County Court money claim service launched – Ministry of Justice
“From today all designated money claims in civil cases in England and Wales will be dealt with at one business centre. The centre will be supported by a dedicated contact team that deal with all...
View ArticleSuccess Fees and ATE Premiums in the Patents County Court: Henderson v All...
“As I mentioned in “Intellectual Property Litigation – the Funding Options” 10 April 2013, it was possible until the 31 March 2013 for a litigant to enter an agreement with his or her solicitors and...
View ArticleCourt closures spark fears of ‘justice deserts’ in rural areas – The Independent
‘Dozens of the 500 courts in England and Wales are to be shut down under a £75m-a-year Ministry of Justice reform programme, fuelling fears that rural areas will become “deserts” of justice.’ Full...
View ArticleThe County Court challenge: a practical view from the Bar – Littleton Chambers
‘Given the continued attention commanded by the stream of relief from sanctions decisions and the implementation of the Jackson reforms, it is unsurprising that the secondary legislation that brought...
View ArticleDisabled man forced off bus by refusal to move pram sparks equality test case...
‘A woman’s refusal to move a pushchair with a sleeping baby from a bay on a bus used by wheelchair passengers – causing a disabled man to have to leave the vehicle – is at the centre of a test-case...
View ArticlePatel v Mussa – WLR Daily
Patel v Mussa [2015] EWCA Civ 434; [2015] WLR (D) 195 ‘There was no justification for extending the residual appellate jurisdiction of the Court of Appeal to encompass decisions of the county court...
View ArticleEviction and High Court Enforcement – Nearly Legal
‘A couple of recent cases have highlighted the issues involved in transferring County Court possession orders to the High Court for enforcement by High Court Enforcement Officers.’ Full story Nearly...
View ArticleHandley and another v Luke Jackson Solicitors (a firm); Lopes v Croydon...
Handley and another v Luke Jackson Solicitors (a firm); Lopes v Croydon London Borough Council; Christie Owen & Davies Ltd v Awan and another [2016] EWCA Civ 465 ‘Where the County Court has made a...
View ArticleFrom the County Courts – deposits, evictions and introductory tenancies –...
‘Some county court cases reported in the indispensable ‘Housing: Recent Developments’ in Legal Action for May 2016. Cases involve introductory tenancies, deposits, harassment and illegal eviction.’...
View ArticleAppeal judges rule on remedy for discrimination in student work placements –...
‘The Court of Appeal has filled a gap in employment law governing student work placements. It found that legislation left university and college students no remedy if they suffered discrimination...
View ArticleBar Council blames court fee rises for fall in CCJs – Litigation Futures
‘There was a 19% fall in the number of debt judgments against businesses in England and Wales during the first six months of 2016, which the Bar Council says is evidence of the negative impact of...
View ArticleSharp rise in county court judgments against consumers – The Guardian
‘The number of county court judgments (CCJs) registered against consumers has hit a record high, according to official figures that show that an increasing number of people will have problems getting a...
View ArticleDebt fears grow as county court judgments soar by 35% – The Guardian
‘Nearly 300,000 debt judgments were filed against individuals in English and Welsh county courts in the first three months of 2017, the highest quarterly figure for more than 10 years.’ Full story The...
View ArticleSurge in work for the county courts includes rise in personal injury claims –...
‘There was a big increase in all kinds of work at the county courts in the first quarter of this year, according to new figures from the Ministry of Justice (MoJ).’ Full StoryLitigation Futures, 21st...
View ArticleFirst building block of Online Court goes public – Legal Futures
‘The first element of the Online Court went public today, with a beta test enabling people to issue county court money claims for up to £10,000 more easily.’ Full StoryLegal Futures, 6th April...
View ArticleDoing the same thing all over again – Nearly Legal
‘A county court appeal arising out of a set of proceedings starting with a disrepair claim by a private sector tenant, which raises issues of service and when second proceedings are an abuse of...
View ArticleAvon Ground Rents Ltd v Child [2018] UKUT 204 (LC) – Tanfield Chambers
‘The UT comprised of Holgate J and HHJ Hodge QC (also sitting as County Court judges) gave valuable guidance concerning the importance of judges maintaining jurisdictional clarity and seperation when...
