Posted by Darryl Allen QC · October 14, 2019 10:11 PM
The appeal is due to be heard in March 2020. PIBA has permission to intervene.
Both parties are obtaining expert evidence from an IFA, property valuation expert, an economist and an actuary. Reports due to be exchanged on 15 November 2019 and parties (including PIBA) have seven days to put questions.
Posted by Darryl Allen QC · October 14, 2019 9:54 PM
The RCJ conducted a further blitz over the summer. Only 21 responses were received to PIBA’s questionnaire. 11 of those responses stated that the hearing was adjourned due to judicial unavailability. PIBA meet with HMCTS London on 4thNovember to discuss the effects of the blitz listing and other London listing issues. Members are strongly encouraged to submit details of their experiences, both good and bad, to any EC member. We are particularly interested in your experiences at the Clerkenwell County Court where HMCTS tell us they have made a concerted effort to improve listing.
Posted by Darryl Allen QC · October 13, 2019 10:01 PM
The pilot has commenced in Manchester and Brentford. It is understood that the intention, at least initially, is for it to cover SCT hearings and hearings involving LIPs. PIBA Members should have received links to the following online forms: (a) pre-pilot survey; and (b) details of individual cases in which they have appeared in the FOH lists. We have alreadyreceived 337 responses to the Manchester pre-pilot survey. PIBA will be preparing a report for the FOH assessors. We need evidence of your experiences to help us do that.
Posted by Darryl Allen QC · October 12, 2019 9:28 PM
This year’s PIBA Richard Davies Annual Lecture was given by Mr Justice Turner, “Compensating Criminals: The Decline and Fall of the Defence of Illegality in Personal Injury Law”. Sir Mark’s comprehensive and thought provoking paper can be accessed here (you will need to be logged in).
Posted by Darryl Allen QC · March 01, 2019 2:11 PM
1. Darryl Allen QC & Derek Sweeting QC have met members of the HMCTS London (Civil) management team to discuss listing practices in the London County Courts, in particular block listing, last minute cancellation of trials and adjournment of trials. It was agreed that HMCTS would investigate listing practices in those Courts with a view to gathering data and information to improve listing. They are due to meet again in March and we will report further when we know more.
2. Derek Sweeting QC has secured Bar Council funding for an independent study of listing practices and their effects upon the administration of justice.
Flexible Operating Hours [“FOH”]
3. Sarah Crowther QC is representing PIBA on the HMCTS FOH Evaluation Advisory Committee, the next meeting of which is on 05.03.19.
4. Richard Whitehall is representing PIBA on the Manchester FOH Pilot Stakeholder Committee, the first meeting of which was on 28.02.19.
5. Steps are being taken to secure representation for PIBA on the Brentford pilot.
6. Stephen Kenny QC and Charlotte Reynolds, members of the Bar Council Ethics Committee, spoke at the PIBA London Winter Conference on ethical issues for personal injury practitioners. Their power point presentation has been placed on the PIBA website and can be accessed here (you will need to be logged into the website). Charlotte and Derek Sweeting QC will be giving an ethics lecture at the Annual conference in Oxford when these issues can be discussed further.
Swift v. Carpenter
7. PIBA is hoping to intervene in the Roberts v Johnstone appeal in Swift v Carpenter. PIBA knows no more about the date of the appeal beyond what is stated on the Court of Appeal case tracker – namely that it has a hearing date of “by 31 July 2019”
As ever, if you have any information or questions you wish to bring to the attention of the EC, please contact your Circuit Rep or any office holder on the EC.
Darryl Allen QC