Blogs & opinions
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Journal editorial April 2023
Crowdfunded litigation is probably here to stay, and if properly organised has a legitimate role in holding Government and other large organisations to account
Journal editorial September 2021
The draft rules for holding civil court hearings remotely go further than may feel comfortable with – is there a justification?
Journal editorial June 2021
The future of remote civil court hearings will need the same spirit of collegiality that enabled the collective delivery of the process – and some fresh thinking
Sheriff addresses "confusion" over sanction for counsel
Obtaining sanction for particular work “misconceived”
Legal aid: a 3% rise, and then what?
Ken Dalling offers some thoughts to mark the day of the general increase
Housing damages action raised in wrong forum
Sheriff holds solicitors liable for mistakes as to jurisdiction
Sheriff wrong to decide case when proof part heard
Having ordered a proof and heard some evidence, it had to conclude
What is relevant to granting a reponing note?
Should the court test the quality of the failure to appear?
Letter: SLAB – a chance to respond
How one civil practitioner replied to a customer satisfaction survey
“No order” ruling justified for contact failure contempt
Sheriff entitled to give opportunity to reflect and change
Service on a four year old? The purpose of form F9
Appeal Court appoints reporter to take child's views instead
Unravelling a decree granted in ignorance but not error
Application for recall, rather than appeal, is correct procedure
Courts curb the leeway for party litigants
Two decisions limit ability to frustrate court process
Simple Procedure (Special Claims) Rules delayed till autumn
Drafters to take account of revisions to Core Rules
Case to be made
If the independent legal aid review could not find evidence to support a general rise in fees, what should the response be?
No expenses awarded despite permanence order refusal
Authority entitled to act on report discredited at proof
Counsel: pursuers win sanction in two cases
Guidance provided by Sheriff Appeal Court
Summary decree granted on basis of conviction
Self defence plea had no real prospects of success
QOCS and the dishonesty exception: fair notice?
Court of Appeal upholds finding though no express plea
Taking access to justice seriously
The House of Lords decision on employment tribunal fees elevates this constitutional principle
Advance of the courts
There is momentum behind civil procedure reform, and practitioners need to be alert to have their say
Letter: time to replace the oath?
A measure of choice should be retained for those giving evidence
Letter: time to replace the oath
The court oath should be replaced with a secular equivalent suitable for all
Working with change
The spotlight is turning to making the court reforms work, but the profession will not be found wanting