APPLICATION TO RELY ON EXPERT EVIDENCE REFUSED: THE RULES WERE NOT FOLLOWED AND THE REPORT WAS “FAR BELOW THE STANDARD OF ANALYSIS THAT THIS COURT IS ENTITLED TO EXPECT FROM AN EXPERT WITNESS”
In North Yorkshire Clinical Commissioning Group v E (Covid Vaccination) (Rev1) [2022] EWCOP 15 Mr Justice Poole disallowed an application by a respondent in relation to expert evidence. The expert had been instructed without compliance with the procedural rules in…
PROVING THINGS 214: CORONAVIRUS, COMPANIES AND INSOLVENCY: PETITIONER FAILS TO PROVE ITS CASE
The judgment of HHJ Kelly (sitting as a judge of the High Court) in A Company, Re [2021] EWHC 2289 (Ch) concerns some intricate provisions of the Corporate Insolvency and Governance Act 2020 Ultimately, however it was a matter of…
SEEKING PERMISSION TO APPEAL: THE COVID PROTOCOL MAKES NO DIFFERENCE TO THE TIME LIMITS: A POINT TO REMEMBER
In Claydon Yield-O-Meter Ltd v Mzuri Ltd & Ors [2021] EWHC 1322 (IPEC) HHJ Hacon rejected an argument that the Covid Protocol had any effect on the provisions for applying for permission to appeal. The proposed appellants should have applied…
PROVING THINGS 207: CORPORATE INSOLVENCY AND CORONAVIRUS: A COMPANY STILL HAS TO PROVE SOLVENCY PROBLEMS WERE DUE TO COVID
In PGH Investments Ltd v Ewing [2021] EWHC 533 (Ch) Deputy ICC Judge Passfield considered questions of evidence in relation to the provisions that prevent winding up of a company when it can establish that its financial state is due…
“TOPSY TURVY STATUTORY CONSTRUCTION”: THE CORONAVIRUS ACT DOES NOT ALLOW THE BROADCASTING OF THE COURTS
In Good Law Project Ltd & Ors, R. ( On Application of) v Secretary of State for Health And Social Care [2021] EWHC 346 (Admin) Mr Justice Chamberlain rejected an argument that the Coronavirus Act implicitly gave the courts power…
DAMAGES AND LOSS OF EARNINGS DUE TO COVID: A MINOR REDUCTION IN INCOME FOUND
One of the things considered in the judgment in Kim v Lee [2021] EWHC 231 (QB) was whether the claimant would have suffered a reduction in income due to Covid in any event. This is likely to be a live…
AMENDMENTS TO PD 55 C: STAY EXTENDED TO 30th JULY 2021
The online version of PD 55C shows an extension of the time period for suspension of possession proceedings to 30th July 2021. THE AMENDED PRACTICE DIRECTION Is available here. THE RULE 1.1 of the PD now reads ” This…
INJUNCTION AND POSSESSION AGAINST TRESPASER SUSPENDED BECAUSE OF COVID
In Merritt v Thurrock Council & Anor [2021] EW Misc 2 (CC) HHJ Karen Walden-Smith found that the defendant had no defence to a claim for trespass. However enforcement of the order was delayed because of the coronavirus situation. …
IMPORTANT COVID UPDATES FROM HMCTS: USEFUL LINKS FOR THE PRACTITIONER
The latest HMCTS weekly operational summary on courts and tribunals during coronavirus (COVID-19) outbreak contains some important links for those using the courts. LINKS HMCTS held a webinar for legal professionals to provide information on the arrangements in place at courts…
CLAIMANT NOT SUCCESSFUL IN APPLICATION THAT A WITNESS ATTEND IN PERSON AND NOT REMOTELY
In Langley v GMB & Ors [2020] EWHC 3619 (QB) Mrs Justice Stacy refused a claimant’s application for an order that a defendant’s witness attend court personally. The matter could proceed fairly with the witness attending remotely. This judgment (given…
COVID DOESN’T STOP THE COURTS GOING ON: BUT GREAT CARE IS NEEDED
In Bilta (UK) Ltd & Ors v SVS Securities Plc & Ors [2021] EWHC 36 (Ch) Mr Justice Marcus Smith examined in detail the principles relating to court hearings during COVID. There is an examination of the steps that need…
