Civil

Article: Action to help litigants in person

ProfessionThe Civil Justice Council (CJC) has predicted a rise in the number of litigants in person and set out a series of steps to tackle the challenges this will present.

Article: Bar Council in China

InternationalA team of Bar Council delegates has visited China to promote the merits of the English and Welsh barrister.

Article: Bar Council plays a leading role in City Week conference

THE Bar Council explained the high quality and high value services which the Bar offers both at home and abroad when it hosted a seminar as part of City Week’s two-day UK International Financial Services Forum on 20-21 September 2010.

Article: Bar Council responds to Jackson report

Lord Justice Jackson has recommended sweeping reform of civil litigation, including raising civil damages awards by ten per cent and introducing US-style contingency fees. Jackson LJ’s eagerly-awaited 584-page Final Report into civil litigation c...

Article: Bar Council urges caution over Alternative Business Structures

The Bar Council has published its response to the Legal Services Board’s wide-ranging discussion paper on Alternative Business Structures (ABS). The response from its Working Group on ABS reflects the Bar Council’s support for a pragmatic and...

Article: Bar Council welcomes Lord Justice Jackson’s preliminary report

THE Bar Council welcomed Lord Justice Jackson’s Preliminary Report reviewing the cost of civil litigation published today. Responses will be sought by Lord Justice Jackson from interested parties over the summer, before a final report and r...

Article: Bar responds to Jackson cost review

Referral fees lead to bad service and should not be permitted for barristers or other lawyers, while putting a limit on costs in advance is “neither necessary nor appropriate”, the Bar Council has said in its response to the Jackson review on the cos...

Article: Bar working party

A working party of about 100 barristers, clerks and practice managers from the criminal, family, civil, commercial and chancery Bar has been set up to advise sets of chambers on how to contract directly with the LSC.

Article: Barristers condemn LSC family contract decisions

Leading family law barristers have spoken out against the Legal Services Commission’s decision to drop many specialist solicitors firms from its contract pool.

Article: BI-LATERAL REGULATIONS EU COMPETENCE - ROME I, II AND FAMILY

Two regulations have recently been adopted establishing procedures for the negotiation, conclusion and variation of bi-lateral agreements between Member States and third countries, on respectively, applicable law in contractual and non-contractual...

Article: BRUSSELS I REGULATION REVIEW

The EU is currently conducting a 5-year review of the operation of the Brussels I Regulation, 44/2001 on “jurisdiction and the recognition and enforcement of judgments in civil and commercial matters”. In October, the European Parliament Legal Affairs...

Article: Brussels I Regulation Review

The Commission has formally issued its report on the operation of the Brussels I Regulation, 44/2001 on “jurisdiction and the recognition and enforcement of judgments in civil and commercial matters”, together with a Green Paper setting out options for...

Article: BRUSSELS I REGULATION REVIEW

The Bar has responded to the Commission’s consultation on the 5 year review of the operation of the Brussels I Regulation, 44/2001 on “jurisdiction and the recognition and enforcement of judgments in civil and commercial matters”. This, and other Bar...

Article: CALL FOR EXPRESSIONS OF INTEREST IN BAR COUNCIL BUSINESS DEVELOPMENT VISIT TO CHINA NOVEMBER 2009

Plans are underway for a delegation comprised of representatives from both the Bar Council and Law Society to visit Shanghai, Hangzhou and Guangzhou the week beginning the 2 November to hold seminars on commercial areas of law in conjunction with...

Article: Chancery on Jackson

The Chancery Bar Association has published a detailed 88-page response to the preliminary Jackson Review into civil litigation costs. It recommends that judges take a greater role in case management and make more “bold” decisions about direction, sco...

Article: Chancery on Jackson

The Chancery Bar Association has published a detailed 88-page response to the preliminary Jackson Review into civil litigation costs. It recommends that judges take a greater role in case management and make more “bold” decisions about direction, sco...

Article: Civil fee schemes

A “tolerance” fee for personal injury work, and a separate preparation fee for in-house advocates working on family public law care and supervision cases would be introduced under plans to amend the civil fee schemes.

