Monthly Archives: September 2014

“GRABBING THE CASE BY THE SCRUFF OF THE NECK”: CASE MANAGEMENT IN THE FAMILY DIVISION

For the second time in two days we are looking at a report from the Family Division, seeking inspiration for civil lawyers. The robust case management decisions by Holman J in Abuchian -v-Maksoud [2014] EWHC 3104(Fam)  are, in part, decisions in a civil case. It shows that clear directions can ensure that hearings, and trials, […]

WITNESS STATEMENTS IN FOREIGN LANGUAGES: THE APPROPRIATE PROCEDURE

If a witness cannot speak English and a witness statement is required what needs to be done? Some guidance can be found in the rules and in a recent case in the Family Division. GUIDANCE IN PRACTICE DIRECTION 32 23.2 Where the court has directed that a witness statement in a foreign language is to […]

TALK ON SANCTIONS AND HOW TO AVOID THEM: LEEDS 23rd OCTOBER 2014

I am taking part in the Costs and Litigation Funding Update organised by Clarion solicitors and K2 Legal Support in Leeds on the 23rd October 2014. I am  talking on “sanctions and how to avoid them” .Other speakers are dealing with costs budgets; ATE insurance after Jackson; tackling electronic data and costs and funding developments. […]

MAKING AN APPLICATION IN THE CHANCERY DIVISION AFTER THE 1ST OCTOBER 2014: NO BUNDLE NO HEARING

The Chancery Division has introduced strict new provisions which apply from 1st October 2014. No bundle no hearing. Here we look at the essential elements of the guidance and application bundles. THE PRACTICE NOTE The Practice Note states: “Old and New Claims from 1 October 2014 13. From 1 October 2014 a hearing bundle will […]

MORE ON CHILD CLAIMANTS AND THE RECOVERY OF SUCCESS FEES: AN EXTREMELY HELPFUL NOTE FROM THE CLAIMANT’S SOLICITORS

The post yesterday on children and success fees got a lot of attention. I am grateful to Daniel Higgins head of costs at Gavin Edmonson Solicitors Ltd who was involved in that appeal. His note (reproduced with his permission below) puts the case into context. THE NOTE FROM DANIEL “I was the person involved in […]

RULE CHANGES COMING INTO FORCE ON THE 1st OCTOBER 2014

A reminder that rule changes come into force on the 1st October with links to the relevant rules and useful articles and guidance. AN OUTLINE OF THE CHANGES The following summary  is taken from The Justice guide  The changes are, in brief: PD2D References in the rules to actions done by the Court A change […]

SUCCESS FEES IN CHILDREN CASES: LIVERPOOL AND MANCHESTER PRACTICE

The question of deducting success fees from the damages of a child remains a vexed one. I am grateful to Gillian Shaw from Paul Rooney LLP Solicitors who sent me the following note in relation to the practice in Liverpool and Manchester. (After the initial posting I received a copy of the note of judgment […]