I am giving a webinar on the 7th May 2020 – 12.00 – 13.00 on the fundamentals of personal injury damages. Many practitioners engage daily in the assessment of personal injury damages without a detailed knowledge of the fundamental principles,…
There has been a whole host of information relating to the practical operation of courts and tribunals. I am grateful to the barristers at 4-5 Gray’s Inn Square for sending me details of their collection and collation of this material….
In Gregory v H J Haynes Ltd [2020] EWHC 911 (Ch) Mr Justice Mann overturned a judge’s decision not to exercise their discretion under Section 33 of the Limitation Act 1980. The claimant had been guilty of culpable delay but…
The normally ebullient solicitor Paul Nicholls joins our club as a very special member. Paul has been seriously ill with coronavirus, hospitalised, ventilated and was given a 50% chance of survival. He is now back at home and working. Against…
The fourth “repeat” looks at the second in the series, based on one article by Susan Carter Liebel 9 Things I wish they’d taught me at Law School. “Here I want to recommend a specific article by Susan…
I am taking advantage of this series to both make new friends and catch up with old ones*. I have known Sue James since we were at university together (a year or two ago now). We were both involved in…
The Association of Cost Lawyers has a link on its site to agreed guidance for the Guidance of Remote Hearings. This is designed to ensure that assessments can continue remotely during social isolation. Litigation Futures has a useful summary of…
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…
In 2017 there was a whole series of posts with advice given from Twitter for those starting their careers in the courts. Since many people aren’t getting that experience right now (or getting it in a fairly remote form), this…
The ability of the courts to proceed using remote hearings has to be celebrated. Sometimes, however, it is interesting to contrast the very real technical difficulties being experienced by county courts up and down the country with what appears to…
Working in unusual conditions, often away from the office, and in the midst of a pandemic can sharpen the mind. For many of us, however, it makes work more difficult. It is worthwhile repeating a post from last year with…
Inevitably guidance from the QBD on the impact of coronavirus has come in stages. The six Bulletins are summarised below, together with links to the each guidance. Queen’s Bench guidance: This update explains the steps that are being taken in order…
I am grateful to barrister James Beeton for drawing my attention to, and giving me permission to cite from, his post on the International Law and Travel Blog “A BIG PROBLEM FOR SERVICE ON EU-DOMICILED DEFENDANTS” THE CLOSURE OF THE FOREIGN…
The next to join the club is Andrew King co-owner of Lennons Solicitors. Working from home with his wife and four young sons (6, 2 and 1 year old twins…) Andrew has been involved in a remote trial during this…
The judgment of Sir Andrew McFarlane in P (A Child: Remote Hearing), Re [2020] EWFC 32 shows that remote hearings are not suitable for every case. “It seems to me that to contemplate a remote hearing of issues such as…
In Muncipio De Mariana & Ors v BHP Group Plc [2020] EWHC 928 (TCC) HHJ Eyre QC allowed the defendants extra time to serve evidence because of the coronavirus crisis and a hearing date was put back. There is an…
Here we look at guidance to lawyers from New Zealand. The series on “Lawyers in Lockdown” is particularly illuminating, it shows that these issues are universal. We are far from alone. New Zealand The New Zealand Law Society has a…
Barristers Bernadette Smith and Geeta Koska have produced a guide dealing with the legal and practical issues facing those who are practising in immigration tribunals during the coronavirus crisis. THE GUIDE One useful function of the guide is that it…
There have been amendments to Practice Direction 51Z. These provide exceptions to the total ban on possession proceedings. THE AMENDMENTS: 120th UPDATE – PRACTICE DIRECTION AMENDMENTS “The amendments to Practice Direction 51Z supplementing the Civil Procedure Rules 1998 are…
Whilst this blog deals, primarily with procedural issues and problems arising from Covid-19 there are major issues relating to substantive law. The law on social care, in particular, is now a major issue. On the Kings Chambers site Coronavirus: Guidance…
The 119th update to the Practice Direction Amendments can be found here. The amendments relate to the the Online Civil Claims (OCMC) pilot scheme. THE CHANGES The changes are best summarised in the Courts and Tribunals Announcements page, available here. …
In the 9th in this series we look at advice to and from lawyers in Canada. All of these links offer practical advice which can be used in the UK, and beyond. Canada In ‘COVID-19: law firms going remote, some…
I first wrote about Coronavirus in a post on March 15. This feels like a very long time ago. This blog has, basically, been looking at the issues relating to coronavirus, lawyers and litigation ever since then. This seems like…
I have spent part of lockdown watching “The Test” – a series about Australia’s cricket team. I have been rooting for the Aussies all the way (except when they played England of course). With the degree of planning and preparation…
The thing about an international pandemic is that many of the problems we face are universal. Lawyers across the globe are dealing with very similar issues in relation to maintaining a firm throughout the COVID-19 crisis. Here we look at…