Article: Civil justice funding must be “realistic”

The Government must return funding of the civil courts to a “realistic level”, the new President of the Association of District Judges has warned.

Article: CLAF fund could bridge justice gap

A Bar Council “think tank” has proposed a self-funding scheme to help those ineligible for civil legal aid but without the means to mount a legal claim.

Article: CLAF group launches before Jackson bites

Civil litigationA Bar Council working group has been set up to explore the viability of a Contingency Legal Aid Fund (CLAF) in the wake of the government’s announcement on civil litigation costs.

Article: CLAF team work on details

Work is continuing on the Bar’s proposed self-funding civil justice scheme to “deal with nuts and bolts” ahead of Lord Justice Jackson’s final recommendations on litigation costs.

Article: Claims multiply as recession bites

Professional negligence cases are soaring as the recession takes hold.

Article: Clarke on costs

Lord Clarke, the Master of the Rolls, has urged members of the judiciary to support Lord Justice Jackson’s preliminary review of civil costs and costs management pilot in Birmingham. The aim is to reduce costs and “realise the Woolfian dream”, he said in...

Article: Commercial Court

Mrs Justice Gloster has been appointed Judge in Charge of the Commercial Court with effect from 9 July 2010. She takes responsibility for the Commercial Court list, including assigning the judges of the court to cases.

Article: COMMISSION CONSULTATION ON IP PROTECTION OF ONLINECONTENT

The Commission is consulting the public on how to develop vibrant online markets for goods and services protected by intellectual property rights. The consultation addresses the role of legal online markets and explores a variety of copyright...

Article: COMPANY LAW - PUBLIC CONSULTATIONS

DG Internal Market of the Commission has conducted two important consultations:(i) Harmonisation of Securities (holding and transaction) Law - in anticipation of legislative proposals to be issued towardsthe end of 2009.  ...

Article: COMPETITION – DAMAGES IN ANTITRUST CASES

As at the time of writing, the Commission had not yet committed itself to a date for the adoption of its much anticipated proposal for a directive on antitrust damages.

Article: COMPETITION – PRIVATE DAMAGES IN ANTITRUST CASES

Following on from its White Paper of this time last year, DG Competition has been working on a proposal for a directive on antitrust damages, covering the range of issues consulted on, including collective redress. The proposal was expected to be...

Article: COMPETITION – REPORT ON THE FIRST 5 YEARS OF REGULATION 1/2003

The Commission has adopted a largely positive report on the first 5 years of operation of Regulation 1/2003, which overhauled the procedural rules supporting the application of the EU’s antitrust Articles 81 and 82 TEC....

Article: Defamation Bill

Reform of the law of defamation became more likely following the second reading debate in the House of Lords on Lord Lester’s Defamation Bill on 9 July.

Article: Defamation costs

The Ministry of Justice has proposed new measures to control costs in defamation proceedings, including setting maximum or fixed recoverable hourly rates; mandatory cost capping; and requiring courts to consider the proportionality of total costs in...

Article: ECJ JUDGMENT ON MAXIMUM HARMONIZATION UNDER THE UNFAIR COMMERCIAL PRACTICES DIRECTIVE - ECJ JOINED CASES: 261/07 AND 299/07

The judgment reconfirms the Unfair Commercial Practices Directive 2005/29/EC as a maximum harmonisation directive, holding that Member States may not adopt measures that are more restrictive, even in order to ensure a higher level of consumer...

Article: EU CONSUMER RIGHTS DIRECTIVE

The Bar has responded to the BERR consultation on the Commission’s October 2008 proposal for a horizontal EU consumer rights directive, and is inputting its views to the EU institutions too. The key points of principle were that: There should be no...

Article: EU Sales Law ‘in nobody’s interests’

BusinessThe Bar Council is opposing plans to introduce a second tier of contract law throughout Member States.

Article: EUROPEAN CONTRACT LAW AND THE COMMON FRAME OF REFERENCE

January 2009 saw the issue of the long-awaited Academic Common Frame of Reference (“ACFR”) (replacing the Draft CFR which came out this time last year). It is available on the Commission’s CIRCA database. The Commission is currently undertaking a pruni...

