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…
THE “NIGHTINGALE COURTS”: WHERE ARE THEY?
Whilst dozens of courts have been closed and sold off (or left to rot) HMCTS has felt it necessary to “innovate” by opening “Nightingale Courts”, details are available here. So far as I can tell only one two of these…
LAW CENTRES AND LEGAL NEED DURING LOCKDOWN: GUEST POST FROM SUE JAMES
Sue James was an early member of the (not so) Lonely Litigator’s Club. Following comments made about law centres yesterday I invited Sue to write a guest post on the role of law centres, generally and during the pandemic. Sue…
COMMITTAL PROCEEDINGS: LEGAL AID IS AVAILABLE WITHOUT ASSESSMENT OF MERITS OR MEANS: BUT WHERE DOES A RESPONDENT OBTAIN REPRESENTATION (LOOK HERE I HOPE)
The problems caused by civil committal proceedings have been a constant theme on this throughout the year (and for some time before). The problems may be reduced, to some extent, by the judgment of Mr Justice Chamberlain in The All…
CIVIL COMMITTAL PROCEEDINGS (YET AGAIN…): COMMITTAL ORDER SET ASIDE BECAUSE DEFENDANT WAS NOT LEGALLY REPRESENTED
Yet another example of the difficulties arising in civil committal proceedings arises in the Court of Appeal decision today in O (Committal: Legal Representation) [2019] EWCA Civ 1721. Legal representation, if requested, is essential if committal proceedings are to be valid….
LEGAL AID MATTERS: SUCH A WONDERFUL LITTLE BOOK – A REVIEW OF 70 YEARS OF THE CONTRIBUTION OF LEGAL AID TO OUR SOCIETY
This small, but important, book from the Justice Alliance is (I imagine) deliberately designed to resemble the campaigning pamphlets that used to be an essential part of public and political debate. It was printed by the Legal Action Group and…
THE ROLE OF THE SOLICITOR IN PERSONAL INJURY LITIGATION: IDEAS TAKEN FROM THE SECRET BARRISTER
There was a tweet yesterday from someone (a non-lawyer) asserting that personal injury lawyers did not need to know the law. His purpose, I suspect, was to lead on to an argument that the work could be done by someone…
“THE COURT REFORM PROGRAMME IS MARKED BY RECKLESSNESS AND LACK OF FORESIGHT”: VIEWS FROM THE FRONT LINE: MORE RESPONSES TO THE JUSTICE COMMITTEE
The responses to the Justice Committee review are a virtual gold mine of information for anyone interested in civil procedure and the practical impact of court reforms. The reforms have not meant improvements, far from it. This can be seen…
CLOSING COURTS: MORE MADNESS AND MAYHEM FROM HMCTS: CLOSING MORE COURTS & NO PROPER RESEARCH (BUT THEY’VE PAID £30 MILLION TO “CONSULTANTS” SO EVERYTHING WILL BE FINE
Anyone concerned with access to justice knows that this includes physical access. There have to be courts for people to go to.I want to encourage everyone to read and to respond to the HMCTS document “Fit for the future: transforming…
THE BALLAD OF READING COUNTY COURT LIFT: IN POETRY
Barrister Rawdon Crozier has put the plight of Reading County Court life into a poem. It speaks for itself, as all good poetry should. The Ballad of Reading County Court Lift I never saw a lift which looked With…
THE BALLAD OF READING COUNTY COURT LIFT: THIS IS A TRAGEDY NOT A COMEDY
The earlier post about the Twitter account of broken lift in Reading County Court has already led to a lot of responses. This is a battle being fought with humour, however its consequences are serious, profoundly serious. Many people have…
THE BALLAD OF READING COUNTY COURT LIFT: THE LIFT WITH ITS OWN TWITTER ACCOUNT – AN ESCALATING PROBLEM
Last week I went to Reading County Court. This was a new court to me and I asked the Legal Twitterati for directions (“out of the station turn left at Snappy Snaps”, for anyone who needs to know). What was…
“THE STATE HAS SIMPLY WASHED ITS HANDS OF THE PROBLEM, LEAVING THE SOLUTION… TO THE GOODWILL, AND CHARITY, OF THE LEGAL PROFESSION”
Every sensible citizen should read the judgment of Sir James Munby in M v P [2019] EWFC 14. It is a classic case of the government creating a problem and leaving the victims unsupported (whilst it employs a formidable legal team…
WHEN THE COURT LETS YOU DOWN: A WORRYING CHRONOLOGY
In BC v BG [2019] EWFC 7 the court rejected an application to set aside an arbitration award made in ancillary relief proceedings. The application was unsuccessful (and the applicant awarded to pay costs). However the issue of concern is the…
THE LANGUAGE OF LAW: A JUDGMENT THAT IS WRITTEN FOR THE BENEFIT OF A CHILD
A short tweet I did yesterday has caused dozens of comments. It is not about a civil case but a family case. However it is a matter of universal interest, the language of law. In this case the judgment had…
“CIVIL JUSTICE IS A PUBLIC GOOD”: SPEECH BY LORD JUSTICE GROSS: WHY WE ARE WORKING IN THE “CINDERELLA” SECTOR
This morning I am encouraging you all to read the speech of Lord Justice Gross given to the London Common Law & Commercial Bar Association Annual Lecture. It is a wide-ranging speech, the essential theme is that Civil Justice is…
ARROGANT, RUDE, SEXIST (AND AT TIMES BARELY LITERATE): THE MINISTRY OF JUSTICE: WE ALL DESERVE BETTER MUCH, MUCH BETTER
My “litigator’s New Year’s resolution” for 2019 was to recommend that everyone read more of Emily Dugan’s work on exposing the impact of the cuts at the Ministry of Justice. When I wrote the “resolution” I could not have conceived…
A NEW YEAR’S RESOLUTION FOR LITIGATORS: READ BUZZFEED MORE OFTEN: FIND OUT WHAT JUDGES REALLY THINK AND THE MOJ’S HIGHLY “SELECTIVE” USE OF STATISTICS
I have written before about the impressive work done by the journalist Emily Duggan on Buzzfeed News. Emily is one of the people who keeps a close, and sceptical, eye on what we are being told about reforms to the …
THE JUSTICE PAPERS FOR JUSTICE WEEK: ESSENTIAL READING: VIEWS FROM THE SHARP END
The Bar Council has circulated links to a number of papers written in support of Justice Week : “a series of personal accounts giving first-hand insight into the crises occurring across the system.” Every one of these deserves the widest publicity…
“EFFICIENCY” AND THE COURT SYSTEM 3: WANT TO BE A LAWYER? BUY YOURSELF A SELFIE STICK
In the third (and I suspect not the last) I want to set out a series of tweets which arose from the earlier posts on this topic. There were a series of tweets about the problems caused by courts losing…