Kerry Underwood

PAYMENT ON ACCOUNT OF COSTS CONSIDERED

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The matters dealt with in this piece are examined in great detail in my three volume, 1,300 page book Personal Injury Small Claims, Portals and Fixed Costs – price £50 and available from Underwoods Solicitors here.

Kerry Underwood offers consultancy services in relation to this and other matters and details are here.

 

In

Benyatov v Credit Suisse Securities (Europe) Ltd [2020] EWHC 682 (QB)

the court considered CPR 44.2(8),  which provides that where the court orders a party to pay costs subject to detailed assessment, it will order that party to pay a reasonable sum on account of costs unless there is good reason not to do so; it is rare that good reason is established.

Here, various reasons suggested by a defendant facing costs orders were rejected:

Costs orders in both directions – the claimant had a costs order regarding three applications but had been ordered to pay the defendant costs regarding struck out paragraphs of the particulars of claim.

The defendant had not sought an interim payment for those costs and they could only be properly assessed at the end of proceedings when work thrown away could be considered in the full context.

The judge rejected this as a reason not to order an interim payment as it would allow a party to bring into account contingent and uncertain entitlements as to costs to defeat an otherwise sure entitlement of the other party to an interim payment.

This could not only undermine CPR 44.2(8) but also encourage satellite disputes.

Had the defendant made an application for an inteim payment, the position might be different.

Likelihood of a further costs order in the defendant’s favour – the defendant submitted that a costs order might be made against the claimant regarding a future amendment application.

The judge considered it would be wrong to deny the claimant his entitlement to a payment on account of costs because a future costs order might be made against him.

The appropriate course was to deal with the implications of any future costs order as and when such an order was made.

Defendant had sought permission to appeal – the judge said that this did not prevent him ordering an interim payment.

However, as time for applying for permission had been extended, he ordered that the time for making the payment should not start to run until the application had been determined.

Prospect of subsequently recovering costs – the judge did not accept on the facts that the claimant might not be able to repay. Evidence for a previous security for costs application was noted.

The judge went on to order one third of the sum sought by the claimant.

Written by kerryunderwood

April 3, 2020 at 11:01 am

Posted in Uncategorized

HMCTS DAILY OPERATIONAL SUMMARY RE COVID-19

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Each morning HMCTS is publishing an operational summary and this started on 25 March 2020 and set out below is the daily summary to date.

Each morning I will post the new daily summary.

 

3 April 2020

We’re consolidating the work of courts and tribunals into fewer buildings.

Some building are open to the public, some buildings are staffed but are not open to the public, and some buildings are temporarily closed.

The list was updated 3 April 2020.

Our Courts and Tribunals Service Centres will be available from 8am to 5.30pm, Monday to Friday until further notice.

Our South East region will only be taking calls between 10am to 2pm in all jurisdictions (with the exceptions on the next line).

Chelmsford, Norwich, Ipswich and Basildon Crown Courts are temporarily unable to answer calls. The recorded message will advise you what to do.

Jury trials that are underway continue but there are no new jury trials.

Crown Courts are only covering urgent work.

Magistrates’ courts are only covering urgent work Magistrates’ court cases update: 3 April 2020 .

Family court C100 (child arrangements) guidance Family court: Child Arrangements C100 application guidance .

Civil court listing priorities updated 2 April Civil court listing priorities 3 April 2020 .

Social services and Child Support Tribunal Bradford office arrangements SSCS Bradford office update .

Mental Health Tribunal telephone hearing guidance Mental Health Tribunal telephone guidance 3 April 2020 .

First Tier Immigration and Asylum Tribunal operational update First Tier IAC operational update 3 April 2020 .

Upper Tier Immigration and Asylum Tribunal operational update Upper Tier IAC operational update 3 April 2020 .

We’re continuing to avoid physical hearings and arranging remote hearings wherever possible.

We’ve introduced temporary new hours in our Scotland contact centre HMCTS Scotland contact centre opening hours 3 April 2020 .

The Royal Courts of Justice Operational Update: The Royal Courts of Justice operational update 3 April 2020 .

The High Court is covering work according to the High Court Contingency Plan.

The Court of Appeal Civil Division is covering work according to the RCJ Court of Appeal Civil urgent business priorities.

Court of Appeal Civil urgent business priorities 3 April 

The Court of Appeal Criminal Division is covering work according to the RCJ Court of Appeal Criminal Emergency Plan.

