INTRODUCING THE NEW CIVIL LITIGATION BRIEF “TOOLBOX” SERIES : WHERE’S THE BEST PLACE TO FIND WHAT YOU WANT
One of the purposes of this site is as a working “toolbox” for practitioners. To provide a useful and readily accessible source of information when particular issues arise. For that reason something new is starting on this site in the…
CHIEF CORONER’S GUIDANCE FOR CORONERS ON THE BENCH: A USEFUL SOURCE OF INFORMATION FOR ALL THOSE INVOLVED IN INQUESTS
Today has been a day for sending out useful links. Here we have a useful link for all those who are involved in inquests. A link to the Chief Coroner’s Guidance for Coroners on the Bench which was revised earlier…
PREPARING BUNDLES: A FREE ONLINE TOOL THAT MAY WELL HELP: INTRODUCING “BUNTOOL”
The last few weeks have seen a number of cases where judges have been critical (if not despairing) at the quality of the the bundles used at trials and applications. My attention has been drawn to “BunTool” a free online…
HMCTS GUIDANCE ON HOW TO ISSUE AND MANAGE A MONEY CLAIM ONLINE: GUIDE FOR LEGAL PROFESSIONALS
HM Courts and Tribunal Services have published two documents to help legal professionals issue and manage an online money claim. THE DOCUMENTS 1. Issue and online money claim as a legal professional 2. Manage and online money claim as…
ADVOCACY – THE JUDGE’S VIEW XIII: GUIDANCE ON SKELETON ARGUMENTS: “PUT YOURSELF IN THE POSITION OF THE JUDGE”: “DIFFICULT TO READ, DISGUSTING TO TOUCH AND IMPOSSIBLE TO UNDERSTAND. IT IS WORSE THAN NO SKELETON AT ALL”
This post is another in the series of repeats of the series on advocacy. This blog has many posts that record cases where judges have been critical of the contents (and usually length) of skeleton arguments. A remedy for most…
THE ADMINISTRATIVE COURT JUDICIAL REVIEW COURT 2024: TIME LIMITS AND PROCEDURAL RIGOUR
The latest Administrative Court Judicial Review Guide is now available and can be found here. It is dated October 2014 but was published yesterday – well ahead of time. I am simply highlighting two aspects of the Guide. “…
THE CORONERS’ COURT, COMPETENCES, FUNDING AND HELP WITH DEALING WITH THE BEREAVED CLIENT: USEFUL LINKS
Today I have presented a webinar on the coroners’ courts. The webinar has a particular emphasis on helping the client through the process, and the “competences” set out in the joint documents between the SRA, CILEx and the Bar Standards…
COSTS BUDGETING: ESSENTIAL GUIDANCE FROM COSTS JUDGE BROWN
Costs Judge Simon Brown has produced a Note to assist in the case management and costs budgeting process in Kings Bench Division involving high value personal injury claim. The purpose of the Note is to “provide a neutral approach to…
A SHOUT OUT FOR THE TECHNICAL CREW: BIG YELLOW WORKSHOP
A week or so ago this blog disappeared. Well the blog was still here but every word of content had gone. The technical problem that caused this was solved within hours by my friends at the Big Yellow Workshop. What…
FLOODING AND THE LAW: USEFUL LINKS AND GENERAL GUIDANCE
Simply judging by the state of the rivers, and some of the roads, around me issues relating to flooding are back. This is a useful time to repeat the guide to flooding issues that I have printed several times before….
TODAY’S THE DAY: KEY POSTS AND ARTICLES ON FIXED COSTS
I suspect that this blog will be writing about fixed costs for some time to come. To mark (I won’t say “celebrate”) the start of the new regime I have done a round up previous posts, useful lectures and webinars…
ADMINISTRATIVE COURT JUDICIAL REVIEW GUIDE 2023: NOW AVAILABLE
The latest Administrative Court Judicial Review Guide is available on the link here. It may well be ahead of time (it is dated October 2023). THE CONTENTS It includes guidance on: litigants in person civil restraint orders starting a claim…
A LICENCE TO THRILL: JAMES BOND, THE MOVIES AND THE COURTS: LEGAL TALES THAT WON’T SCARE THE LIVING DAYLIGHTS OUT OF YOU
This morning I am encouraging you to read ‘James Bond and the Law’ : A talk to the Manchester Business and Property Courts Forum [2023] UKSpeech 7REH2, given by Mr Justice Foxton. A look through at the James Bond franchise…
NEW EDITION OF THE SENIOR COURT COSTS OFFICE GUIDE (2023)
The latest edition of the Senior Court Costs Office Guide is now available here. As ever the Guide contains a detailed and comprehensive guide to all the procedural (and some substantive) issues THE INTRODUCTION “The Senior Courts Costs Office (SCCO)…
THE KING’S BENCH DIVISION GUIDE: THE NEW BITS (2): NAVIGATING THE PDF (OR NOT QUITE PRACTISING WHAT IS BEING PREACHED…))
One interesting thing about the new King’s Bench Division Guide is the anomaly that the page numbers it refers to in the index are not the page numbers on the PDF copy. Basically you have to add 12 to the…
