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…