RCJ Court of Appeal Criminal Division update 3 April 2020 

The Royal Courts of Justice Fees Office has temporarily closed.

Royal Courts of Justice Fees Office update: 3 April 2020 

Judicial Office has published a number of important updates by jurisdiction

 

Written by kerryunderwood

April 3, 2020 at 9:31 am

Posted in Uncategorized

HMCTS DAILY OPERATIONAL SUMMARY RE COVID-19

leave a comment »


Each morning HMCTS is publishing an operational summary and this started on 25 March 2020 and set out below are all of the daily summaries to date.

Each morning I will post the new daily summary.

 

2 April 2020

We’re consolidating the work of courts and tribunals into fewer buildings.

Some building are open to the public, some buildings are staffed but are not open to the public, and some buildings are temporarily closed.

The list was updated 31 March 2020.

Our Courts and Tribunals Service Centres will be available from 8am to 5.30pm, Monday to Friday until further notice.

Our South East region will only be taking calls between 10am to 2pm in all jurisdictions (with the exceptions on the next line).

Chelmsford, Norwich, Ipswich and Basildon Crown Courts are temporarily unable to answer calls.

The recorded message will advise you what to do.

Jury trials that are underway continue but there are no new jury trials.

Crown Courts are only covering urgent work.

Magistrates’ courts are only covering urgent work Magistrates’ court cases update: 2 April 2020

Civil court listing priorities updated 2 April Civil court listing priorities 2 April 2020 

Mental Health Tribunal telephone hearing guidance Mental Health Tribunal telephone guidance 2 April 2020 

First Tier Immigration and Asylum Tribunal operational update First Tier IAC operational update 2 April 2020

Upper Tier Immigration and Asylum Tribunal operational update Upper Tier IAC operational update 2 April 2020 

We’re continuing to avoid physical hearings and arranging remote hearings wherever possible.

We’ve introduced temporary new hours in our Scotland contact centre HMCTS Scotland contact centre opening hours 2 April 2020 

The Royal Courts of Justice Operational Update: The High Court is covering work according to the High Court Contingency Plan.

The Court of Appeal Civil Division is covering work according to the RCJ Court of Appeal Civil urgent business priorities.

The Royal Courts of Justice operational update 2 April 2020 

The Court of Appeal Criminal Division is covering work according to the RCJ Court of Appeal Criminal Emergency Plan.

RCJ Court of Appeal Criminal Division update 2 April 2020 

The Royal Courts of Justice Fees Office has temporarily closed.

Royal Courts of Justice Fees Office update: 2 April 2020 

Judicial Office has published a number of important updates by jurisdiction

 

1 April 2020

We’re consolidating the work of courts and tribunals into fewer buildings – some are open to the public, staffed but are not open to the public, and temporarily closed was updated yesterday (31 March 2020).

Our Courts and Tribunals Service Centres will be open from 8am to 5.30pm, Monday to Friday until further notice.

Jury trials that are underway continue but there are no new jury trials.

Crown Courts are only covering urgent work.

Magistrates’ courts are only covering urgent work (overnight custody and people brought from prison). Magistrates’ court cases update: 1 April 2020

Civil court listing priorities Civil court listing priorities 1 April 2020

Mental Health Tribunal telephone hearing guidance Mental Health Tribunal telephone guidance 1 April 2020 .

We’re continuing to avoid physical hearings and arranging remote hearings wherever possible.

We’ve introduced temporary new hours in our Scotland contact centre – HMCTS Scotland contact centre opening hours 1 April 2020

The High Court is covering work according to the High Court Contingency Plan.

The Court of Appeal is only covering urgent work. The High Court and Court of Appeal work update: 1 April 2020 

Royal Courts of Justice Court of Appeal urgent business priorities RCJ Court of Appeal urgent business priorities 1 April 2020 

The Royal Courts of Justice Fees Office has temporarily closed. Royal Courts of Justice Fees Office update: 1 April 2020

Judicial Office has published a number of important updates by jurisdiction

 

31 March 2020

We’re consolidating the work of courts and tribunals into fewer buildings – some are open to the public, some buildings are staffed but are not open to the public, and some courts are suspended and the buildings are temporarily closed.

We’ve published updated guidance on security, cleaning and social-distancing arrangements in court and tribunal buildings during the coronavirus pandemic.

We’ve published updated guidance on use of telephone and video hearings to ensure the essential work of our courts and tribunals continue.

Jury trials that are underway continue but there are no new jury trials.

Crown Courts are only covering urgent work.

