THE ADVOCATE BEHIND THE MASK: NEW GUIDANCE ON FACE COVERINGS FROM MONDAY 27th JULY 2020
The Kings Chambers’ blog contains the full text of a letter from Susan Acland-Hood relating to the wearing of face coverings in court and tribunal buildings from Monday the 27th July 2020. WEARING FACE COVERINGS IN THE PUBLIC AREAS…
NEW PRACTICE DIRECTION DEALING WITH PROCEDURE RELATING TO POSSESSION PROCEEDINGS FOLLOWING LIFTING OF THE STAY
A new Practice Direction comes into force on the 23rd August 2020. Practice Direction 55C. This deals with the procedure to be adopted in relation to those actions that have been stayed by reason of the Practice Direction and…
REMOTE HEARINGS: THE PLACE WHERE WITNESSES GIVE EVIDENCE FROM MUST BE APPROVED IN ADVANCE BY THE COURT
We looked earlier at the judgment in Navigator Equities Ltd & Anor v Deripaska [2020] EWHC 1798 (Comm) in relation to committal proceedings. That judgment also has some important guidance about the way in which remote hearings are conducted and where…
CORONAVIRUS LAW: APPEAL ON POSSESSION ISSUES STAYED BY PD51Z: NO SALAMI SLICING OF CASES WHERE A LANDLORD IS SEEKING POSSESSION
In the judgment in TFS Stores Ltd v The Designer Retail Outlet Centres (Mansfield) General Partner Ltd & Ors[2020] EWCA Civ 833 the Court of Appeal (by a majority) stayed a number of appeals, holding that they were possession proceedings…
Civil Procedure (Coronavirus): BLOG AND ARTICLES ROUNDUP – JUNE 2020
This round up looks at the impact that COVID-19 is having on the law, and procedure in particular. The key cases in relation to the impact of coronavirus were considered in the post on the Kings Chambers’ blog Coronavirus: How…
JUDGMENT SET ASIDE WHEN DEFAULT WAS OBTAINED BECAUSE OF “LOCKDOWN”: LITIGATORS MUST BE AWARE THAT THE WORLD SHIFTED ON ITS AXIS ON 23 MARCH 2020
The judgment of Mr Justice Julian Knowles in Stanley v London Borough of Tower Hamlets [2020] EWHC 1622 (QB) is the first reference I have seen to that part of CPR PD51ZA that deals the court’s general discretion when faced…
GOING BACK INTO COURT: MY FIRST EXPERIENCE OF A SOCIALLY DISTANCED TRIAL
Yesterday I had my first experience since “lockdown” of going back into a court building to do a trial. I did a series of tweets about it and they have had some attention. That is why i thought it best…
CORONAVIRUS LAW: SHOULD A HEARING BE IN PERSON OR BY VIDEO?
In Surrey Heath Borough Council v Robb & Ors [2020] EWHC 1650 (QB) Mr Justice Freedman considered submissions that a hearing should take place in person. He held that there was an onus on part requesting a hearing in court…
CLINICAL NEGLIGENCE TRIAL HELD REMOTELY: AND IT WORKED WELL…
I have highlighted some cases where remote hearings have had difficulties. In Jones v Ministry of Defence [2020] EWHC 1603 (QB) the judgment indicates that the remote hearing in a clinical negligence case worked well. THE CASE The case was…
THE (NOT SO) LONELY LITIGATOR’S CLUB 31: THE MUSICAL SECTION: NIKOLAS CLARKE – THE CONDUCTOR’S TALE
Having had 30 lawyers write about their experiences in lockdown it is now time to vary the membership. Indeed the club constitution requires us to lighten the mood and provide cheer to the profession. So I have decided to expand…
THE (NOT SO) LONELY LITIGATOR’S CLUB: OUR THIRTY FOUNDING MEMBERS: WHERE WILL THE CLUB GO FROM HERE?
We now have thirty founding members of The (not so) Lonely Litigator’s Club. I started the club in the hope that it would give some people some support during lockdown by seeing how other lawyers are coping whilst working at…
WHEN REMOTE HEARINGS GO WRONG: AND STRUGGLING THROUGH TO PUT THEM RIGHT – AT WHOSE COSTS?
