Procedure

Video hearings pilot: Technical flaws but some positive signs

Susan Acland-Hood

An independent evaluation of an online video hearing pilot run by HM Courts and Tribunal Service has found it was beset by technical failures, ended up much smaller than envisaged, and that the participants could be “self-selecting”.

September 18th, 2018

No-deal Brexit will cause uncertainty for cross-border litigants, says MoJ

Brexit Direction Sign

The government has outlined the uncertainty that a no-deal Brexit would cause in civil cases that involve EU countries. Ministry of Justice guidance, issued today, said it would seek to provide legal certainty but could not guarantee how EU courts would respond.

September 13th, 2018

Win for open justice as tax tribunal allows non-party access to HMRC pleadings

KPMG

The First-tier Tribunal has “inherent jurisdiction” to give non-parties access to documents, its tax chamber has ruled in allowing KPMG to see documents from another case involving HM Revenue & Customs.

September 12th, 2018

Three-quarters of new deputy High Court judges went to Oxbridge

Francis Fitpatrick QC

Three-quarters of new deputy High Court judges, announced yesterday, are Oxbridge graduates, it has emerged. Some 24 of the new cohort of 32 attended the two elite universities, with a further three educated at leading London universities. Nine of the 32 are women, and just one a person of colour.

September 5th, 2018

Court of Appeal: Judge wrong to jail unrepresented woman for contempt

Lord Justice Bean

A judge was wrong to jail an unrepresented woman for contempt of court without giving her more time to find a lawyer, the Court of Appeal has ruled. It was “unrealistic” to expect the woman to be able to find a lawyer within one and a half days while in prison.

August 30th, 2018

Go easy on praising advocates in your rulings, judges told

Lord Carloway

The head of Scotland’s judiciary has cautioned judges to be “circumspect” when praising the advocates before them for fear of giving the impression of bias, particularly where litigants in person are involved.

August 28th, 2018

Bar Council: New open justice rule could disadvantage litigants in person

Ministry of Justice sign

A new rule putting the parties under an explicit obligation to disclose to the other side communications with the court could disadvantage litigants in person (LiPs), the Bar Council has warned.

August 24th, 2018

High Court: No duty on solicitors to alert other side to errors

Business on a laptop

Litigation solicitors are not under a duty to alert their opponents to errors which they have not caused, the High Court has ruled. The judge said failing to draw attention to mistakes did not amount to “technical game playing”.

August 23rd, 2018

Expert who sent first draft of evidence to solicitors “not a hired gun”

Asbestos Thermal Pipe Insulation

It was “a serious transgression” for an expert witness to make changes to his evidence after sending a first draft to his client’s solicitors, the High Court has ruled. However, it rejected the other side’s contention that the expert had come across as a “hired gun”.

August 16th, 2018

High Court dismisses first test case in second wave of Mau Mau claims

RCJ portrait

The High Court has dismissed the first test case brought as part of a second wave of Mau Mau group litigation, following the British government’s settlement of over 5,000 claims for £19.9m in 2013. It said the government’s ability to defend itself had been “severely compromised” by the time taken by the claimant.

August 10th, 2018

Blog

The impact of technology on PI law

Andrew Clark Fletchers

New technology is rapidly changing the world around us, permanently revolutionising our everyday lives. It is also changing the legal landscape, with law practitioners required to keep abreast of every new development to best help their clients. From helmet and dash cameras to improved CCTV, this is particularly evident in personal injury law.

September 14th, 2018

Featured Associate

Temple Legal Protection

Visit website

Featured Associate

Augusta Ventures

Visit website