New rules for appeals to the Court of Appeal to apply from 3 October

The procedural rules governing appeals to the Court of Appeal are to be amended and restructured with effect from 3 October 2016.  Key changes include: Removing the automatic right to an oral hearing when renewing an unsuccessful application for permission to appeal. Renewed applications will be determined on the documents unless the judge exceptionally directs … Read more

Final report in Lord Justice Briggs’s Civil Courts Structure Review

Lord Justice Briggs's final report in his review of the future of the civil courts structure was published last week. Key recommendations relevant to commercial parties include: establishing an Online Court, initially for money claims up to £25,000 a substantial increase in the minimum claim value threshold for commencing claims in the High Court – initially … Read more

Supreme Court clarifies status of Privy Council decisions

The Supreme Court has confirmed that, subject to one qualification, the English courts should never follow a decision of the Privy Council if it is inconsistent with a decision that would otherwise be binding on the lower court: Willers v Joyce [2016] UKSC 44.  There was previously some uncertainty as to whether this rule could … Read more

First reported decision transferring case into Shorter Trials Scheme

A recent High Court decision has confirmed the court's jurisdiction to transfer cases into the Shorter Trials Scheme, a streamlined procedure which aims to progress a case through to judgment within about a year of issuing proceedings: Family Mosaic Home Ownership Ltd v Peer Real Estate Ltd [2016] EWHC 257 (Ch). A two-year pilot of the Shorter … Read more

Interim report published in Civil Courts Structure Review

Lord Justice Briggs's interim report in his review of the future of the civil courts structure was published yesterday, 12 January 2016. Key aspects include: Urgent measures are needed to address the current overload in the Court of Appeal, where a 54% increase in work coming in to the court (principally, applications for permission to appeal) has led to massive … Read more