Blog
Technology in the Courts
It’s good to know that some jurisdictions still have healthy regard for pointless rules. A client the other day told me that in the British Commonwealth jurisdiction where he had been resident, the court would refuse to look at any documents unless they were on foolscap paper, although the court’s only photocopier only took A4 […]
Dishonesty in Regulatory Proceedings
It is important to realise that those sitting in regulatory proceedings may have a wide and varied perception of the meaning of Dishonesty. That itself is not surprising. Those of us who cut our teeth in the wide environs of criminal law have come to realise that dishonesty as a concept lies on a spectrum. […]
A critical time for the CQC
It has not been an easy few months for healthcare providers’ biggest regulator the Care Quality Commission. Against a background of tightened budgets, staff shortages and warnings by the Barker Commission for the need for restructuring of healthcare delivery, the CQC is facing its toughest period as a relatively new regulator. CQC Annual Report 2015 […]
The Buses Bill and potential changes to bus registration
As part of the Government’s plans for devolution, it has agreed to provide authorities with directly elected mayors the powers necessary to franchise their bus services. These powers are expected to be included in a Buses Bill that is to be introduced in the current parliamentary session. Local Authorities in different areas of the country […]
The ultimate price?
I’ll begin with some depressing facts: 1 women is killed every 3 days by a partner or ex partner 1 in 4 women in England & Wales will experience domestic violence in her lifetime, and 8% will suffer in any given year Every minute the Police in the UK receive a DV call, but only […]
Introducing better case management
The beginning of last year brought publication of Sir Brian Leveson’s Review on Efficiency in Criminal Proceedings. As a result of the Review all efforts are presently focused on Better Case Management (BCM) in the Crown Court. The three key changes to the management of cases will be: Better Case Ownership A new Digital Case […]
Updated guidance on the efficient conduct of Financial Remedy hearings in the High Court
On the 24th January 2016, Mr Justice Mostyn issued updated guidance on the conduct of financial remedy proceedings in the High Court (see here). It lays down important new rules concerning skeleton arguments and reiterates and reinforces other key messages about court bundles and the requirement to agree a Statement of Issues, Schedule of Assets, […]
Bias – Watts v Watts [2015] EWCA Civ 1297
It is a well-established practice that members of the same chambers or firm frequently appear alongside or against each other in court. Practitioners often develop working or social relationships with advocates from other chambers or firms when appearing in the same case or at social functions. It is also a common feature that from time […]
The evolution of PPE: remuneration in a digital age
The definition of “pages of prosecution evidence” (“PPE”) in Schedule 2 of the Criminal Defence Service (Funding) Order 2007 (“the Funding Order”) has evolved over time. There has, of late, been a proliferation of decisions of cost judges on the subject and it is outside the scope of this article to consider them all in […]
M v N in the Court of Protection
This judgment from November 2015 is in line with a number of recent medical best interests cases which have emphasised P’s wishes and feelings. It highlights the importance and difficulty of ascertaining what those wishes and feelings might be, or had been at a time when P had capacity. M v N [2015] EWCOP 76 […]
Legal funding orders
The question of what can be done in complex private law proceedings where the court is of the view that a parent is unable to represent him or herself has understandably been dominating legal headlines. Reported cases have tended to focus on discussions surrounding the circumstances in which HMCTS could be ordered to fund representation […]
Damages claims against Local Authorities – is there any change down the back of the sofa?
Local authorities must be very concerned about the spate of recent cases in which parents, other family members and former ‘looked after children’ have sought damages for the alleged failure by an authority to exercise their powers lawfully or for abuse suffered whilst in their care. In these cases, courts have had to explore the […]
