Beawiharta
REUTERS | Beawiharta

Amid the currently crowded landscape of reform processes and proposals affecting the civil justice system in England and Wales, one set of reforms, that has perhaps stayed further below the radar than might have been expected, are the proposals aimed at addressing the serious delays being experienced in the Court of Appeal’s Civil Division. Continue reading

Yves Herman
REUTERS | Yves Herman

As the area of law surrounding Norwich Pharmacal Orders (NPOs) has grown in recent years, applications for an NPO in situations where the respondent resides outside the jurisdiction has come under increasing scrutiny. The recent High Court case of AB Bank Ltd v Abu Dhabi Commercial Bank PJSC [2016] EWHC 2082 (Comm) has provided a significant development on this issue and given an emphatic judgment on the limitations of Norwich Pharmacal relief against overseas parties. Continue reading

Ali Jarekji
REUTERS | Ali Jarekji

A statement of case can be struck out where it is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings (CPR 3.4(2)(b)). The TCC (Mr Justice Fraser) has, in the recent decision EnergySolutions EU Limited v Nuclear Decommissioning Authority, underlined just how bad a party’s behaviour has to be for strike out to be the proper punishment. Continue reading

Meeting
REUTERS |

The Practical Law Dispute Resolution team are receiving a growing number of Ask Practical Law queries relating to the Register of Judgments, Orders and Fines (“the Register”). These have highlighted some of the grey areas within the current regime for the registration of County Court and High Court judgments, which is underpinned by the Register of Judgments, Orders and Fines Regulations 2005 (SI 2005/3595) as amended (“the 2005 Regulations”). Continue reading

Mike Blake
REUTERS | Mike Blake

During my time as a stagiaire at the European Court of Human Rights, I remember gazing upon the strange building. Standing, as it does, like a huge oil repository, it reaffirmed initially my aversion to modern architecture. However, when a colleague explained that its glass structure represented transparency and accessibility, it suddenly made sense. That court wouldn’t have existed had it not been for British draftspersons, whose creativity contributed immeasurably to the European Convention on Human Rights. It is a natural facet of the British psyche to hold openness and transparency dear to our justice system. It is therefore important that, in an ever-changing technological environment, as judges and the justice system adapt, we ensure that the principle of open justice remains intact. Continue reading

Suzanne Plunkett
REUTERS | Suzanne Plunkett

In case you’ve been living on a desert island for the last year or so, in July 2015 Lord Justice Briggs was asked by the Lord Chief Justice and the Master of the Rolls to carry out a review of the structure of the civil courts of England and Wales. Many conferences, presentations and informal consultation sessions later, and Briggs LJ published both an interim report (in January 2016) and, on 27 July 2016, his final report on the Civil Courts Structure Review. The final report builds on and refers frequently to the interim one, and the two really ought to be read together. Continue reading