A claimant found to have brought a bogus personal injury claim – but then cleared of fraud in the Crown Court – can only face civil contempt proceedings if there is new evidence, the High Court has ruled. The judge instead urged the Civil Procedure Rule Committee to consider creating a fast-track procedure.
The “typical claimant” in a civil court case is male, self-employed, Asian, healthy and aged over 45, a major survey for the Ministry of Justice has found. Many found court fees “more than expected”.
Companies can be represented in court by McKenzie Friends, under rights of audience granted in exceptional circumstances, the High Court has decided. Mr Justice Hildyard said “no authority has been found” on the issue.
There are many senior judicial appointments to be made in the next five years – including nine members of the Supreme Court – and a “substantial number” of these are likely to be women, Sir Brian Leveson has predicted. He also described as a “fallacy” the notion that the judiciary can only reflect the make-up of the legal profession from which it is drawn.
The Department of Health is planning a “rushed” pre-Christmas consultation on fixed fees, medical negligence lawyers have warned. The Society of Clinical Injury Lawyers is considering whether to mount a legal challenge.
The Ministry of Justice today put the onus on technology in delivering court and tribunal services as it unveiled plans to close 91 courts and tribunals across England and Wales, and merge a further 31. HMCTS currently operates 460 courts and tribunal hearing centres
The Ministry of Justice has “escalated dramatically” the timetable for introducing a new transcription service and said it wants new contracts to be in place by January 2016, it has emerged. A range of problems has been reported to the Civil Procedure Rule Committee.
The bundle prepared for the Court of Appeal should be an aid, “not an obstacle course”, Lord Justice Jackson has said in ruling that no party in a case before him would be entitled to recover the costs of preparing it. He also provided guidance on the approach to the TCC protocol.