I often listen to, and read, official statements about remote hearings with a degree of scepticism. The impression is given that things are going smoothly. The reality is that things are often going awry and it is taking a great…
THE (NOT SO) LONELY LITIGATOR’S CLUB 30: OUR FINAL FOUNDING MEMBER MICHAEL WILLIAMSON: ” THAT ADMIRABLE SOLICITOR FROM CREWKERNE”
This is the last post in this series in its current format. The thirty club members to date are our “founding members”. I started this series so lawyers could share their experiences of working through lockdown. Michael has dealt with…
THE (NOT SO) LONELY LITIGATOR’S CLUB 29: STEPHEN LOXTON: THE CLERK’S TALE
Next on our list of members is Stephen Loxton, Director of Clerking at Kings Chambers. Steve is working from home with two young children for company. He is one of hundreds (if not thousands)of people involved in the management of…
THE (NOT SO) LONELY LITIGATOR’S CLUB 28: DAVID WITHERS
There may, at times, be a slight Yorkshire bias to the selection of club members, be assured that this is not unconscious. However I noticed that South Yorkshire was missing. Today we here from David Withers a partner at Irwin…
The Civil Procedure (Amendment No. 2) (Coronavirus) Rules 2020: EXTENDING STAY ON POSSESSION PROCEEDINGS UNTIL THE 23rd AUGUST 2020EEDINGS TO THE 23
These Regulations come into force on the 25th June 2020. The put the stay on possession proceedings into the rules (they have previously been in a Practice Direction). The rules are available here . THE NEW RULES Citation and commencement…
CORONAVIRUS LAW: POSSESSION APPEAL HEARD IN STAY PERIOD: JUDGMENT WILL NOT BE GIVEN UNTIL END OF THE STAY
The judgment of Mr Justice Cavanagh yesterday in Bromford Housing Association Ltd v Nightingale & Anor [2020] EWHC 1532 (QB) is another variant of the issues relating to the stay of possession proceedings. In this case the judge declined to…
CORONAVIRUS LAW: APPLICATION TO ADJOURN HEARING REFUSED: JUSTICE DELAYED IS JUSTICE DENIED
The decision of Mr Justice MacDonald today in Lancashire County Council v M & Ors (COVID-19 Adjournment Application) [2020] EWFC 43 is another case where an application to adjourn because of Covid concerns was refused. The judge held that an…
BACK TO COURT: USEFUL ADVICE AND LINKS FOR KEEPING SAFE WHILST OUT AND ABOUT IN A PANDEMIC
The courts are, gradually, re-opening. Civil and criminal hearings are taking place. We have to trust that steps are being taken to protect our health. I asked on Twitter for advice that people had in relation to getting to, and…
CORONAVIRUS LAW: COVID IS NOT GOING TO BE USED AS A REASON TO ALLOW A LATE AMENDMENT TO A DEFENCE
In the judgment today in Pearce v East and North Hertfordshire NHS Trust [2020] EWHC 1504 (QB) Mrs Justice Lambert considered an argument that the Coronavirus epidemic could play a part in the defendant’s application to amend its defence. …
TRANSPARENCY PROJECT: REMOTE COURT HEARINGS GUIDANCE NOTE
The Transparency Project have produced a Remote Court Hearings Guidance Note. This is aimed at litigants themselves. Although it is quite specifically aimed at the Family Courts many litigants (and some lawyers) may find this of some assistance. THE…
CORONAVIRUS LAW IN THE COURT OF APPEAL: A HYBRID HEARING WILL NOT BE UNFAIR IF LEADING COUNSEL CANNOT ATTEND IN PERSON
In the judgment today in C (Children : Covid-19: Representation) [2020] EWCA Civ 734 the Court of Appeal dismissed an argument that a “hybrid” hearing, to be heard with one side’s leading counsel attending remotely, was unfair. THE CASE…
PROCEEDINGS BEFORE QUEEN’S BENCH MASTERS FROM 15th JUNE 2020: (EVEN THOUGH YOU’RE NOT GOING TO EQUITY YOU WILL HAVE CLEAN HANDS…)
A further bulletin has been issued which sets out the procedure for hearings before Queen’s Bench Masters from the 15th June. The default position is that hearings will be heard remotely. If an “in person” hearing is needed then it…
CIVIL JUSTICE COUNCIL REPORT ON THE IMPACT OF COVID-19 ON CIVIL COURT USERS
It is not possible to have anything but admiration for the way in which the Civil Justice Council have produced their report on the impact of COVID-19 on civil court users. The report is available here. It carried out what…
