header-logo header-logo

01 March 2024 / Stephen Gold
Issue: 8061 / Categories: Features , Procedure & practice , Civil way , Litigants in person
printer mail-detail

Civil way: 1 March 2024

Havin' the Latin; Dr Gold's CPR prescription

IGNORANTIA JURIS NON EXCUSAT

The litigants in person (LiPs) in Greenwood and another v Pringle [2024] EWHC 84 (Ch) do not appear to have got much procedurally right. But as Judge Paul Matthews pointed out, being a LiP is not a good reason for breach of a procedural order (see Barton v Wright Hassall [2018] UKSC 12 and post-Sumption, Mainline Pipelines Ltd v Phillips and another [2023] EWHC 2146 (Ch)); nor are living abroad or being elderly or impoverished.

The LiPs here were seeking, among other things, to overturn an order setting aside their statutory demand with a £4,680 costs order against them. Out of two directions given of which they were in breach, one of them (the likes of which have been known to cause even seasoned litigants to spit tacks) was for the filing of a transcript of the judgment below. They contended it was not necessary and the transcript was too expensive (they having asked for one of the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
back-to-top-scroll