Magistrates’ courts are only covering urgent work (overnight custody and people brought from prison). Magistrates’ court cases update; 31 March 2020

Civil court listing priorities Civil court listing priorities 31 March 2020 .

We’re continuing to avoid physical hearings and arranging remote hearings wherever possible.

We’ve introduced temporary new hours in our Scotland contact centre – HMCTS Scotland contact centre opening hours 31 March 2020

The High Court is covering work according to the High Court Contingency Plan.

The Court of Appeal is only covering urgent work. The High Court and Court of Appeal work update: 31 March 2020

The Royal Courts of Justice Fees Office has temporarily closed. Royal Courts of Justice Fees Office update: 31 March 2020 

Judicial Office has published a number of important updates by jurisdiction

 

30 March 2020

We’re consolidating the work of courts and tribunals into fewer buildings – some are open to the public, some buildings are staffed but are not open to the public, and some courts are suspended and the buildings are temporarily closed.

We’ve published updated guidance on security, cleaning and social-distancing arrangements in court and tribunal buildings during the coronavirus pandemic.

We’ve published updated guidance on use of telephone and video hearings to ensure the essential work of our courts and tribunals continue.

Jury trials that are underway continue but there are no new jury trials.

Crown Courts are only covering urgent work.

Magistrates’ courts are only covering urgent work (overnight custody and people brought from prison). Magistrates’ court cases update; 30 March 2020 

We’re continuing to work closely with partner agencies across the criminal justice system to put in place processes that will enable us to expand the range of work undertaken as soon as we can do so.

We’ll provide further updates once we are in a position to start put these arrangements in place.

We’re continuing to avoid physical hearings and arranging remote hearings wherever possible.

We’ve introduced temporary new hours in our Scotland contact centre – HMCTS Scotland contact centre opening hours 

The High Court is covering work according to the High Court Contingency Plan.

The Court of Appeal is only covering urgent workThe High Court and Court of Appeal work update: 30 March 2020

The Royal Courts of Justice Fees Office has temporarily closed. Royal Courts of Justice Fees Office update: 30 March 2020 

We’ve suspended all ongoing housing possession action

Staff and judges are continuing in their essential work.

Judicial Office has published a number of important updates by jurisdiction

 

27 March 2020

Jury trials that are underway continue.

No new jury trials.

Crown Courts are only covering urgent work.

Magistrates’ courts only covering urgent work (overnight custody and people brought from prison). Magistrates’ court cases update; 27 March 2020 .

We are working closely with partner agencies across the criminal justice system to put in place processes that will enable us to expand the range of work undertaken as soon as we can do so.

We will provide further updates once we are in a position to start put these arrangements in place.

High Court and Court of Appeal are only covering urgent work. The High Court and Court of Appeal work update:27 March 2020 .

The Royal Courts of Justice Fees Office will temporarily close. Royal Courts of Justice Fees Office update: 27 March 2020 

Personal attendance at hearings in the First-tier Tribunal (Immigration and Asylum Chamber) have been suspended and no cases are being heard today.

All parties have been notified and new dates will be communicated once confirmed.

We are suspending all ongoing housing possession action .

We’re continuing to avoid physical hearings and arranging remote hearings wherever possible.

We’re continuing to implement social distancing measures in courts and tribunals where physical attendance is necessary.

Staff and judges are continuing in their essential work.

We’re looking at how we prioritise work and deliver essential services over the coming weeks.

Judicial Office has published a number of important updates by jurisdiction

 

26 March 2020

Jury trials that are underway continue.

No new jury trials.

Crown Courts are only covering urgent work.

Magistrates’ courts only covering urgent work (overnight custody and people brought from prison): Magistrates’ court cases update; 26 March 2020

We are working closely with partner agencies across the criminal justice system to put in place processes that will enable us to expand the range of work undertaken as soon as we can do so.

We will provide further updates once we are in a position to start put these arrangements in place.

High Court and Court of Appeal are only covering urgent work.

Personal attendance at hearings in the First-tier Tribunal (Immigration and Asylum Chamber) have been suspended and no cases are being heard today.

All parties have been notified and new dates will be communicated once confirmed.

We’ll avoid physical hearings and arranging remote hearings wherever possible.

We’ve introduced social distancing measures in courts and tribunals where physical attendance is necessary.

Staff and judges are continuing in their essential work.

We’re looking at how we prioritise work and deliver essential services over the coming weeks.

Judicial Office has published a number of important updates by jurisdiction

 

25 March 2020

Jury trials that are underway continue.