THE EXTENSION OF FIXED COSTS: USEFUL LINKS AND GUIDES
The extension of fixed costs is a major topic. I will write about the practical implications when we are nearer to the implementation date. In the interim there are some useful links and guides. THE RULES The new rules…
UPDATED VERSION OF THE DENTON RESOURCE: “A BUMPER CROP OF PROCEDURAL ERRORS”
The Sanctions Case Watch section of this blog has, for many years, included a link to the Denton Resource. A new edition of the Resource was published on the 7th February 2023 and it can be found here. THE DENTON…
REPEAT SERIES OF WHAT THEY DON’T TEACH YOU AT LAW SCHOOL II: “80% OF VALUE COMES FROM 20% OF ACTIVITIES”
This “repeat” looks at the second in the series “What they don’t teach you at School”, it based on one article by Susan Carter Liebel 9 Things I wish they’d taught me at Law School. “9 THINGS I (REALLY,…
WHAT THEY DON’T TEACH YOU IN LAW SCHOOL: A REPRISE : EARLY MORNING STARTS AND LEGAL CHEEK STARTED A SERIES
Back in the dim and distant days of 2017 I wrote a series “What they don’t teach you at law school”. The series also got a lot of input from other lawyers. This seems a good time to reprise the…
UPDATE ON USEFUL LINKS ON STRESS, LAWYERS AND LAW: TIPS FOR A LESS STRESSFUL LIFE AND PRACTICE
Periodically I reproduce and update available guidance on stress for lawyers. Here are useful links to posts about preventing, and dealing with, stress as a lawyer and litigator. HELPFUL LINKS Ulaw blog considers research that looked at thousands of lawyers in…
NEW UPDATE TO REVIEW OF DENTON CASES: 1st MARCH 2022
Dr Rachel Segal of St John’s Chambers periodically updates a guide to cases relating to Denton and relief from sanctions. The latest edition was published on 1st March 2022 and is available here. There are around 50 new cases…
FEE REMISSION: USEFUL LINKS AND GUIDANCE
The recent decision in Gibbs -v- King’s College NHS Foundation Trust (11/11/2021) highlights the need to keep issues of fee remission at the forefront of consideration, particularly when issuing proceedings. There is no guarantee at all that a party will recover…
HELPING THE BEREAVED CLIENT: USEFUL LINKS AND GUIDANCE 2021
On Friday Hilary Wetherell and I spent the day giving the APIL course on Fatal Accidents remotely (the course is still available on demand). The course deals a lot with the law and procedural aspects of fatal accidents. However it also…
THINGS THAT LAWYERS DO TO ANNOY JUDGES: SCOWL AND POUT… & ROLL YOUR EYES
For the past two weeks we have been looking at some of the judgments of Canadian judge Mr Justice Joseph W. Quinn. To complete the series we will look again at the guidance he gave to the Ontario Bar Association in…
CIVIL PROCEDURE AND COSTS ROUND UP: FEBRUARY 2021
A round up of posts and articles about civil procedure and costs in February 2021. THE CIVIL PROCEDURE RULES The Law Society Gazette Litigants baffled as Civil Procedure Rules move to new site Litigation Futures Minister promises urgent review of…
UPDATED DENTON RESOURCE: AVAILABLE ONLINE NOW
The Sanctions Case Watch section of this blog does its best to keep up to date with cases relating to relief from sanctions. It does this in chronological order. There is always a link in that section to the useful…
THE QUEEN’S BENCH GUIDE: 2021 EDITION : OUT TODAY – READ IT WHILE IT’S FRESH…
Hot on the heels of the new Senior Costs Office Guide today there is a new edition of the Queen’s Bench Guide. THE GUIDE The guide is available here THE PREFACE The President of the Queen’s Bench Division, Dame Victoria…
LAW AND FLOODING: USEFUL GUIDES TO THE LAW AND PRACTICAL LINKS (2021)
Anyone who lives around York is aware of the ever-present risk of flooding. Recent events mean that this is a good time to update the post giving links to assistance in relation to floods. I have added some new links…
CORONAVIRUS LAW: ROUND UP – NOVEMBER 2020
A look at blogs and articles about coronavirus, law and lawyers from November 2020. CORONAVIRUS LAW Gov.uk – Coronavirus Act report: November 2020 COURTS Herbert Smith Freehills – LORD CHIEF JUSTICE’S REPORT 2020: COURTS IN STRONG POSITION DESPITE PANDEMIC RPC – To MAE…
BULLYING AT WORK: ADVICE FROM THE PROFESSION AND USEFUL LINKS: “NO ONE IS IMMUNE AND NO ONE KNOWS HOW MUCH IT WILL AFFECT THEM UNTIL IT HAPPENS”
This week is Anti-Bullying week. For this, and other, reasons it is a good time to repeat advice about dealing with bullying at work, in the legal profession in particular. Firstly useful observations from the lawyers on Twitter, secondly reviews…
SWIFT -v- CARPENTER: USEFUL LINKS AND GUIDANCE ON THE CASE AND HOW THE DECISION IS LIKELY TO WORK OUT IN PRACTICE
