barrister magazine available here. It deals with the many remarkable responses individual chambers made to the COVID-19 crisis, providing a wealth of online material and resources WHY I HESITATED I explain the…
THE (NOT SO) LONELY LITIGATOR’S CLUB 12: ANONYMOUS DISTRICT JUDGE (1)
I haven’t quite worked out the logistics of our club having anonymous members (I will have to check the constitution carefully). However there are advantages to anonymity, a District Judge (in fact more than one) have agreed to join and…
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…
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…
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…
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…
COMMITTAL PROCEEDINGS: LEGAL AID IS AVAILABLE WITHOUT ASSESSMENT OF MERITS OR MEANS: BUT WHERE DOES A RESPONDENT OBTAIN REPRESENTATION (LOOK HERE I HOPE)
The problems caused by civil committal proceedings have been a constant theme on this throughout the year (and for some time before). The problems may be reduced, to some extent, by the judgment of Mr Justice Chamberlain in The All…
COURT IN THE MIDDLE? CIVIL COMMITTAL PROCEEDINGS AND LEGAL AID: JUDGE EMPHASISES THE COMPLEX MESS ABOUT FUNDING
There have been concerns in the past about the way in which civil committal proceedings are carried out. A guide to the careful approach needed is shown in the judgment of Chamberlain J in The All England Lawn Tennis Club…
APPEAL ALLOWED WHEN THE TRIAL JUDGE OVERSTEPPED THE LINE
In C (A Child) (Judicial Conduct) [2019] EWFC B53 HHJ Rogers allowed an appeal in a family case. The unusual aspect of the appeal was that the main issue was the conduct of the trial judge and the appeal on…
A CRI DE COEUR FOR MORE MONEY WON’T GET YOU AN INTERIM PAYMENT ON ACCOUNT OF COSTS: MASTER EMPHASISES THE NEED FOR HARD EVIDENCE
In RXK v Hampshire Hospitals NHS Foundation Trust [2019] EWHC 2751 (QB) Master Cook made some important observations about the quality of evidence needed to obtain an interim order for costs in an ongoing case. (The judgment in X -v-…
CIVIL COMMITTAL PROCEEDINGS (YET AGAIN…): COMMITTAL ORDER SET ASIDE BECAUSE DEFENDANT WAS NOT LEGALLY REPRESENTED
Yet another example of the difficulties arising in civil committal proceedings arises in the Court of Appeal decision today in O (Committal: Legal Representation) [2019] EWCA Civ 1721. Legal representation, if requested, is essential if committal proceedings are to be valid….
GILHAM -v- MINISTRY OF JUSTICE: A REMINDER OF THE ORIGINAL COMPLAINTS: “MISCARRIAGES OF JUSTICE WERE LIKELY”
The Supreme Court judgment yesterday in Gilham v Ministry of Justice [2019] UKSC 44 provides a landmark ruling on the issue that judges are “workers” and entitled to the protection of the Employment Rights Act 1996. There will be many…
COURT OF APPEAL TO CONSIDER IMPACT OF TRANSFERRING CASE FROM LEGAL AID TO CFA:
I am grateful to Tom Jenkinson from Bolt Burdon Kemp for letting me know that the Court of Appeal has granted permission to appeal in the case of XDE v North Middlesex University Hospital Trust [2019] EWHC 1482 (QB) XDE…
PROVING THINGS 162: WHEN THE GOVERNMENT DOESN’T HAVE THE COMMONS TOUCH
Constitutional lawyers will be writing about the Supreme Court decision today for decades to come. However I want to look at the more basic issue of the evidence that was placed before the courts. This was not a case…
Hammersmith & Fulham Law Centre: Social Justice Trainee Solicitor
The Justice First Fellowship is supporting a Trainee Solicitor’s post at Hammersmith and Fulham Law Centre. Details of the job, specification and of the Law Centre itself can be found here. The closing date is 16th September 2019, so be…
TRIAL JUDGE SHOULD HAVE WAITED FOR PARTIES TO ARRIVE AT COURT: APPEAL AGAINST ORDER UNDER CPR 39.3 ALLOWED
In Akita & Anor v Governor and Company of the Bank of Ireland [2019] EWHC 1712 (QB) Mr Justice Martin Spencer held that a trial judge, knowing that parties were on the way to court, should have waited longer before…
JOB ADVERT: HAMMERSMITH AND FULHAM LAW CENTRE – OFFICE ADMINISTRATOR
Hammersmith and Fulham Law Centre is looking for an Office Administrator. If you want to work for these really nice people look below. Hammersmith & Fulham Law Centre Salary: £23 – £25,000 per annum plus pension Working hours: 35 per…
JOB VACANCY : HEAD OF LEGAL PRACTICE AT ANTI TRAFFICKING AND LABOUR EXPLOITATION UNIT
ATLEU job vacancy – Head of Legal Practice Hours: 35 per week (flexible and part-time working considered) Salary: circa £36,000 plus 5% employer pension contribution Leave: …
WHEN THE COURT LOSES IMPORTANT DOCUMENTS: ANOTHER EXAMPLE OF ADMINISTRATIVE PROBLEMS IN THE COURTS: “CIVIL JUSTICE: 2019 STYLE”
I am grateful to solicitor Aaron Pearson for giving me permission to post some comments he put on LinkedIn earlier today. It is small issue, but is an example of the administrative errors that occur daily within the court system,…
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