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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham.
Browse: Home » Civil Procedure. Coronavirus
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…

THE ADVOCATE BEHIND THE MASK: NEW GUIDANCE ON FACE COVERINGS FROM MONDAY 27th JULY 2020

THE ADVOCATE BEHIND THE MASK: NEW GUIDANCE ON FACE COVERINGS FROM MONDAY 27th JULY 2020

July 24, 2020 · by gexall · in Civil Procedure, Coronavirus

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…

Civil Procedure (Coronavirus): BLOG AND ARTICLES ROUNDUP - JUNE 2020

Civil Procedure (Coronavirus): BLOG AND ARTICLES ROUNDUP – JUNE 2020

July 1, 2020 · by gexall · in Case Management, Coronavirus, Useful links

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…

THE (NOT SO) LONELY LITIGATOR'S CLUB 29: STEPHEN LOXTON: THE CLERK'S TALE

THE (NOT SO) LONELY LITIGATOR’S CLUB 29: STEPHEN LOXTON: THE CLERK’S TALE

June 17, 2020 · by gexall · in Coronavirus, Well being

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 Civil Procedure (Amendment No. 2) (Coronavirus) Rules 2020: EXTENDING STAY ON POSSESSION PROCEEDINGS UNTIL THE 23rd AUGUST 2020EEDINGS TO THE 23

The Civil Procedure (Amendment No. 2) (Coronavirus) Rules 2020: EXTENDING STAY ON POSSESSION PROCEEDINGS UNTIL THE 23rd AUGUST 2020EEDINGS TO THE 23

June 13, 2020 · by gexall · in Applications, Civil Procedure, Coronavirus

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

CORONAVIRUS LAW: POSSESSION APPEAL HEARD IN STAY PERIOD: JUDGMENT WILL NOT BE GIVEN UNTIL END OF THE STAY

June 13, 2020 · by gexall · in Appeals, Coronavirus

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…

TRANSPARENCY PROJECT: REMOTE COURT HEARINGS GUIDANCE NOTE

TRANSPARENCY PROJECT: REMOTE COURT HEARINGS GUIDANCE NOTE

June 10, 2020 · by gexall · in Civil evidence, Civil Procedure, Coronavirus, Remote hearings

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…

PROCEEDINGS BEFORE QUEEN'S BENCH MASTERS FROM 15th JUNE 2020: (EVEN THOUGH YOU'RE NOT GOING TO EQUITY YOU WILL HAVE CLEAN HANDS...)

PROCEEDINGS BEFORE QUEEN’S BENCH MASTERS FROM 15th JUNE 2020: (EVEN THOUGH YOU’RE NOT GOING TO EQUITY YOU WILL HAVE CLEAN HANDS…)

June 10, 2020 · by gexall · in Applications, Civil Procedure, Coronavirus

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…

CORONAVIRUS LAW: STAY LIFTED SOLELY FOR THE PURPOSE OF HANDING DOWN APPEAL JUDGMENT

CORONAVIRUS LAW: STAY LIFTED SOLELY FOR THE PURPOSE OF HANDING DOWN APPEAL JUDGMENT

June 4, 2020 · by gexall · in Appeals, Coronavirus

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…

MORE CORONAVIRUS LAW:  HEALTH PROTECTION REGULATIONS BAN ON RELIGIOUS GATHERING NOT REMOVED BY INJUNCTION

MORE CORONAVIRUS LAW: HEALTH PROTECTION REGULATIONS BAN ON RELIGIOUS GATHERING NOT REMOVED BY INJUNCTION

June 3, 2020 · by gexall · in Coronavirus, Injunctions

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

MORE CORONAVIRUS LAW: ORDER TO RESTRAIN WINDING UP PETITION: WHERE THERE’S A BILL THERE IS A WAY

June 2, 2020 · by gexall · in Applications, Coronavirus

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…

AMENDED LISTING PRIORITIES IN THE COUNTY COURT

AMENDED LISTING PRIORITIES IN THE COUNTY COURT

May 22, 2020 · by gexall · in Civil Procedure, Coronavirus

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…

COVID REPEATS 23: A CHEERFUL POST FOR THE WEEKEND: THE GOOD STUFF ABOUT BEING A LITIGATOR - FROM NICE LAWYERS

COVID REPEATS 23: A CHEERFUL POST FOR THE WEEKEND: THE GOOD STUFF ABOUT BEING A LITIGATOR – FROM NICE LAWYERS

May 15, 2020 · by gexall · in Civil evidence, Civil Procedure, Well being

I thought it would be a good idea to end the week on a positive note.  Here we are looking at contributions from lawyers on Twitter about the positive side of being a lawyer. THE QUEST I set the challenge…

