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19 February 2014 / Nichola Evans
Issue: 7595 / Categories: Opinion
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Going local

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Nichola Evans reports on the inconsistent application of the “new rules” in the county courts

We all know the new cost budgeting rules. We all know the senior courts are taking a “robust view” in terms of applications made under CPR 3.9 for relief from sanction but what is happening in local county courts? Is there a consistency in approach?

The stories which are emerging suggest that many local courts have their own practices and customs which means if you don’t usually operate in those courts you could get caught out. Practitioners are swapping stories and legal blogs are full of examples of local courts operating different practices.

War stories

  • In my local courts in Manchester the judges have said that they spend on average 12–14 minutes scrutinising the cost budgets submitted by the parties. Another county court just down the M62 says that its average is an hour.
  • At least one county court insists advocates at the first case management conference (CMC) should have their laptops with them to record any alterations to cost budgets there and then.
  • It is reasonably common for solicitors to
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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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