CORONAVIRUS LAW: DEFENDANT’S APPLICATION TO ADJOURN TRIAL REFUSED: TRIAL CAN GO AHEAD IN PERSON (AND WOULD GO AHEAD EVEN IF HELD REMOTELY)
In the judgment in SC v University Hospital Southampton NHS Foundation Trust (Rev 2) [2020] EWHC 1445 (QB) given yesterday Mr Justice Johnson refused the defendant’s application for an adjournment on the grounds that a trial held remotely would be…
CORONAVIRUS LAW: FURLOUGHED EMPLOYEES GIVING EVIDENCE AT COURT IS NOT “WORK”
I am grateful to barrister Tom Herbert from bringing my attention to Nottinghamshire Law Society Civil Court User Bulletin No 5. It is a case, Fottles v Bourne Leisure, where HHJ Godsmark QC allowed an application to vacate. However during…
CORONAVIRUS LAW: COVID NOT A GOOD REASON TO CHANGE NORMAL RULE AS TO COSTS FOLLOWING DISCONTINUANCE
In Khan v Governor of HMP The Mount & Anor [2020] EWHC 1367 Mr Justice Spencer considered, and rejected, an argument that a different costs order should be made because of the impact of coronavirus. THE CASE The claimant…
CORONAVIRUS LAW: STAY LIFTED SOLELY FOR THE PURPOSE OF HANDING DOWN APPEAL JUDGMENT
In Copeland v Bank of Scotland Plc [2020] EWHC 1441 (QB) Mr Justice Freedman lifted the stay on possession proceedings for the purpose of handing down a judgment on appeal. THE CASE The action related to possession proceedings brought…
SOME LAWYERS HAVE WRITTEN POEMS ABOUT COVID AND THE LAW, I’VE JUST READ IT TWICE NOW AND I’M SIMPLY IN AWE
Quite a few decades – possibly to the day – since I finished my A Level English Literature exam I find myself reviewing a book of poetry. (Mrs Turner and Mr Payne were right, these skills would come in handy…
MORE CORONAVIRUS LAW: HEALTH PROTECTION REGULATIONS BAN ON RELIGIOUS GATHERING NOT REMOVED BY INJUNCTION
In Hussain, R (on the application of) v Secretary of State for Health & Social Care [2020] EWHC 1392 (Admin) Mr Justice Swift refused an application for interim relief to allow attendance at religious services. The application requested the prevention…
MORE CORONAVIRUS LAW: ORDER TO RESTRAIN WINDING UP PETITION: WHERE THERE’S A BILL THERE IS A WAY
The judgment of Mr Justice Morgan today in A Company (Injunction To Restrain Presentation of Petition) [2020] EWHC 1406 (Ch) is another example of “coronavirus law”. The judge made an order restraining the presentation of a winding up petition not…
CIVIL PROCEDURE (CORONAVIRUS): BLOG AND ARTICLES ROUND UP – MAY 2020
Articles and posts of interest to litigators in relation to civil procedure and Coronavirus. THE POSTS Courts Litigation Futures Court issues guidance on e-bundles for short applications Remote Hearings Litigation Futures “Uphill battle” to engage judges in remote JR hearings Litigation Futures ……
NO VARIATION TO COURT ORDER BECAUSE OF CORONOVIRUS: RESPONDENT DOES NOT GET TWO BITES OF THE CHERRY
It is likely that the Coronavirus epidemic is going to give rise to many issues in litigation. Some of them unusual and unprecedented. An example can be seen in the judgment today in Dinglis v Dinglis & Ors [2020] EWHC…
THE (NOT SO) LONELY LITIGATOR’S CLUB 26: GABOR COVAKS: THE MANDOLIN PLAYING SOLICITOR’S TALE
The Club may be unique in legal history because, in addition to promoting knowledge and skills about litigation, the constitution also has the aims of promoting laywers playing and listening to mandolin music. That is just one of the reasons…
AUTOMATIC STAY OF POSSESSION HEARINGS APPLIES TO APPEALS: COURT OF APPEAL DECISION THIS MORNING
In London Borough of Hackney -v- Okoro [2020] EWCA Civ 681 the Court of Appeal found that the automatic stay on possession proceedings also applies to appeals against possession orders. THE CASE The Court of Appeal were asked…
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…
AMENDED LISTING PRIORITIES IN THE COUNTY COURT
The listing priorities in the county court were amended on 14.05.2020. “Introduction 1. Listing is a judicial function. 2. All applications/hearings/trials should be considered in advance by a judge in order for the judge to decide whether it should…