LAWYERS (WELL LITIGATORS ANYWAY) ARE CRITICAL WORKERS: TRAVEL, OVERNIGHT ACCOMMODATION AND SCHOOL PLACES
The HMCTS operational summary for this week states that “all those who work in courts and tribunal” are critical workers “Updated: All those essential to keeping the justice system running are considered critical workers. This applies to all those who work…
PD51ZA WAS NOT EXTENDED: NEW PROVISIONS PLANNED TO ALLOW RULES TO BE CHANGED DURING PUBLIC EMERGENCY
There have been several enquiries recently as to whether PD51ZA, which allowed the parties to agree lengthier extensions of time, was extended. The simple answer is that it was not. The rule expired on 30th October 2020. MINUTES OF…
IT IS UNLAWFUL TO TAKE PHOTOGRAPHS OF A TRIAL CONDUCTED REMOTELY
In SLF Associates Inc v (1) HSBC (UK) Bank Plc & Ors [2021] EWHC 5 (Ch) Master Kaye pointed out that taking photographs of participants in a remote court was unlawful. THE CASE The Master was giving judgment in a…
MORE GUIDANCE FROM JUDGES ON PREPARATION AND ADVOCACY IN REMOTE HEARINGS: “WEAR PANTS, SEQUESTER PETS”
I started the day with a look at guidance for remote hearings. As is often the way more useful guidance came out this morning in Bloomberg Law “Wear Pants, Sequester Pets: Five Tips From Judges for Zoom Court”. THE GUIDANCE…
REMOTE HEARINGS AND REMOTE ADVOCACY: USEFUL LINKS FROM THE UK AND BEYOND…
Lawyers all over the world are getting to grips with advocacy via a computer screen. This is an opportune time to look at the useful guidance out their for those undertaking and preparing hearings and trials that are heard remotely….
CORONAVIRUS LAW: ROUND UP – NOVEMBER 2020
A look at blogs and articles about coronavirus, law and lawyers from November 2020. CORONAVIRUS LAW Gov.uk – Coronavirus Act report: November 2020 COURTS Herbert Smith Freehills – LORD CHIEF JUSTICE’S REPORT 2020: COURTS IN STRONG POSITION DESPITE PANDEMIC RPC – To MAE…
CORONAVIRUS: LAW AND LAWYERS – RECENT POSTS AND ARTICLES
Links to articles and posts on coronavirus and the law. CORONAVIRUS LAW Kings Chambers – KINGS CHAMBERS & SIMPSON MILLAR INSTRUCTED TO CHALLENGE THE GOVERNMENT’S 10PM HOSPITALITY CURFEW PLANNING Lewis Silkin – Overview of planning changes 2020 (England only) LOCAL AUTHORITIES The…
WEARING FACEMASKS IN THE COURTROOM: A MATTER OF CHOICE FOR BOTH THE JUDGE AND OTHER PARTICIPANTS (UNLESS ACTUALLY SPEAKING)
The Senior and Deputy Senior Presiding Judges at the Royal Courts of Justice issued guidance on the 17th November 2020 which replaced earlier guidance on this topic. The guidance deals with wearing facemasks in the court room. THE GUIDANCE “Wearing…
REMOTE HEARINGS: TRIAL CAN GO AHEAD WITH PARTICIPANTS FROM ABROAD ALLOWED TO WATCH (SUBJECT TO SAFEGUARDS)
In the judgment this morning in Huber & Anor v X-Yachts (GB) Ltd & Anor [2020] EWHC 3082 (TCC) Mr Justice Kerr rejected an argument that participants in a civil trial could not continue to watch the trial if they…
CORONAVIRUS LAW: FURTHER STATUTORY STAY ON EVICTIONS AND TAKING CONTROL OF GOODS
The Public Health (Coronavirus) (Protection from Eviction and Taking Control of Goods) (England) Regulations 2020 come into force tomorrow. They prevent residential evictions (for the most part) until the 11th January 2021. THE REGULATIONS Citation, Commencement and Application 1.—(1) These Reg……
A REMOTE HEARING IS NOT INNATELY UNFAIR: NOR DOES IT CREATE AN INEQUALITY OF ARMS
In Attorney General of the Turks and Caicos Islands v Misick & Ors [2020] UKPC 30 the Privy Council rejected an argument that continuing a criminal trial by remote means would be innately unfair. ” It cannot be said that…
