Category: Procedure

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.

How and when to ask for permission to appeal from a lower court – some guidance 🤞🏽
A dispute over alleged harassment by the Daily Mail has given rise to some guidance to all civil litigators on the procedure from applying for permission to appeal from a lower court.

Is there a duty to help your opponent in civil litigation?
A lawyer’s duty to assist the court may require them to correct their opponent’s misunderstandings, according to a controversial High Court judgment in a breach of contract claim.

Unrolled twitter thread of interview on trafficking claims with ATLEU📹
Read this twitter thread with a breakdown of the key points from an interview with trafficking expert, Jamila from ATLEU. Anyone interested in modern slavery and employment claims should find this useful.

New video interview on trafficking claims with Jamila from ATLEU📹
Watch an exclusive interview with an expert legal aid lawyer on how victims of trafficking and modern slavery can achieve redress through the law.
It’s packed with practical insights on litigation in UK courts and tribunals and real-life success stories. Essential viewing.

Changes to time limits for seeking permission to appeal to the Upper Tribunal
Lawyers should ensure that their clients are not caught out by quiet amendments to the First-tier Tribunal procedure rules, that make an already tight deadline for permission to appeal applications even tighter in immigration and asylum cases.