THE (NOT SO) LONELY LITIGATOR’S CLUB 25: CLAIRE GREEN: THE COST LAWYER’S TALE (OR TWO TAILS IN FACT)
Our club is going to need a costs lawyer or two. So for our first costs lawyer member I went straight to the top. Claire Green is currently Chairman of the Association of Costs Lawyers ( ACL) as well as…
HMCTS GUIDANCE “Keeping court and tribunal buildings safe, secure and clean”
HMCTS have recently updated their guidance about security, cleaning and social-distancing arrangements in court and tribunal buildings during the coronavirus (COVID-19) pandemic. Some of the guidance puts obligations on lawyers and court users. Having successfully avoided the pun for two…
THE (NOT SO) LONELY LITIGATOR’S CLUB 24: ROBERT MALES: THE MANAGING PARTNER’S TALE
The latest member of our club is Robert Males. As you may be able to guess from the photo Robert is managing partner of Underwoods Solicitors of Hemel Hempstead Hertfordshire and Cape Town, South Africa. Where are you working…
GENERAL GUIDANCE ON PDF BUNDLES FOR HEARINGS IN COURTS: GUIDANCE ISSUED TODAY
Mr Justice Mann has issued the following guidance on PDF bundles today. It provides practical guidance as to the matters that should be included in bundles, including the need for optical recognition, the need for the documents to be in…
THE (NOT SO) LONELY LITIGATOR’S CLUB 23: SASHA BEAUMONT-HODGES: THE LAW STUDENT’S TALE
It is important for the future of the club that we encourage young members and are aware of the difficulties that they are going through at the moment. For that reason I invited law student Sasha Beaumont-Hughes to become a…
THE (NOT SO) LONELY LITIGATOR’S CLUB 22: PAUL MAGRATH: THE LAW REPORTER’S TALE
It occurred to me that a law reporter would would be a very helpful, in not essential, addition to our club ( I have checked and the club rules allow this). So I asked Paul Magrath to join. Paul is…
COVID REPEATS 22: DRESSING FOR COURT: NO RIPPED JEANS, BUT NO TOP HAT, TAILS AND SPATS EITHER
I thought hard about whether repeating a post about dressing for court is appropriate for the current times. We will have to go back to court one day, and current guidance dictates that (the top half of us at least)…
COVID REPEATS 21: OPENING LINES OF JUDGMENTS (WITH SOME NEW ONES THROWN IN): BJORN AGAIN
Today we are looking at opening lines of judgment. We also have a new opening line from earlier this year. ABBA: (ALTHOUGH THE WINNER DIDN’T TAKE IT ALL…) In April this year in a judgment about an inheritance dispute…
COVID REPEATS 20: CIVIL LITIGATION BRIEF 26 YEARS AGO: PROCEDURAL DEVELOPMENT IN 1994
Six years ago I reviewed the annual output of Civil Litigation Brief in 1994 so, in essence, this is a repeat of a repeat. There were no “blogs” back. Twenty six ago CLB was a monthly column in the Solicitors…
CHALLENGES TO THE VALIDITY OF PRACTICE DIRECTION MADE AS A RESPONSE TO CORONAVIRUS: THIS IS A PILOT SCHEME
In Arkin -v- Marshall [2020] EWCA Civ 620 the Court of Appeal rejected an argument that Practice Direction 51Z was ultra vires. The Practice Direction which provides for a stay of possession proceedings during the coronavirus crisis was held to…
THE (NOT SO) LONELY LITIGATOR’S CLUB 21: DONNA SCULLY: FROM DUBLIN TO LIVERPOOL
Our newest member practices in Liverpool. Donna Scully. Originally from Dublin Donna qualified as a solicitor at the age of 30 and is now director of the Carpenters Group. I am Irish, from Dublin. I am a joint owner/Director…
COVID REPEATS 18: “BEHIND THE DIFFIDENT SMILE OF THE SHYEST JUNIOR IS A CONCEIT OF NAPOLEONIC PROPORTIONS”
Today we travel to Australia and looking again at guidance given by the Hon Chief Justice Pat Keane in his keynote address to the Australian Lawyers Alliance Queensland State Conference in February 2013. Remember the main aim of these posts…
THE (NOT SO) LONELY LITIGATOR’S CLUB 20: SNIGDHA NAG: THE LAW LECTURER’S VIEW
It is well known that the constitution of the Club requires us to “encourage and educate the legal profession and public in the importance and rules of civil procedure”. Naturally, therefore, the Club needs law lecturers to help us in…
You must be logged in to post a comment.