header-logo header-logo

08 July 2016
Issue: 7707 / Categories: Legal News
printer mail-detail

Tackling delays in the Court of Appeal

nlj_7707_news2

Litigation lawyers have offered qualified support to new proposals to reduce delays in Court of Appeal hearings.

The Civil Procedure Rule Committee (CPRC) reviewed the oral and written process for applications to the Court to see where it could be streamlined, after judges sitting alone came under pressure due to an increased workload. Its proposals include raising the threshold for permission to appeal from a “real prospect” to “a substantial prospect of success”, and removing the automatic right to an oral hearing when applying for permission to appeal.

Ed Crosse, president of the London Solicitors Litigation Association (LSLA) (pictured), says: “The LSLA appreciates that significant Appeal Court time could be saved by removing the automatic right to an oral permission hearing but there will need to be appropriate safeguards to limit the risk of injustice, particularly as it is proposed that there will be no right of appeal if a permission application is dismissed on paper.

“Alternatively, the rules could be amended to increase the scope for a single judge to refuse an oral hearing because the case has ‘no realistic prospect of success’ rather than the current ‘totally without merit’ test. Judges could also limit the issues addressed by applicants in oral hearings and deliver their decisions concisely, there and then, with no right of appeal against the decision.

“We would also propose discouraging tactical or unmeritorious permission applications by imposing adverse costs orders in favour of respondents who have been forced to incur costs by having had to respond.”

Crosse said appeals are often listed for longer than necessary and the Court could free up time by taking a “tougher approach”.

Issue: 7707 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll