header-logo header-logo

19 February 2014 / Nichola Evans
Issue: 7595 / Categories: Opinion
printer mail-detail

Going local

web_evans

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
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

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

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
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’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
back-to-top-scroll