Following on from the previous posts about this case here is a set of useful links to commentary about the Carpenter decision. The Association of Personal Injury Lawyers is also presenting a webinar on this issue on the 22nd…
20 PIECES OF ADVICE FOR THE YOUNG LAWYER (& THE REST OF US): WITH A LITTLE HELP FROM MY FRIENDS
This week I have been concentrating on advice given by judges to lawyers. We are now moving on to advice given by lawyers for lawyers. I have selected twenty from dozens (possibly hundreds) of tweets given when I asked on…
TEN MORE PIECES OF ADVICE FOR THE YOUNG LAWYER: “INCIVILITY IS COUNTERPRODUCTIVE”: “BE BRIEF”; “DON’T CRUMBLE”
I am using this week to look back a previous series where guidance was given, primarily by judges, to young advocates. There are links here to the original posts, and sources for the posts. Here we look at the second…
WHAT THEY DIDN’T TEACH YOU AT LAW SCHOOL: 10 KEY POSTS FOR THOSE JUST STARTING OFF (AND THE REST OF US TO BE HONEST)
The transition from learning to practice is not an easy one. It is even more difficult for litigators starting their careers now – with training contracts and pupillage being delayed because of COVID problems. Even if training has started much…
ONLINE COURTS DURING THE PANDEMIC: RESEARCH AND QUESTIONS: LESSONS FROM TEXAS
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…
GOT TO DRAFT A DEFENCE? SOME HELPFUL GUIDANCE FROM OUR CANADIAN COUSINS
There is relatively little guidance given on the process involved in drafting a defence. There is some useful help given the the Law Society of Ontario Practice Area Resource “How to Prepare a Statement of Defence”. Some of this…
GUIDANCE ON GIVING REMOTE EVIDENCE: ESSENTIAL READING FROM THE ACADEMY OF EXPERTS
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
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…
CIVIL PROCEDURE (CORONAVIRUS): BLOG AND ARTICLES ROUND UP – JULY 2020
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…
CIVIL PROCEDURE (NOT-CORONAVIRUS): BLOG AND ARTICLES ROUND UP – JULY 2020
A round up of interesting posts and articles about civil procedure and costs from July 2020. Costs ACL – Gordon-Saker: Video and phone hearings will continue at SCCO after coronavirus Courts Litigation Futures – “Tsunami of post-Covid litigation” could overwhelm courts Remote…
REMOTE HEARINGS IN FAMILY CASES: A STUDY WORTH READING (BUT PERHAPS NOT ON THE SCREEN…)
In a remarkably quick amount of time the Nuffield Family Justice Observatory has produced a “rapid consultation” Remote hearings in the family justice system. It is available on a link here. The report is worth reading in full. One point…
ARTICLE IN THE BARRISTER MAGAZINE: “THE BAR IN A TIME OF CRISIS: A RESPONSE WE CAN BE PROUD OF”
I have written an article in The Barrister magazine available here. It deals with the many remarkable responses individual chambers made to the COVID-19 crisis, providing a wealth of online material and resources WHY I HESITATED I explain the…
CIVIL PROCEDURE (NOT-CORONAVIRUS): BLOG AND ARTICLES ROUND UP – APRIL 2020
There is still plenty of non-covid work going on as evidenced by these links to posts and articles in April. Costs Costs Barrister Non party costs orders considered Costs Barrister Principle and non party costs orders Costs Barrister Non party costs orders…
CIVIL PROCEDURE (CORONAVIRUS): BLOG AND ARTICLES ROUND UP – APRIL 2020
We may not have been getting out much this month but there has been plenty of material on civil procedure, the courts and coronavirus. Courts Herbert Smith Freehills Courts relax rules on agreeing extensions to procedural deadlines in light of COVID-19…
COVID REPEATS 5: WHAT THEY DON’T TEACH YOU AT LAW SCHOOL 3: SURVIVE AND THRIVE
Here I am repeating really good, well thought out guidance from the Young Lawyers Group of the Law Society of South Wales. Quite honestly this is the type of guidance that every lawyer starting their career should be given. There…
COVID REPEATS 4: WHAT THEY DON’T TEACH YOU AT LAW SCHOOL 2
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…
Covid-19 and the immigration tribunals: a working guide for representatives
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…
CORONAVIRUS AND SOCIAL CARE: ESSENTIAL GUIDANCE FROM MY COLLEAGUES
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 POSTS ON CORONAVIRUS: CATALOGUED AND SORTED (IT HAS BEEN QUITE A MONTH…)
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…
KEEPING YOUR FIRM GOING IN THE CORONAVIRUS CRISIS (6) : THE POSTS SO FAR
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…
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