The seventh member of the club is legal aid practitioner, Simon Mullings, who describes himself as “a long-beard housing law caseworker and newly anointed co-chair of the Housing Law Practitioners’ Association.” 1. Where are you working from now? I am…
I have spent some time (probably too much time) watching repeats of cricket matches over the past few weeks. On the whole these remain almost as interesting (or boring, depending on your point of view) as the first time around. …
Things are moving so quickly at the moment that it is difficult to get time to recap. This is a good time to remind people of the posts on this blog under the heading Keeping your firm going in the…
I have been looking for the experiences of newly qualified litigators, these have been difficult to find. Eventually I found one newly qualified lawyer I could “persuade”. Working as a solicitor at Chadwick Lawrence in Leeds – Jonathan Exall Where…
The newest recruit to the club is Gill Edwards a Partner acting for claimants in the clinical negligence department of Potter Rees Dolan, currently working from home in Mobberley with a partner, two teenagers and a dog. 1 Where are…
In an extremely short amount of time the Inns of Court College of Advocacy has produced a remarkable guide “Principles for Remote Advocacy”. The document has entered the public domain today, with no restrictions on its use, it is available…
The Lord Chief Justice, Master of the Rolls and President of the Family Division have sent out a message to civil and family judges. This has been made generally available. I provide here highlights of the message, particularly relating to…
I am grateful to Andrew King from Lennons solicitors for allowing me to reproduce his article on dealing with virtual hearings. This was based on Andrew’s experience of being involved in a three day remote trial. As you can see…
Elizabeth Thomas knows a thing or too about “remote” working and was the ideal candidate to be the next member of our club. Elizabeth is a Partner in Healthcare Litigation at Hempsons (London) but has been working from home for…
HMCTS has updated its guidance on telephone and video hearings during the coronavirus outbreak. The guidance is available here. THE CONTENTS The decision to use telephone and video hearings Using existing technology and making new technology available The rules on…
The next to join our club is Senior Associate at Stewarts Law Lucy Mills. Lucy is working from home, in a desk on a landing, with two boys aged 3 and 5 in the house. Like so many people she…
HHJ Godsmark QC has issued the listing and hearing protocol set out below for all Civil courts in Nottinghamshire, Derbyshire and Lincolnshire. It is worthwhile having a close look at the annexes in relation to listing priorities and the provision…
Second up in this series is Nigel Poole QC who is balancing the job of carrying on working alongside being Head of Kings Chambers. Nigel’s view of the importance of social interaction in the workplace is important, it balances the…
In Heineken Supply Chain BV v Anheuser-Busch Inbev SA [2020] EWHC 892 (Pat) Damiel Alexander QC (sitting as a High Court judge) considered issues relating to timetabling and the problems caused by coronavirus. The problems caused to a party by…
I have meant, for some time, to start a series looking at how litigators up and down the country are dealing with working in social isolation. Hopefully shared experiences and advice will mean that we are not so lonely. I’m…
The fact that the judgment in Carluccio’s Ltd, Re Insolvency Act 1986 [2020] EWHC 886 (Ch) was delivered on the morning of a bank holiday says a lot in itself. Mr Justice Snowden was called upon to construe aspects of…
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…
A very sensible question was asked on Twitter last week about whether the Practice Direction extending time applied to the very specific rule about parties agreeing an extension of time for filing the defence. THE RULES RELATING TO FILING A…
In the fourth in this series we look at general guides and resources from around the world available to help law firms survive the profound difficulties posed by coronavirus. LexisNexis offers a free Coronavirus Resource Kit to help prepare your…
I have had questions, from several sources, about whether it is possible to amend the “new form” of the statement of truth when a document is not being signed by a party to litigation. PRACTICE DIRECTION 22. The new…
Daniel Barnett has organised 28 guest lawyers for Daily Employment Law Webinars to raise money for the Free Representation Unit. Rightly billed as some of the finest legal minds in the UK, the webinars start on the 20th April. Details…
It says a lot that the Remote Access Family Court by Mr Justice MacDonald was in its 3rd version by April 3. It remains the case that much that is said there is of relevance to non-family practitioners. For instance…
Teesside Gas Transportation Ltd v Cats North Sea Ltd & Ors [2020] EWCA Civ 503 demonstrated that Court of Appeal hearings can take place remotely. “I have explained how this hearing was undertaken in an attempt to demonstrate the…
The judgment of the Divisional Court today in General Medical Council & Ors v Zafar [2020] EWHC 846 (Admin) provides an interesting sequel to the earlier judgments in relation to contempt of court by a doctor who had been seriously…
In Chelsea Football Club Ltd v Nichols & Anor [2020] EWHC 827 (QB) Mr Justice Chamberlain held that the applicant’s health condition, current prison conditions and coronavirus were a relevant factor in the early discharge of someone imprisoned for contempt…
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