View ArticleCounty court to test video hearings in year-long pilot – Legal Futures
‘A year-long pilot to hear applications to set aside county court default judgments by an internet-enabled video link will begin at the end of this month.’ Full StoryLegal Futures, 13th November...
View ArticleCourt of Appeal rules on Equality Act breaches and homelessness appeals –...
‘The Court of Appeal has held that a homeless person cannot raise alleged breaches of the Equality Act 2010 in a homelessness appeal before a county court judge.’ Full StoryLocal Government Lawyer, 8th...
View ArticleCourt rejects judicial review over failure to extend QOCS – Litigation Futures
‘The High Court has rejected a challenge to the Ministry of Justice’s (MoJ) failure to extend qualified one-way costs shifting (QOCS) to discrimination claims in the county court.’ Full StoryLitigation...
View ArticleCounty Court considers costs rules in personal injury case (Khan v Aviva...
‘Practitioners will be familiar with cases where costs are assessed according to the principles applicable in different tracks. In such circumstances, Khan v Aviva is of practical assistance by...
View ArticleIs a Section 8 notice on rent arrears a demand for rent? – Nearly Legal
‘I have kindly been sent a couple of county court Circuit Judge decisions on the issue of whether section 8 notices (where the ground is rent arrears) have to comply with the requirements of section 47...
View ArticleHolding and Management (Solitaire) Limited v Leslie Stafford Miller [2019]...
‘The FTT improperly purported to determine matters which it had no statutory authority to do so on the basis of the generality of the County Court’s order transferring the matter to it.’ Full...
View ArticleCourt of Appeal’s judgment in the case of James v Hertsmere Borough Council:...
‘Today [2 April] the Court of Appeal handed down judgment in James v Hertsmere Borough Council [2020] EWCA Civ 489. The judgment answered a question that has been troubling homelessness lawyers for...
View ArticleNot signed, not sealed, not delivered – Nearly Legal
‘A first instance county court judgment on a possession claim, but with a range of interesting issues. The Ratcliffes were the landlords, Ms Patterson was the tenant and Mr Porter a guarantor, who...
View ArticleGetting the Court to Hear Your Case During the Pandemic – 3PB
‘The county court has responded rapidly to the sudden and unprecedented change to its working practices. However, the move to remote hearings has brought a marked decline in the retention of existing...
View ArticleCourts backlog ‘tipping point’ for justice system – BBC News
‘The number of criminal cases waiting to be dealt with by Crown Courts threatens to overwhelm the justice system in England and Wales, a study suggests.’ Full StoryBBC News, 30th October 2020Source:...
View ArticleCourt corrects gaffe which allowed ex-husband to stop payments – Law...
‘A court has permitted the correction of an order which accidentally allowed a husband to stop making payments to his ex-wife.’ Full StoryLaw Society's Gazette, 16th November 2020Source:...
View ArticleWho has jurisdiction and under what circumstances? – Falcon Chambers
‘This paper deals with one of life’s big questions: “why are we here?”, albeit the “here” refers to one or more of the County Court, the First Tier Tribunal and the Upper Tribunal (Lands Chamber), and...
View ArticleCounty court order against Boris Johnson struck out – BBC News
‘Boris Johnson no longer has a county court judgement against him after his lawyers sought to strike out a claim for a £535 debt for alleged defamation.’ Full StoryBBC News, 13th May 2021Source:...
View ArticleA tale of two judges – Law Society’s Gazette
‘Solicitors often warn clients that the views of the judge can make a difference to the outcome of their case, especially at first instance. Two county court judgments on the issue of whether a...
View ArticleLeasehold assortment – Nearly Legal
‘Some quick notes on leasehold related cases.’ Full StoryNearly Legal, 12th December 2021Source: nearlylegal.co.uk
View ArticlePeople left out of pocket by traders say UK county court system ‘unfit for...
‘Customers say judgments against firms lead nowhere and compound their misery.’ Full StoryThe Guardian, 2nd May 2022Source: www.theguardian.com
View ArticleMoJ denies new pilot scheme removes right to a trial – Law Society’s Gazette
‘The Ministry of Justice has denied it is removing litigants’ right to a trial – despite testing a new scheme where judges can resolve cases before a hearing without the consent of both parties.’ Full...
