Category: Procedure

Why maladministration claims just got even tougher 🤨⚖️
At a time when coronavirus legislation has softened the duties on local authorities to meet adult social care needs, a recent decision of the High Court has made it harder for claimants to use human rights law to seek compensation for delays and maladministration.

This is the most sensible guidance on remote hearings that I’ve read so far📱👌🏽
Much has written about remote video hearings since the COVID-19 lockdown and there remain plenty of issues to consider. New, handy guidance from the Employment Tribunal offers a bunch of tips for better video hearings.

Home Office to face negligence claim over visa document delays
A new decision by the Court of Appeal confirms that the Home Office may be held liable in negligence for unreasonable delays in providing visa documents and that the Upper Tribunal can award damages in such claims.

Commercial Court judge warns lawyers over unreal time estimates
Those lawyers itching for an early finish on Fridays should take care not to under-estimate the length of hearing required in the Commercial Court of the High Court, a recent judgment highlights.

What the Upper Tribunal didn’t tell you about its new ‘e-decisions’🤫
A letter from HM Courts and Tribunal Service on behalf of the Upper Tribunal signals a shift to electronic service of its decisions, but doesn’t draw attention to shorter deadlines for appealing against them.

Exclusive: first glimpse inside the First-tier Tribunal’s digital pilot appeals
Digitisation is coming to the civil justice system in England and Wales. The reform has significant risks and benefits. In this exclusive Q&A, I spoke with a solicitor who has been testing the new system of digital appeals in the immigration Tribunal.

Nobody seems to know what should happen to imaged digital data in civil litigation. Until now.
The High Court has provided much-needed guidance on dealing with the aftermath of Search and Seizure Orders made under the Civil Procedure Rules and how to manage the inspection of imaged digital data in a way that respects privacy, privilege and protects the rights of claimants.

Avoiding real injustices: re-opening finally determined civil appeals
In a rare step, the Court of Appeal has granted an application to re-open an appeal where the judge deciding it did not have the right documents and the appellant had nowhere else to turn for a remedy against a Home Office family visa refusal.

Data-grab by porn company claim farmers blocked by High Court, post-GDPR
In a reported first, a UK court has considered who is a ‘data controller’ and who is a ‘data recipient’ under the GDPR – in a case about illegal downloads of online porn.

🎬 New video with free tips for immigration lawyers ✅
Free tips for UK immigration lawyers in this short video, summarising a key point of procedure on Upper Tribunal appeals following a recent reported case.