YOU CAN TEACH AN OLD JUDGE NEW TRICKS: TECHNOLOGY “EMBRACE IT: IT WILL MAKE YOUR JOB EASIER”
In S (Fact-Finding) [2020] EWFC 71 HHJ Jack sitting as a High Court Judge heard a case remotely. I will leave the analysis of his robust findings in the case – where the children were returned to their parents – …
WORKING FROM HOME IN A LONELY WINTER (5):LITIGATION DEADLINES – AVOIDING THE PAIN BY SHARING THE PAIN
The fact that we are in lockdown does not make litigation deadlines go away. Litigation may be more problematic, however there is now nothing in the rules that recognises the difficulties that litigators face. One way of dealing with this…
WORKING FROM HOME IN A LONELY WINTER (4): PRODUCTIVITY
How hard is it to say “productive” whilst working from home? This issue has been addressed in a number of publications. Here are a selection from across the world. Stanford – The productivity pitfalls of working from home in the age…
WORKING FROM HOME IN A LONELY WINTER (3): STARTING A NEW JOB IN LOCKDOWN (WITH SOME HINTS FOR THE REST OF US AS WELL)
Some people are starting new jobs during lockdown. Many trainees and pupils are also embarking upon their careers. This post was actually suggested by someone doing just that – starting their (deferred) training contract early next year. There are now…
WORKING FROM HOME IN A LONELY WINTER (2): DEALING WITH LONELINESS – ADVICE FOR LAWYERS (AND OTHERS)
Working from home can be a lonely experience. This can be tough, particularly in the winter months. In the second in this series we look at some of the helpful guidance that is available for dealing with issues relating to…
WORKING FROM HOME IN A LONELY WINTER (1): DECOMPRESSION – WINDING DOWN AFTER WORK FINISHES
There are many posts on this blog about issues relating to working from home. In the early stage of the “first” lockdown many practitioners kindly contributed to a series of posts about the practicalities of home working, a new experience…
CORONAVIRUS AND CIVIL PROCEDURE: THE PRACTICE DIRECTION ENDS TOMORROW: REVIEW OF THE CASES
Practice Direction 51ZA which allows parties to extend time limits for up to 56 days comes to an end on the 30th October 2020. Unless there is a further rule change then parties can only agree extensions of 28 days. …
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….
SUMMARY JUDGMENT AND STRIKING OUT: COVID MATTERS ARE A GOOD REASON TO DETERMINE ISSUES NOT DELAY THEM
In TKC London Ltd v Allianz Insurance PLC [2020] EWHC 2710 (Comm) Mr Richard Salter QC (sitting as a High Court Judge) considered the issue of whether issues relating to the COVID pandemic should be a factor in considering a…
10 TIPS FOR LAWYERS WORKING FROM HOME: IN THIS EXPERIENCE YOU ARE NEVER ALONE
A lot of people had to get used to working from home very quickly. During the “early days” a lot of help was gathered from Twitter. Here are 10 points selected from a series of posts on this blog :…
CIVIL PROCEDURE: BLOG AND ARTICLES ROUND UP – SEPTEMBER 2020
This round up also covers specific posts and articles in relation to coronavirus. There will no longer be a specific round up covering coronavirus and and civil procedure. There is, however, a monthly round up of a wide range of…
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…
Resumption of Possession Cases on 20 September 2020: Statement from the Master of the Rolls
On the 17th September 2020 the Master of the Rolls issued a statement about the lifting of the stay on possession cases that took place on the 20th September. That statement is reproduced below, together with the links referred to….