View ArticlePaper-only small claims pilot “likely to do injustice” to litigants – Legal...
‘A pilot scheme that will see small claims cases determined on the paper in six county courts from next month is “likely to do injustice” to litigants, an academic has argued.’ Full StoryLegal Futures,...
View ArticleJudge calls for guidance on rights of unqualified agency advocates – Legal...
‘County court judges would benefit from “more authoritative guidance” from the higher courts on whether unqualified solicitor’s agents have rights of audience, a circuit judge has said.’ Full...
View ArticleTime taken to get civil cases to trial reaches all-time high – Legal Futures
‘The time between issue and trial for fast- and multi-track claims has hit 75 weeks, the longest this century, according to government figures published yesterday.’ Full Story Legal Futures, 2nd...
View ArticleOn credibility and penalties – Nearly Legal
‘Lowe v Charterhouse (2022) EW Misc 8 (CC). A county court deposit penalty claim judgment, but well worth noting because a) a Circuit Judge decision by HHJ Luba KC, b) there are some broader points in...
View ArticleOn credibility and penalties – Nearly Legal
‘A county court deposit penalty claim judgment, but well worth noting because a) a Circuit Judge decision by HHJ Luba KC, b) there are some broader points in application , and c) well it is quite the...
View ArticleAlmost 75,000 defendants awaiting crown court trial, says head of CPS – The...
‘The head of the Crown Prosecution Service has warned that cutting its budget would have a “catastrophic” impact on the backlog in the crown courts, as he revealed that almost 75,000 defendants were...
View ArticleWait time for county court trials reaches new all-time high – Legal Futures
‘The time between issue and trial for fast- and multi-track claims has now exceeded 75 weeks, the longest this century, according to the latest government figures.’ Full StoryLegal Futures, 6th...
View ArticleUK passengers owed millions by airlines in unpaid refunds and expenses – The...
‘Airlines including Wizz Air and Ryanair owe millions of pounds to passengers from unpaid refunds and expenses, according to an investigation by the consumer group Which?’ Full StoryThe Guardian, 17th...
View ArticleTime from issue to trial in county court hits record high of 80 weeks – Legal...
‘The number of claims lodged at the county court has returned to near pre-Covid levels but the time between issue and trial has reached a new all-time high, according to the latest government figures.’...
View ArticleOperating CCTV lawfully – Local Government Lawyer
‘A county court judge has ruled that Islington Council’s operated its CCTV system lawfully. Sam Fowles explains why.’ Full StoryLocal Government Lawyer, 7th July 2023Source:...
View ArticleContractual costs in the Tribunal & County Court, with a guest appearance –...
‘The underlying proceedings were a small claim in the County Court by Crescent (via Davidoff as agent) for unpaid service charges against Mr Behjat as leaseholder. It was, apparently, transferred to...
View ArticleTales from the County Courts – non-occupation of council tenancy, unlawful...
‘A couple of County Court judgments – by HHJ Luba KC, as a circuit judge. Buckle up for a bumpy ride through the all too familiar county court landscape of erratic pleadings, lengthy delays and parties...
View ArticleUnlawful eviction – section 27 residence and section 28 damages – Nearly Legal
‘Wilson v Wilson & Anor (2023) EW Misc 5 (CC). A county court judgment on a claim under section 27 Housing Act 1988 for unlawful deprivation of occupation, against a background of breakdown in...
View ArticleTales from the County Courts – housing conditions quantum, proof of notice of...
Three county court cases – all first instance judgments and non-binding, but each of interest, including the first two fitness for human habitation decisions that have come our way and a complicating...
View ArticleVarying a possession order from discretionary to mandatory ground – Nearly Legal
‘Poplar HARCA v Kerr. Central London County Court 26 July 2023. This was a county court appeal to a circuit judge on the issue of whether a pre-existing suspended possession order, made on a...
View ArticleDiscrimination, belief and the “fundamental party rights”: the judgment in...
‘The County Court has given judgment in Ali v Green Party of England and Wales [Central London County Court, 9 February 2024]. For the first time, the court had to consider the interaction between the...
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