Category: Procedure

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.

Dear Susan… an open letter to @CEOofHMCTS re: the ‘float-list’

Following a discussion sparked by a recent twitter thread about the perils of the ‘float-list’ in UK Tribunals, here is my open letter to Susan Acland-Hood, the @CEOofHMCTS, seeking greater transparency on the listing process.

This is what lawyers need to do when alleging that a Judge is biased

Allegations of bias are easily made but hard to prove. Two recent Upper Tribunal cases have discussed the duty of advocates to raise issues of procedural unfairness as and when they occur.

Was Barclays to blame for doctor’s alleged historic sexual assaults?

In principle yes, according to the Court of Appeal in a claim brought by current and former employees over alleged sexual assaults by a doctor that Barclays Bank instructed to perform compulsory medical tests. [Trigger warning: refers to incidents of historic sexual assault].

When is a company liable for mis-describing its services online?

A High Court dispute between a removal business and its trade body yields some important guidance for both SMEs engaged in online marketing and for independent website operators.

What’s new in the Administrative Court Judicial Review Guide 2018?

Parties to judicial review claims should be familiar with this new Court guide or they could face adverse costs consequences. This post gives you a comparative analysis of the key changes since the 2017 guide.