All Civil justice articles – Page 66
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News
Mitchell ‘too harsh’, says Underwood
Two lawyers grappling with the post-Jackson costs regime are seeking examples of courts taking a softer approach to non-compliance with orders.
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NewsFamily courts told to publish more judgments
Judgments will be available to the public and media, under guidance issued by the head of the Family Division.
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Opinion
Case management conundrum
Woolf aimed to transfer case management into the hands of the court – an ‘unless’ order is an inadequate remedy.
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Opinion
Claimant rights
I sympathise with the solicitors in Mitchell. But how will individual claimants suffer?
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FeatureCounting the costs of Mitchell
We consider whether the Mitchell costs decision is so draconian that it will drive practitioners out of civil litigation.
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NewsRestore legal aid for housing cases – commission
An independent report on the impact of LASPO stops short of calling for the restoration of all civil legal aid.
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OpinionRelief from sanctions – more tough action
A fresh judgment from the Court of Appeal shows the strength of its appetite to enforce compliance.
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NewsReview: chancery modernisation held back by IT
Lord Justice Briggs' final report says the Chancery Division is the worst served by computers of any court in the UK.
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NewsCivil aid reforms ‘will harm access to justice’
The parliamentary Joint Committee on Human Rights has published a report on the impact of proposed changes.
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OpinionLife after Mitchell
Where does the landmark costs judgment leave the profession? asks Rachel Rothwell.
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Opinion
Claimants will suffer
The real issues from Mitchell are whether the sanction was proportionate and whether it is right for the court to adjudge that justice in the individual case should take second place to compliance with the rules.
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FeatureUse of disclosed documents
This update looks at how a recent case raised the question whether courts should give permission for the use of disclosed documents in subsequent third-party proceedings.
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NewsSuspension ordered for ‘win at all costs’ Times solicitor
Solicitors Disciplinary Tribunal rules that Alastair Brett knowingly allowed a court to be misled.
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Law Report
Civil litigation: Mitchell costs
Civil litigation – Case management – Claimant failing to file costs budget within prescribed time period – Master imposing sanction by ordering claimant’s costs budget to be taken to be limited to court fees – Claimant applying for relief from sanctions – Master refusing to grant relief on ground new ...
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NewsGrayling feels the heat from committee
The justice secretary said he will not delay civil legal aid reforms to wait for the Joint Committee on Human Rights to report.
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FeatureVariation of budgets – part 2
The second part in this series examines the issues that can arise when court-approved budgets are no longer viable.
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FeatureExpert witnesses: pain and gain
The Gazette looks at the greatly altered landscape in which expert witnesses are now expected to operate.
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NewsGuideline hourly rates survey ‘important for all firms’
Decision on costs to be made next year by master of the rolls Lord Dyson.
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OpinionHow Jackson is affecting litigation so far
Lawyers say they have seen a ‘spike’ in settlements recently – most likely due to costs budgeting.