All Civil justice articles – Page 64
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NewsPI lawyers may turn to arbitration post-Mitchell
Arbitration might be attractive in cases such as catastrophic injury, where lawyers are concerned about courts refusing to admit evidence due to missed timetables.
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NewsNew setback for access to courts as fees increase
Law Society says changes will deter individuals from seeking legal remedy for their problems.
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FeatureCivil legal aid: access denied
A year on, have the legal profession’s doom-laden predictions about the impact of deep civil legal aid cuts been realised?
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OpinionPolice claims: ‘insurmountable’ costs barrier
How the Jackson reforms have inhibited police claims.
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NewsGive verdict on Jackson in five years, says Ramsey
Judge tasked with implementing the reforms says ‘we are not seeing a disaster, as there could have been’.
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NewsHit and myth
Might the far-reaching reforms of civil justice in fact be just like the Eleusinian mysteries?
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FeatureJackson reforms: shock therapy
The bulk of Lord Justice Jackson’s civil litigation reforms are a year old. Senior practitioners talk about their impact so far.
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NewsCoA orders defendant to pay interest on disbursements
Agreement between Cardiff-based Hugh James and industrial disease claimants proper and binding.
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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The law on claims for psychiatric injury is outdated, arbitrary and harsh.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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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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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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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.