CHALLENGES TO THE VALIDITY OF PRACTICE DIRECTION MADE AS A RESPONSE TO CORONAVIRUS:  THIS IS A PILOT SCHEME

CHALLENGES TO THE VALIDITY OF PRACTICE DIRECTION MADE AS A RESPONSE TO CORONAVIRUS: THIS IS A PILOT SCHEME

May 12, 2020 · by gexall · in Appeals, Civil evidence, Coronavirus

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…

MORE ON REMOTE HEARINGS: THE DANGERS OF INJUSTICE: COURT OF APPEAL DECISION (IT MAY BE DIFFICULT TO DO JUSTICE OVER THE TELEPHONE IN THE COURSE OF A OVER-BUSY LIST)

MORE ON REMOTE HEARINGS: THE DANGERS OF INJUSTICE: COURT OF APPEAL DECISION (IT MAY BE DIFFICULT TO DO JUSTICE OVER THE TELEPHONE IN THE COURSE OF A OVER-BUSY LIST)

April 30, 2020 · by gexall · in Coronavirus, Remote hearings

In  B (Children)(Remote Hearing: Interim Care Order) [2020] EWCA Civ 584 the Court of Appeal set out some of the dangers of remote hearings and the need to take considerable care when important decisions are being made. It is also…

THE (NOT SO) LONELY LITIGATOR'S CLUB 15: TIM PHIPPS: A SHORT TRIP ACROSS THE HUMBER

THE (NOT SO) LONELY LITIGATOR’S CLUB 15: TIM PHIPPS: A SHORT TRIP ACROSS THE HUMBER

April 29, 2020 · by gexall · in Coronavirus, Well being

In our attempt to gain members from a wide geographical area we move away from the major cities and taking a trip over the Humber Bridge.  However, once over the bridge, we are not going very far.  The first turning…

LITIGATION, CASHFLOW & COVID 1: DETAILED ASSESSMENTS CAN STILL GO ON (& HERE'S HOW...)

LITIGATION, CASHFLOW & COVID 1: DETAILED ASSESSMENTS CAN STILL GO ON (& HERE’S HOW…)

April 28, 2020 · by gexall · in Coronavirus, Costs, Useful links

In the first in a series of litigation and cashflow during the COVID crisis I am recommending that you read a post by my colleague Kevin Latham – How to Make Remote Detailed Assessments Work. LATHAM’S LAWS Kevin sets out…

COVID REPEATS 7: WHAT THEY DON'T TEACH YOU AT LAW SCHOOL V: WEAR SUNSCREEN & HAVE A PLAN

COVID REPEATS 7: WHAT THEY DON’T TEACH YOU AT LAW SCHOOL V: WEAR SUNSCREEN & HAVE A PLAN

April 28, 2020 · by gexall · in Avoiding negligence claims, Well being

Here I am repeating advice given by a former chairman of the Bar in Kuala Lumpur.  Many of the challenges and difficulties that (at some time) you may think are specific to you, are in fact universal issues that lawyers…

COVID-19 NOT A GOOD REASON TO RESTRAIN PRESENTATION OF WINDING UP PETITIONS (ON THE FACTS OF THIS CASE)

COVID-19 NOT A GOOD REASON TO RESTRAIN PRESENTATION OF WINDING UP PETITIONS (ON THE FACTS OF THIS CASE)

April 27, 2020 · by gexall · in Applications, Coronavirus

In Shorts Gardens LLB v London Borough of Camden Council [2020] EWHC 1001 (Ch) Mr Justice Snowden did not accept that COVID-19 and prospective legislation by the government in relation to insolvency was a good reason to restrain winding up…

THE (NOT SO) LONELY LITIGATOR’S CLUB 14 : ANONYMOUS DISTRICT JUDGE (2): EXERCISING A “RIGHT OF REPLY”

April 27, 2020 · by gexall · in Applications, Civil Procedure, Coronavirus, Well being

Our 14th club member is also anonymous.  A second District Judge provides some insight into the difficulties of continuing to work throughout the problems caused by COVID-19. Where are you working from now?   Home. A market town 60 miles…

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