No new jury trials.

Crown Courts are only covering urgent work.

Magistrates’ courts only covering urgent work (overnight custody and people brought from prison): Magistrates’ court cases update; 25 March 2020

We’ll avoid physical hearings wherever possible.

We’ve introduced social distancing measures in courts and tribunals where physical attendance is necessary.

We’re arranging remote hearings wherever possible.

Staff and judges are continuing in their essential work.

We’re looking at how we prioritise work and deliver essential services over the coming weeks.

Written by kerryunderwood

April 2, 2020 at 12:07 pm

Posted in Uncategorized

COVID-19: UPDATED COUNTER ARRANGEMENTS FOR THE COURT OF APPEAL AND QUEEN’S BENCH DIVISION

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The Court of Appeal (Civil Division) and the Queen’s Bench Division have announced temporary changes to their counter arrangements by email to their stakeholders during coronavirus.

The counter at the Court of Appeal is closed.

A “drop-box” service continues to operate in the same location as the counter, at E307 – Civil Appeals Registry.

The Court of Appeal can continue to be contacted by email, as follows:

New cases-                                                                               civilappeals.registry@justice.gov.uk

High Court and Employment Appeals –                                   civilappeals.cmsa@justice.gov.uk

County Court and Family Court Appeals   –                            civilappeals.cmsb@justice.gov.uk

Immigration and Asylum Appeals, Public Law Cases and Judicial Reviews – civilappeals.cmsc@justice.gov.uk

Listing and Hearings –                                                          civilappeals.listing@justice.gov.uk

 

The following counters at the Queen’s Bench Division have closed until further notice:

E07 – Queen’s Bench Issues, Enforcement and Masters Listing.

E15 – Queen’s Bench Enforcement, Deed Poll and Bills of Sale.

E14 – Foreign Process.

WGO8 – Queen’s Bench Listing.

C324 – Administrative Court Issues.

WGO7 – Administrative Court Listing.

Practitioners are advised to use these nearby counters:

E01 (The Fees Office counter) – Claim forms and other related documentation.

Bear Garden (East Block) – Bundles for Queen’s Bench Masters hearings.

Court 37 (West Green building) – Bundles for Queen’s Bench and Administrative Court hearings.

 

The Queen’s Bench Division can continue to be contacted by email, as follows:

AdministrativeCourtOffice.GeneralOffice@hmcts.x.gsi.gov.uk.

AdministrativeCourtOffice.ListOffice@hmcts.x.gsi.gov.uk.

QBEnquiries@justice.gov.uk.

QBJudgesListingOffice@justice.gov.uk.

ForeignProcess.RCJ@justice.gov.uk.

FeesRCJ@justice.gov.uk.

Written by kerryunderwood

March 31, 2020 at 10:36 am

Posted in Uncategorized

COVID-19: LORD CHIEF JUSTICE ISSUES GUIDANCE TO JUDGES IN THE CIVIL AND FAMILY COURTS

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On 19 March 2020, the judiciary published guidance from the Lord Chief Justice to judges in civil and family courts, in light of coronavirus.

Hearings – by default, should be conducted with one, more than one, or all participants attending remotely.

The flexibility of the court rules allows for the wide use of telephone and video hearings and for evidence to be received by telephone and video.

HM Courts & Tribunals is urgently working on expanding the availability of technology.

In the meantime, phones, some video facilities and Skype can be used.

If appearing remotely is not possible, sensible precautions should be taken when people attend court. Judges should work with court staff to consider how hearings can continue as safely as possible.

Local practices will need to consider variations in court facilities and the range of work handled.

Final hearings and hearings with contested evidence will soon “inevitably” be conducted using technology.

In the short term, it may be difficult to maintain trials and final hearings, not least because of the inability of people to participate.

Judges are urged to explore with parties the possibility for compromise, before agreeing to adjourn any hearing.

Many procedural matters may be resolved on paper within the rules.

Litigants in person – unrepresented parties may find telephone hearings difficult.

The co-operation of the legal profession to facilitate telephone hearings is expected.

Prioritising work – judges will need to work with operational and listing staff to identify local priorities, accounting for availability of resources and practical arrangements that can be implemented safely.

Applications to suspend warrants of possession should be prioritised.

Injunctions and committal hearings are likely to be urgent and will need to be prioritised.

Applications for breach of an injunction or an undertaking are unlikely to be suitable for a telephone hearing.

Arrangements will need to be made for the safe hearing of such applications.

