Law and Rights
Litigation can be hideously expensive. This seems especially so in actions for Defamation (Slander and Libel) and in Boundary Disputes. The previous government had a commitment to looking at reform of libel actions and the present government has stated a wish to take forward reform (including costs). Work done by the Ministry of Justice may be seen at March 2010 report. See also BBC 3rd March 2010.
Boundary disputes between neighbours are another area where some reform of procedure should be considered so as to reduce costs. Perhaps a mandatory requirement to refer the dispute to alternative dispute resolution such as binding arbitration. A very good article on these disputes may be read at "Loathe Thy Neighbour". In a recent case - Charalambous v Welding [2009] EWCA Civ 1578 - the dispute was over a few feet of land worth about £5000 but the costs were almost £250,000. One judge has stated - " ... boundary disputes can be fought with a passion which seems out of all proportion to the importance of what is involved in practical terms."
Lord Justice Jackson's Review of Costs may be seen here.
The Daily Mail 18th May offer another example of this litigation madness.
- Tweeters Beware ~ A Defamatory Tweet ~ Lord Mcalpine V Sally Bercow
Former Conservative Party Chairman Lord McAlpine of West Green brought a libel action against Mrs Sally Bercow - wife of the Speaker of the House of Commons. On 2nd November 2012, BBC Newsnight carried a story relating to child abuse at Bryn Estyn care...
- House Of Lords Reform Bill Abandoned
"Politics is the art of the possible" The House of Lords Reform Bill has been abandoned for this Parliament - see the announcement by Deputy Prime Minister Nick Clegg. Lords reform has been considered in several posts on this blog. It was...
- Overview Of Bills Before Parliament And The Crime And Justice Bill Part 1 (national Crime Agency)
The focus of this post is the government's Crime and Courts Bill which received its 1st Reading in the House of Lords on 10th May. 2nd reading is scheduled for 28th May. However, a few other Bills should be noted including the government's...
- Commission On A U.k. Bill Of Rights
The Ministry of Justice has announced the membership of the Commission charged with examining how human rights apply to the United Kingdom. Under the Chairmanship of former Civil Servant Sir Leigh Lewis there will be eight members, six of which...
- An August Miscellany Of Law
Quite a few items in the news deserve a mention. Here are a few: 1. There is the woman dealt with by Blackpool Magistrates court - (a District Judge took the case) - for urinating on the town's war memorial and peforming a "sex act". ...
Law and Rights
Costs: "Bordering on Despair"
Boundary disputes between neighbours are another area where some reform of procedure should be considered so as to reduce costs. Perhaps a mandatory requirement to refer the dispute to alternative dispute resolution such as binding arbitration. A very good article on these disputes may be read at "Loathe Thy Neighbour". In a recent case - Charalambous v Welding [2009] EWCA Civ 1578 - the dispute was over a few feet of land worth about £5000 but the costs were almost £250,000. One judge has stated - " ... boundary disputes can be fought with a passion which seems out of all proportion to the importance of what is involved in practical terms."
Lord Justice Jackson's Review of Costs may be seen here.
The Daily Mail 18th May offer another example of this litigation madness.
Addendum 24th May 2010: The Times 24th May has published an item by Lord Lester of Herne-Hill QC who is introducing a Private Member's Bill dealing with Defamation Reform. Lord Lester argues that the current law stifles free speech and the use of Conditional Fee Agreements (CFAs) allows lawyers acting for claimants to be enriched at the expense of writers and publishers. The present government is committed to taking forward some reform in this area of the law. Lord Lester's Bill may assist in this process.
Addendum 27th May 2010: Here is a link to Lord Lester's Defamation Bill. Some analysis of it - here.
Addendum 27th May 2010: Here is a link to Lord Lester's Defamation Bill. Some analysis of it - here.
- Tweeters Beware ~ A Defamatory Tweet ~ Lord Mcalpine V Sally Bercow
Former Conservative Party Chairman Lord McAlpine of West Green brought a libel action against Mrs Sally Bercow - wife of the Speaker of the House of Commons. On 2nd November 2012, BBC Newsnight carried a story relating to child abuse at Bryn Estyn care...
- House Of Lords Reform Bill Abandoned
"Politics is the art of the possible" The House of Lords Reform Bill has been abandoned for this Parliament - see the announcement by Deputy Prime Minister Nick Clegg. Lords reform has been considered in several posts on this blog. It was...
- Overview Of Bills Before Parliament And The Crime And Justice Bill Part 1 (national Crime Agency)
The focus of this post is the government's Crime and Courts Bill which received its 1st Reading in the House of Lords on 10th May. 2nd reading is scheduled for 28th May. However, a few other Bills should be noted including the government's...
- Commission On A U.k. Bill Of Rights
The Ministry of Justice has announced the membership of the Commission charged with examining how human rights apply to the United Kingdom. Under the Chairmanship of former Civil Servant Sir Leigh Lewis there will be eight members, six of which...
- An August Miscellany Of Law
Quite a few items in the news deserve a mention. Here are a few: 1. There is the woman dealt with by Blackpool Magistrates court - (a District Judge took the case) - for urinating on the town's war memorial and peforming a "sex act". ...