Procedure


Gold

High Court rejects “increasingly bizarre” claims against barrister arbitrator

The High Court has rejected as “totally without merit” a set of claims against a barrister arbitrator, including a claim in bailment for gold bullion. It said the allegations made by a litigant in person had become “increasingly bizarre”.

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Courthouse

Judge who disparaged one party’s counsel “did not give appearance of bias”

A judge who was “snide” and disparaging to counsel for one of the parties before her did nonetheless not give the appearance of bias, the High Court has ruled. It said the conduct of the circuit judge was prompted by the “state of considerable disarray” that the claimant’s case was in.

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post box

Late appeal refused after solicitors’ administrative errors

A tribunal has refused to allow a party to appeal out of time after mistakes by its solicitors meant the deadline was missed. It said a firm of solicitors has “a much higher threshold” to surmount before this kind of lapse and oversight could be a sufficiently good explanation for any delay.

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David Pipkin 2

Mediation for clinical negligence claims – an ATE underwriter’s perspective

In reading the legal press over the last year or so, mediation for clinical negligence claims has featured regularly and there seems to be a momentum from both sides – perhaps more so from NHS Resolution – to promote it as part of the mainstream menu offered by litigators. Below is an in-depth look at these developments, viewpoints and some preconceptions on what is undoubtedly a topical subject.

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Lord Sumption

Sumption calls for larger Supreme Court panels

The Supreme Court should sit in larger panels more often, Lord Sumption has suggested, although he recognised that it could lead to fewer appeals being allowed. He also urged counsel not to allow their commitment to their client “to spill over” into how they treat their opposing advocate.

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seeding

MIB ordered to pay out for injury suffered on private land

The Motor Insurers Bureau has to pay compensation to a man injured by an uninsured vehicle, even though it was on private land, the High Court has ruled. The MIB had argued that the Uninsured Drivers Agreement 1999 only applied to injuries caused by a vehicle on a road or other public place.

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Clare Elliott

Shorter and flexible trial schemes made permanent

The shorter trials scheme and flexible trials scheme became permanent this week, after three years of piloting. The 100th update to the Civil Procedure Rules, which came into force on 1 October, also formally confirmed that the disclosure pilot would start on 1 January 2019.

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Philip Young CYK

High Court issues ground-breaking ‘persons unknown’ injunction in fraud case

The Commercial Court has issued what is believed to be the first worldwide freezing order over the assets of ‘persons unknown’ who committed a large-scale, international financial fraud via the internet.

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