SENSIBLE COVID PRECAUTIONS TAKEN WHEN IMPLEMENTING A SEARCH ORDER: APPLICANT TAKES A VERY NUANCED APPROACH
The judgment of Mr Justice Fordham in Calor Gas Ltd v Chorley Bottle Gas Ltd & Anor [2020] EWHC 2426 (QB) has some interesting observations about the way in which COVID affects both the way a hearing is held and…
PROTOCOL FOR INSOLVENCY AND COMPANY WORK AT CENTRAL LONDON COUNTY COURT: APPLICABLE FROM TODAY
A Protocol for insolvency and company work at Central London applies from today. It is set out in full below. It sets out details for remote hearings of bulk and other work made necessary by the pandemic. “PROTOCOL FOR INSOLVENCY…
GUIDANCE ON GIVING REMOTE EVIDENCE: ESSENTIAL READING FROM THE ACADEMY OF EXPERTS
The Academy of Experts have written Guidance on Giving Remote Evidence. Although this is aimed at expert witnesses there is much that anyone involved in litigation can take away from this. SELECTED EXTRACTS There is much that is useful. …
CIVIL PROCEDURE (CORONAVIRUS): BLOG AND ARTICLES ROUND UP – AUGUST 2020
A round up of blog posts and articles relating to civil procedure and coronavirus for August 2020. Remote Hearings Stewarts – Divisional Court judgment offers lessons for virtual trials Litigation Litigation Futures – NHS, solicitors and patients group agree Covid-19 claims…
THE NIGHTINGALE COURTS: WHERE THEY ARE AND WHAT THEY COVER
HMCTS has published a list of “Nightingale Courts. Details are available here. Site Address Opening date Business being heard East Pallant House East Pallant Chichester PO19 1TY Monday 20 July 2020 Civil work from Worthing County Court and family work from Worthing…
NIGHTINGALE COURT IN LEEDS: STARTING 28th AUGUST 2020: BUSINESS AND PROPERTY COURTS AND CIVIL CASES: GUIDANCE FOR USERS
A “Nightingale Court” has started in Leeds from the 28th August 2020. It is being run at Cloth Hall Court, Quebec Street, Leeds. Below I have the formal notice from HMCTS and the guidance that has been issued to users…
EXTENSION OF STAY OF POSSESSION PROCEEDING TO THE 20th SEPTEMBER 2020
The Civil Procedure (Amendment No. 5) (Coronavirus) Rules 2020 extend the stay on possession proceedings from the 23rd August to the 20th September 2020. THE RULES The rules can be found here. WHAT THE RULES DO The mechanism is…
COVID-19 Clinical Negligence Protocol 2020
A Protocol has been introduced between SCIL, NHS Resolution and AVMA, which deals with the conduct of personal injury litigation. Details can be found here. SUMMARY The press release has a useful summary “The protocol is wide-ranging, covering: moratoriums…
REMOTE HEARINGS: ZOOM PLATFORM USED, AND WORKED: ALSO AN ENTRY FOR THE OPENING LINE OF JUDGMENT CONTEST: “FAMILY LAW CRAVES FINALITY”
In LB v DB [2020] EWFC B34 (OJ) Deputy District Judge Hodson expressed his dissatisfaction with telephone hearings, but found that a zoom hearing worked. This has not been a platform viewed with favour by the court authorities, yet appears…
CORONAVIRUS LAW: PANDEMIC DID NOT PREVENT COURT MAKING MANDATORY INJUNCTION COMPELLING REMOVAL OF CARAVANS AND MOBILE HOMES
In Chichester District Council v Sullivan & Ors (Rev 1) [2020] EWHC 2154 (QB) HHJ Auberbach considered the impact of the coronavirus pandemic on a decision to grant a mandatory injunction requiring the removal of caravans and mobile homes in…
CORONAVIRUS LAW: CHALLENGE TO VALIDITY OF ADOPTION AND CHILDREN REGULATIONS REJECTED BY THE ADMINISTRATIVE COURT
In Article 39, R (on the application of) v Secretary of State for Education [2020] EWHC 2184 (Admin) Mrs Justice Lieven rejected a challenge to the validity of the Adoption and Children (Coronavirus) Amendment Regulations 2020. “In anything less than…
CIVIL PROCEDURE (CORONAVIRUS): BLOG AND ARTICLES ROUND UP – JULY 2020
Issues relating to coronavirus still play a large part in the conduct of civil litigation. It is still worthwhile looking at those posts and articles that deal specifically with covid and the courts. Costs ACL – Gordon-Saker: Video and phone…
REMOTE HEARINGS THE SOLICITOR’S DUTIES: (1) READ THE ORDERS MADE; (2) DO NOT BE IN CONTEMPT OF COURT
In the judgment today in Gubarev & Anor v Orbis Business Intelligence Ltd & Anor [2020] EWHC 2167 (QB) the Divisional Court sent out a clear message that lawyers must follow orders of the court. Live trials cannot be transmitted…
CORONAVIRUS LAW: COVID AND CONTACT BETWEEN PARENTS AND CHILD
The number of cases dealing with issues relating to COVID have reduced. However issues still arise. In the judgement today in D-S (Contact With Children In Care: Covid-19) [2020] EWCA Civ 1031 the Court of Appeal set out clear principles…
HEARINGS AND DETAILED ASSESSMENTS IN THE SENIOR COURTS COSTS OFFICE PRACTICE NOTE BY THE SENIOR COSTS JUDGE
Senior Costs Judge Gordon-Saker has issued a Practice Note in relation to Practice in the Senior Courts Costs Office. “Introduction 1. As a result of the hard work and determination of the court staff and the willingness to adapt…
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