All Civil justice articles – Page 64
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NewsBuffer rule to relieve Mitchell pressure on courts
Rule change to alleviate pressure on civil courts from applications for extensions to file documents.
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OpinionWhy the law on psychiatric harm must change
The law on claims for psychiatric injury is outdated, arbitrary and harsh.
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NewsCall for overhaul of exceptional funding scheme
Ministry of Justice figures reveal only 3% of the 1,151 applications for funding were granted.
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NewsClaimant’s attempt to cite Mitchell ‘manifest nonsense’
Attempt to persuade judge to apply sanctions was ‘misguided opportunism’.
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FeatureProportionality and legal costs
A number of obstacles arise when attempting to assess if costs in civil litigation are proportionate.
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Opinion
Woolf at the door
Unless a firm is niche or is well adapted to prosper in the new environment, there can be only one message – get out.
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FeatureCivil procedure: CPR 6.9
A recent case offers a reminder of the need to carefully consider the rules on service of the claim form.
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NewsCuts require fundamental rethink, says lord chief
Lord Thomas says consideration should be given to an inquisitorial system in civil and family cases.
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OpinionHave your say on Jackson
Don’t just moan about it; tell the CJC where the reforms aren’t working.
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NewsPre-nups should be legally binding, says Law Commission
Draft bill would give qualifying agreements legal force, so long as safeguards are met.
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NewsGovernment opts in to expanded EU small claims track
Limit will rise to €10,000 under European Commission proposals.
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NewsBudgeting limit to increase to £10m
Master of the rolls has recommended a new £10m threshold despite strong opposition from Commercial Court judges.
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Opinion
System not fit for purpose
Whatever Jackson learned about with his Singapore experiment, I am afraid it had nothing to do with justice.
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News
Improve existing EU co-operation, says review
The legal sector wants the EU to focus on improving and simplifying existing civil justice co-operation rather than introducing new measures, according to a ‘balance of competences’ review of the sector published by the government.
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OpinionBorder counsel
How to decide between a pro- or anti-European approach at the forthcoming elections.
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OpinionBudgeting: what will the new limit be?
What level will the new exemption for costs budgeting in the Commercial Court be set at?
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NewsCJC reviews Jackson reforms
Evidence will be gathered and used in a conference next month to consider the impact of the reforms, which came into force last year.
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News
Litigation funders face new complaints regime
Third-party funders could be publicly expelled from the body that regulates them under a new complaints procedure.
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NewsChristie lawyers slow off the blocks
Filing a costs budget even just a day late does not count as a ‘trivial’ breach of rules, county court rules in Linford Christie case.
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OpinionWelcome common sense over wills errors
The sensible approach to mistakes in wills is at odds with the harsh line on procedural errors.