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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham.
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WHEN A LITIGANT DOES NOT HAVE A COMPUTER AT COURT: WHAT IS THE PRACTICAL RESPONSE?

WHEN A LITIGANT DOES NOT HAVE A COMPUTER AT COURT: WHAT IS THE PRACTICAL RESPONSE?

October 16, 2020 · by gexall · in Access to justice, Coronavirus, Remote hearings

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

SUMMARY JUDGMENT AND STRIKING OUT: COVID MATTERS ARE A GOOD REASON TO DETERMINE ISSUES NOT DELAY THEM

October 15, 2020 · by gexall · in Applications, Coronavirus, Summary judgment

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

10 TIPS FOR LAWYERS WORKING FROM HOME: IN THIS EXPERIENCE YOU ARE NEVER ALONE

October 15, 2020 · by gexall · in Coronavirus, Remote hearings

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

CIVIL PROCEDURE: BLOG AND ARTICLES ROUND UP – SEPTEMBER 2020

September 30, 2020 · by gexall · in Civil Procedure, Coronavirus, Useful links

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

ONLINE COURTS DURING THE PANDEMIC: RESEARCH AND QUESTIONS: LESSONS FROM TEXAS

September 28, 2020 · by gexall · in Access to justice, Coronavirus, Remote hearings

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

Resumption of Possession Cases on 20 September 2020: Statement from the Master of the Rolls

September 23, 2020 · by gexall · in Coronavirus

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

SENSIBLE COVID PRECAUTIONS TAKEN WHEN IMPLEMENTING A SEARCH ORDER: APPLICANT TAKES A VERY NUANCED APPROACH

September 9, 2020 · by gexall · in Applications, Civil Procedure, Coronavirus, Injunctions

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

PROTOCOL FOR INSOLVENCY AND COMPANY WORK AT CENTRAL LONDON COUNTY COURT: APPLICABLE FROM TODAY

September 7, 2020 · by gexall · in Civil Procedure, Coronavirus, Remote hearings

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

GUIDANCE ON GIVING REMOTE EVIDENCE: ESSENTIAL READING FROM THE ACADEMY OF EXPERTS

September 3, 2020 · by gexall · in Applications, Coronavirus, Expert evidence, Experts, Remote hearings, Useful links

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

CIVIL PROCEDURE (CORONAVIRUS): BLOG AND ARTICLES ROUND UP – AUGUST 2020

September 1, 2020 · by gexall · in Civil Procedure, Coronavirus, Useful links

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

THE NIGHTINGALE COURTS: WHERE THEY ARE AND WHAT THEY COVER

August 30, 2020 · by gexall · in Civil Procedure, Coronavirus

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

NIGHTINGALE COURT IN LEEDS: STARTING 28th AUGUST 2020: BUSINESS AND PROPERTY COURTS AND CIVIL CASES: GUIDANCE FOR USERS

August 29, 2020 · by gexall · in Civil Procedure, Coronavirus

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

EXTENSION OF STAY OF POSSESSION PROCEEDING TO THE 20th SEPTEMBER 2020

August 21, 2020 · by gexall · in Civil Procedure, Coronavirus, Rule Changes

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

COVID-19 Clinical Negligence Protocol 2020

August 18, 2020 · by gexall · in Civil Procedure, Clinical Negligence, Coronavirus, Personal Injury

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"

REMOTE HEARINGS: ZOOM PLATFORM USED, AND WORKED: ALSO AN ENTRY FOR THE OPENING LINE OF JUDGMENT CONTEST: “FAMILY LAW CRAVES FINALITY”

August 17, 2020 · by gexall · in Applications, Civil Procedure, Coronavirus, Remote hearings

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

CORONAVIRUS LAW: PANDEMIC DID NOT PREVENT COURT MAKING MANDATORY INJUNCTION COMPELLING REMOVAL OF CARAVANS AND MOBILE HOMES

August 12, 2020 · by gexall · in Coronavirus, Injunctions

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

CORONAVIRUS LAW: CHALLENGE TO VALIDITY OF ADOPTION AND CHILDREN REGULATIONS REJECTED BY THE ADMINISTRATIVE COURT

August 10, 2020 · by gexall · in Applications, Coronavirus

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

CIVIL PROCEDURE (CORONAVIRUS): BLOG AND ARTICLES ROUND UP – JULY 2020

August 7, 2020 · by gexall · in Coronavirus, Remote hearings, Useful links

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

REMOTE HEARINGS THE SOLICITOR’S DUTIES: (1) READ THE ORDERS MADE; (2) DO NOT BE IN CONTEMPT OF COURT

August 6, 2020 · by gexall · in Applications, Civil evidence, Civil Procedure, Conduct, Coronavirus, Remote hearings

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

CORONAVIRUS LAW: COVID AND CONTACT BETWEEN PARENTS AND CHILD

August 4, 2020 · by gexall · in Appeals, Civil evidence, Coronavirus

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…

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