Civil appeals – permission to appeal applications and final appeals may be suitable for telephone hearings subject to considerations for litigants in person.

Written by kerryunderwood

March 31, 2020 at 10:26 am

Posted in Uncategorized

COVID-19: FILING AND HEARING ARRANGEMENTS AT THE COMPETITION APPEAL TRIBUNAL

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On 20 March 2020, the Competition Appeal Tribunal published Practice Direction 1/2020 “Covid-19 – Filing and Hearing Arrangements”.

The Competition Appeal Tribunal Registry remains open but in place of the requirement to file a signed original accompanied by a specified number of copies in rules 9(7), 15(6), 30(6), 35(4) and 75(6) of the Competition Appeal Tribunal Rules 2015 the relevant document should be filed electronically by email to registry@catribunal.org.uk.

The time for filing of a specified number of copies as set out in those Rules is extended generally, to be subject to further direction on a case-by-case basis.

Parties should file all other documents electronically and any party wishing to file or serve hard copy documents at the Tribunal should contact the Registry in advance.

The Competition Appeal Tribunal has general power to extend any time limits set by the Rules under rules 19(2)(l) and 53(2)(j), subject to the requirement that for certain time limits under Parts 2 and 3 of the Rules, concerning decisions of public authorities, this may be done only where the Competition Appeal Tribunal is satisfied that the circumstances are exceptional.

No general extension of time is granted but the Competition Appeal Tribunal recognises that the constraints resulting from the current situation are exceptional.

A party should try to give advance notice to the Competition Appeal Tribunal as soon as it anticipates that it may need to request an extension to a time limit as a result of, or to take account of, particular circumstances related to Covid-19 and such notice should also be given to all other parties or intended parties to the proceedings.

Parties are encouraged to reach agreement as to the terms of any extension to be requested from the Competition Appeal Tribunal; any resulting requests for extensions of time in this context will then be considered on a case-by-case basis.

The Competition Appeal Tribunal has power to permit amendments to a notice of appeal or an application for review: rules 12 and 26.

Parties should seek to file their notice of appeal or application in as final form as possible but if circumstances related to Covid-19 make that difficult to achieve, the Competition Appeal Tribunal will be sympathetic to a subsequent application to amend as soon as practicable, provided that any delay is kept to a minimum and that this is consistent with the interests of justice.

Timescales in cases pending before the Competition Appeal Tribunal may be disrupted or lengthened; any hearings listed by the Competition Appeal Tribunal will be subject to confirmation closer to the time.

Written by kerryunderwood

March 31, 2020 at 10:18 am

Posted in Uncategorized

COVID-19: HM COURTS & TRIBUNALS SERVICE PUBLISHES GUIDANCE ON APPLICATIONS TO ADJOURN CIVIL AND FAMILY HEARINGS

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On 20 March 2020, HM Courts & Tribunals Service published a guidance page regarding applications to adjourn civil and family hearings due to coronavirus.

Examples include where a person is confirmed or suspected to have contracted COVID-19, is self-isolating in line with NHS advice, or has childcaring responsibilities related to COVID-19.

Practitioners should note the following key points:

Applications should contain as much information as possible.

It is not necessary to provide medical certificates from a GP.

Information that must be provided includes the date of the hearing, the court case number, the parties’ names and contact details such as email addresses or telephone numbers, the date that the person began self-isolating or contracted COVID-19, and, for those who are particularly vulnerable to COVID-19, details including the person’s age and health condition.

The decision whether to adjourn will remain with the judge, who will consider whether the hearing could take place using audio or video.

HM Courts & Tribunals Service urges parties to use available time to explore the possibility for compromise before agreeing to request an adjournment.

If parties do still wish to make an application to adjourn, it should be made as soon as they know that they will not be able to attend court on the date that has been given for the hearing.

Applications should be posted to the County Court hearing the relevant application.

Contact details can be found on the notice of hearing.

Court staff may waive the application fee for such applications.

If a fee has been waived, a judge will consider the application to adjourn the hearing as quickly as possible, and HM Courts & Tribunals Service will communicate the judge’s decision to the parties.

It will not be possible to appeal the judge’s decision.

If a fee cannot be waived, reasons will be provided by a member of court staff.

The guidance complements the dedicated HMCTS COVID-19 planning and preparation guidance page for all users of courts and tribunals in England and Wales, which was published on 13 March 2020.

Written by kerryunderwood

March 31, 2020 at 10:13 am

Posted in Uncategorized

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