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Going local

19 February 2014 / Nichola Evans
Issue: 7595 / Categories: Opinion
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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
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Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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