Procedure & practice

Is the ‘golden thread’ of Woolmington wearing thin? Simon Parsons examines the insanity defence & legal burdens of proof

QOCS changes; jumping financial remedy queue; suing the state; Fast Track costs on small claim; life after Tate Modern; new FPR amendments.

To arbitrate or to litigate? Masood Ahmed & Syed Ali explore the courts’ approach to unilateral option clauses both at home & abroad

With the authority of the President of the Family Division, Mr Justice Peel, as the judge in charge of the Standard Orders Group, has issued a series of draft orders prepared by the Ministry of Justice after consultation with relevant stakeholders and a review by the Standard Orders Group. 

Lord Reed of Allermiur has spoken at the International Conference on Implementation of the Rule of Law: the role of the Supreme Court in Modern Conditions, held by the Supreme Court of Ukraine on 20 January 2023 about the UK experience of departing from precedent. 

The Courts and Tribunals Judiciary has provided practice guidance for Court of Protection closed hearings and closed material. 

Misconduct which undermines public trust in the police clearly warrants severe punishment, says David Walbank KC

Could rule changes be on the horizon? Dominic Regan looks ahead to 2023, & considers guideline hourly rates & caps on deductions

The first Family Procedure Rules 2010 (FPR 2010) Practice Direction update of 2023 has been issued, amending various practice directions including, inter alia, amendments to reflect changes introduced by the Family Procedure (Amendment) Rules 2023, SI 2023/61, and also to make provision for parts of the Domestic Abuse Act 2021. The amendments come into force on 18 February 2023 and 6 April 2023.

Lawyers have expressed dismay at a legislative change that reverses Ho v Adelekun on costs recovery under the qualified one-way costs shifting (QOCS) scheme, allowing the defendant to recover more costs from settlements as well as damages.