Article: EUROPEAN CONTRACT LAW AND THE COMMON FRAME OF REFERENCE

In early 2009, DG Justice, Liberty and Security took over Commission competence for this file from DG SANCO (Consumer Protection) . It intends to issue a Communication towards the end of this year, setting out its plans to convert the academic CFR into...

Article: EUROPEAN CONTRACT LAW AND THE DRAFT COMMON FRAME OF REFERENCE

At the end of 2008, the JHA Council adopted a report on the Common Frame of Reference for European contract law (“CFR”), reiterating its April 2008 position that the CFR would be a non-binding legal instrument, shaped as a set of guidelines to be used by...

Article: EUROPEAN JUDICIAL NETWORK IN CIVIL AND COMMERCIAL MATTERS

The European Institutions have formally adopted a Decision amending Council Decision 2001/470/EC establishing a European Judicial Network in civil and commercial matters. The new decision will modernise the network and, of particular interest to the...

Article: Fee-sharing favours solicitor-advocates over barristers

Solicitor-advocates may be appointed for cases beyond their competency because of a desire to keep costs low, a report commissioned by the Legal Services Board (“LSB”) has found.

Article: Harmonising EU contract law

EU lawThe Bar Council has called on the European Commission to show restraint on controversial proposals to harmonise contract law. The European Commission has set out seven options for change, including full harmonisation of national contract laws...

Article: Hoffmann wants public body proposal dropped

Lord Hoffmann has spoken out against Law Commission proposals to help individuals seek redress against public bodies. Currently, individuals must establish that the public body owes them a specific statutory duty or is in breach of a duty of care at...

Article: IBA Hears Plans to Modernise

Civil LitigationMichael Todd QC, Chairman-elect of the Bar Council, is to set up a working group in the New Year to draw up proposals to modernise civil litigation.

Article: IMPROVING THE TRANSPARENCY OF DEBTORS’ ASSETS

The responsible committee of the European Parliament is, as I write, debating its draft report on the Commission’s March 2008 Green paper aimed at identifying possible EU measures to improve the transparency of debtors' assets and the right of c...

Article: Independent Courts Charity Appeal gains influential backing

An appeal on behalf of an independent charity which provides free services for people who go to court has been backed by the Attorney General, the Lord Chief Justice and the Bar Council. The Personal Support Unit, based at the Royal Courts of Justice,...

Article: INTELLECTUAL PROPERTY: EXTENSION OF COPYRIGHT TERM

The July 2008 proposal to extend copyright protection from 50 to 95 years, for performers and phonogram producers, should have been adopted by the EP by the end of March.http://www.europarl.europa.eu/oeil/file.jsp?id=5667672&language=en&mailer=true

Article: INTELLECTUAL PROPERTY: EXTENSION OF COPYRIGHT TERM

The EP has supported the Commission’s 2008 proposal to extend copyright protection for performers and phonogram producers, from 50 to 70 years. See:http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2009-0282

Article: IP - TOWARDS A UNIFIED PATENT LITIGATION SYSTEM?

In June, the Council formally asked the ECJ for a ruling on the compatibility with the EC Treaty of a possible future Agreement creating a Unified Patent Litigation System (“UPLS”). The incoming Swedish EU Presidency will support...

Article: Is libel chilling?

A working group of media professionals and lawyers has been set up by the Ministry of Justice to consider whether libel laws are having a chilling effect on freedom of expression. It will examine all aspects of substantive libel law but will exclude...

Article: Jackson reforms could restrict access to justice

Civil litigationProposals to implement Lord Justice Jackson’s recommendations on civil costs could lead to “acute” problems for litigants.

Article: Jackson review

Lord Justice Jackson will publish the final report of his eagerly-awaited Review of Civil Litigation Costs on 14 January 2010. An advance copy will be sent to the Master of the Rolls by 31 December 2009.

Article: Mediation education

Lord Neuberger, the Master of the Rolls, has called for mediation and alternative dispute resolution (“ADR”) to be made a part of every lawyer’s education.

Article: Mediation on the rise

Commercial and civil mediation has grown by 30 per cent in the last three years.

Article: New ADJ President

JudiciaryDistrict Judge Paul Mildred has warned the legal aid cuts will heap pressure on the courts, in his first public comments since becoming President of the Association of District Judges.

Article: New Code for Litigation Funders

Civil LitigationThe Civil Justice Council (CJC) has published its much-anticipated Code of Conduct for Litigation Funders and the Rules of the Association for the Association of Litigation Funders in England and Wales. The Rules require every member...

Article: NewsBites

Mediation mattersSeparating couples will need to consider mediation before they can divorce in future, the Ministry of Justice has announced. The new policy could potentially lower the cost of divorce for the couples involved, as well as reducing the...

Article: Patents County Court reforms

The financial limit of the Patents County Court (“PCC”) should be set at £500,000, according to the Judiciary Working Group on Reform of the PCC. The recommended limit, which is higher than originally proposed, follows a consultation by the Working...

Article: Patents County Court reforms

The financial limit of the Patents County Court (“PCC”) should be set at £500,000, according to the Judiciary Working Group on Reform of the PCC.  The recommended limit, which is higher than originally proposed, follows a consultation by the Working...

Article: PIBA ANNUAL LECTURE “WHAT IS AN ACCIDENT?” BY SIR JOHN LEWIS

Personal Injuries Bar Association (PIBA) Inner Temple at 6pm on Tuesday 16 November 2010 CPD 1 hour (to be confirmed)

Article: Preliminary findings on civil litigation cost review

The Bar Council has reacted with interest to Lord Justice Jackson’s provisional view on “no win no fee” agreements contained in his preliminary report in his Review of Civil Litigation Costs.

Article: Procedure rules change

The Civil Procedure Rules were updated on 1 October. The changes include extending the remit of court enforcement officers to enforce ACAS settlements, and a cost cap of £50,000 for liability claims in low value intellectual property cases.

Article: Professional Negligence Bar Association (PNBA)

17TH ANNUAL CLINICAL NEGLIGENCE RESIDENTIAL SEMINAR Friday 10 (evening) – Sunday 12 (lunchtime) September 2010

Article: Revised Lugano Convention Adopted

The Council has adopted a Decision approving the conclusion of a new Lugano Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, bringing the rules of the Lugano Convention into line with those...

Article: Safety and Security at Court

Security incidents at court do happen and can be a source of great concern to counsel. In recent months, the issue of court security has been brought to the attention of the Legal Services Committee and it has been seeking to establish the extent of...

Article: Sir Hugh Laddie

A thanksgiving ceremony will be held at Middle Temple Hall on 4 March at 6pm for the life and work of Professor Sir Hugh Laddie, who died in November 2008 after a long illness.

Article: Success fees in libel cases reduced

The Justice Secretary, Jack Straw, has reduced the maximum success fee that lawyers can charge in defamation cases from 100 per cent to 10 per cent.

Article: Treasury devil

James Eadie QC, of Blackstone Chambers, has been appointed First Treasury Counsel. Eadie will join Jonathan Swift of 11KBW, handling the government’s complex civil law matters. Eadie, who was called to the Bar in 1984 and took silk last year, acted as...

Article: Twelfth Supreme Justice

Lord Justice Dyson has been appointed the 12th Justice of the Supreme Court. He was presiding judge of the Technology and Construction Court from 1998 to 2001, when he was appointed to the Court of Appeal. He was deputy head of civil justice between...

Article: UNFAIR CONTRACT TERMS IN CONSUMER CONTRACTS – ROLE OF NATIONAL COURTS

In Case C-243/08 the ECJ held that in the area of consumer protection, national courts are not limited merely to ruling on the possible unfairness of a contractual term, but must also themselves examine that issue, where requisite legal and factual...

Article: VHCC ends

The criminal Very High Cost Cases (“VHCC”) Panel Scheme expired on 13 July. From 14 July 2010, litigators and advocates instructed on VHCCs with representation orders must operate under an individual case contract arrangement. 

Article: ‘Bar should seize arbitration opportunity says Chairman of the Bar

A delegation of senior barristers led by Desmond Browne QC, the Chairman of the Bar, has made a five-day visit to the Gulf. The Bar’s visit took in Dubai, Abu Dhabi and Bahrain, and followed the first successful mission to the region in 2008. The s...