• Anonymous#CommentAvatarLabel Commented on: 2017-07-20T13:23:51.933

    There should be sanctions against counsel and their chambers for what is tantamount to 'flipping' a brief. Such conduct is against current practice in Victoria Australia), where, for instance, counsel accepts a brief for a matter that will more likely go to trial in a senior court, and returning a brief for which there is, for example, a prospect of a guilty plea in a lower court, so that they can earn a higher fee. In said jurisdiction, instructing solicitors would be disinclined to instruct offending counsel or their chambers where such practice occurs. In England and Wales, double-booking should be a definite 'no-no'. Although counsel are self-employed and their income depends on being instructed, the BSB does issue a health warning about a career at the Bar (in which case, in my submission, the profession should be salaried and the two branches merged; though this would detract from the main point herein, namely, flipping briefs). Indeed, as for etymology, perhaps it would be more appropriate to call the practice 'flipping' rather than double-booking. It should not only be regarded as unethical, but a matter of professional misconduct and discipline. Instructing solicitors should in the meantime be wise to this and decide not to instruct said counsel again. It is also a massive inconvenience to clients and witnesses, many of whom are distressed, may be intimidated by the 'majesty' of the law and the courts, and would have incurred great expense (actually or relatively) in attending court. This practice must be stopped, and Judge should impose a Wasted Costs Order against counsel for which he/she would be personally liable to pay.

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  • Paul Carroll#CommentAvatarLabel Commented on: 2017-07-17T12:35:13.940

    It seems to me that the issue is not the comments by the judge but the fact that we all can think of instances where judges have used the same excuses.

    Lets give the judge the benefit of the doubt until we know what sanctions are handed out and when... and then hold the court to the same standards.

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  • Anonymous#CommentAvatarLabel Commented on: 2017-07-16T17:43:43.863

    This judge was once a practising barrister. Can she honestly say that in her time at the bar she was never double-booked?

    Thought not.

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  • James Bowers#CommentAvatarLabel Commented on: 2017-07-16T16:08:24.523

    I too support the judges comments - the courts do not exist for the convenience of counsel

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  • Anonymous#CommentAvatarLabel Commented on: 2017-07-16T13:26:04.597

    Having practiced for many years in the family courts at Liverpool I can sympathise with the comments of Judge De Haas. I have had cases where I have been ready to start at 10-10.30 yet counsel for the opposition is in a different court entirely, so my poor client either has to pay my full hourly rate for hanging around (no negotiations even) all morning or I take a hit on my fees. Either way, it is unprofessional for counsel to accept instructions where there is a clash and I for one support the judge's comments.

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  • Job Five#CommentAvatarLabel Commented on: 2017-07-14T21:48:37.030

    Im surprised no one has made the obvious point: will Her Honour ensure the court no longer does the *exact* same thing by block listing and causing us to waste our time waiting around, racking up the client's fees??

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  • Anonymous#CommentAvatarLabel Commented on: 2017-07-14T19:38:08.503

    Ah yes, it reminds me of a complex High Court prof neg case that went part heard because the judge, as he coolly told us, had rented a house at Sandwich for the following week, in order to watch the Open, and so he couldn't sit. Sauce, goose and gander come to mind!

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  • Anonymous#CommentAvatarLabel Commented on: 2017-07-14T17:48:58.543

    That's all well and good, but if the Court lists on a date when Counsel on the case has been booked on an earlier matter and the Court is asked to vacate and relist to ensure continuity of Counsel with the obvious benefits, Judges will usually refuse on the grounds that any Counsel can pick up the papers and run the case! And whilst in family cases such a request can be made by letter, in civil cases judges will usually insist that an application is made with the fee being paid before they consider ( and then reject) the application!

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  • Paul Carroll#CommentAvatarLabel Commented on: 2017-07-14T15:13:13.700

    Hold on here.

    Whilst I understand the frustrations at court issues with listing, and I agree that there should be some options for reporting judicial delays as what is good for the goose is good for the gander, all this judge has stated is that there would be 'potential' sanctions.

    I'm, sure we can all think of occasions when sanctions would have been appropriate. The question will be what sanctions are used and when

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  • Anonymous#CommentAvatarLabel Commented on: 2017-07-14T14:34:56.307

    I can assure your earlier commentors that the lack of a judge is nothing to do with the Judiciary . Some courts leave it too late to book Deputies in the hope that cases will settle. Birmingham is particularly bad.

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  • Ian Owen#CommentAvatarLabel Commented on: 2017-07-14T14:19:49.810

    High handed and imperious ignorance of commercial realities on the ground.

    As previous posts have mentioned, the position in the criminal arena is increasingly one of hostility from HMCTS towards practitioners, with the illogical Magistrates' Courts' policy of multi-listing trials invariable causing unwelcome delays to witnesses and defendants alike.



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  • Anonymous#CommentAvatarLabel Commented on: 2017-07-14T14:02:27.370

    Really Your Honour?

    Perhaps you might first sort out the problems in the judiciary to prevent situations like my First Appointment Hearing listed in Birmingham on Monday being cancelled yesterday due to a 'lack of judicial availability'.

    Your Honour might perhaps also consider how the lack of a judge impacts on parties who have been waiting several months to get a hearing date and their lawyers who have (sometimes) produced the necessary documents in readiness for the hearing.

    Hypocrisy!!

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  • Anonymous#CommentAvatarLabel Commented on: 2017-07-14T13:55:15.960

    It's about time the judges joined the real world. No increase in legal aid fees since 1997. On the contrary we have had a cut. Staff and office costs have increased significantly over that period and the parties wonder why we have to try and maximise our costs by attending more than one hearing in a day.

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  • Anonymous#CommentAvatarLabel Commented on: 2017-07-14T13:54:23.667

    Nice opening ground of appeal for the disenfranchised litigant. Great, let's visit a miscarriage of justice on the vulnerable and waste a load of costs i to the bargain. These guys just haven't the nouse to think it through.

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  • Claire Hodgson#CommentAvatarLabel Commented on: 2017-07-14T13:42:41.430

    it's not as if one can generally know in advance that you are going to end up with two hearings in different courts at the same time on the same day.....
    No doubt the judges would say, well send someone else, but that's often not a good plan at all (in client's interests). and the more so in family cases (but any case really, if a person doesn't know the case, then it's unlikely a hearing will go well for their client....)

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  • Anonymous#CommentAvatarLabel Commented on: 2017-07-14T12:27:24.373

    Try coming to the criminal courts if you want joke listings. Court rooms quadruple booked for trials meaning some private paying clients are on their third trial listing.

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  • Anonymous#CommentAvatarLabel Commented on: 2017-07-14T10:56:55.900

    Oh, alright for the Court to postpone my Trial that had been in the list for over 6 months the day before due to over-listing and no Judge being available though? I find the way the Judiciary look down their noses at us on the coalface given their own shortcomings quite ridiculous really.

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  • Anonymous#CommentAvatarLabel Commented on: 2017-07-14T08:37:32.417

    Or when at the last minute a trial is transferred umpteen miles away because the court has double-booked trials or is operating a trial list and they actually have to hear them?

    It pains me to criticise the court because I am an officer of the court and the court service is badly funded so always running poorly.

    But then, judges that have risen to the bench from chambers do tend to love to put the boot into solicitors. And when I reflect on that statement, I wonder how it can be that having done this for so long that I have lost respect for judges. Sad.

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  • Marshall Hall#CommentAvatarLabel Commented on: 2017-07-14T08:22:44.843


    Judicial hissy-fit.

    Does this mean that when Judges allow cases to over-run and the following cases gets delayed, the Judge will be reported to the JSB for sanction...?

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