Page 10 - Newcastle News Sep 2017

Court News
Leeds/Newcastle Specialist s9 Judges
Scope of this document
1. This document deals with listing of specialist cases in the Chancery Division, Mercantile Court and TCC and County Court Chancery Business cases, in each case proceeding in Newcastle Upon Tyne, before s9 specialist Judges from Leeds.
2. Nothing in this document affects:
(1) listing arrangements for the Vice-Chancellor which
continue as before;
(2) listing arrangements for DJs;
(3) listing arrangements for Recorders.
Newcastle specialist jurisdiction cases to be dealt with by Newcastle Chancery Team.
3. Cases proceeding in Newcastle will, wherever possible, be dealt with by the Newcastle Chancery team (which also deals with
TCC and Mercantile cases.) The parties’ point of contact in such cases should be through the Chancery team at Newcastle. The Newcastle Chancery team will liaise where necessary with Leeds, which is generally responsible for the list of the s9 Leeds Judges.
4. In all emails sent to Newcastle District registry, the Specialist Jurisdiction as well as the claim number and short case title should be set out in the subject line.
S9 Judge sitting pattern
5. The s9 Judges from Leeds normally sit for a week at a time, 9 months of the year (the “Set Newcastle Weeks”). They are willing to sit in Newcastle in addition to these scheduled times where there is urgency or some other good reason. What is a good reason will depend on the case and will be determined by the s9 Judges following a request from the Newcastle Chancery team (see below). In addition, there is the possibility, in
appropriate cases, of using a fee-paid DHCJ or a Recorder with a Chancery ticket (Chancery Business, County Court) or releasing the matter to a DJ.
6. Any particular reason(s) that the hearing cannot take place other than in Newcastle or that it should take place there should
be provided.
7. In the case of urgent listing applications, the Form at the Annex should be used and completed.
Application Days
8. For a trial period, Friday Applications Days will be re-instated when the s9 Leeds Judges sit in Newcastle. They will be advertised as being on a Friday morning.
9. For listing purposes, the Applications Day will be a 2 hour slot on Friday mornings from 10am. This time-period may be capable of expansion or contraction in particular weeks as
matters develop.
Urgent Applications
(2) by a s9 Judge specially sitting in Newcastle out of the Set Newcastle Week
(3) by a s9 Judge in Leeds at a hearing (usually but not necessarily the Friday applications list in Leeds);
(4) by a s9 Judge in Leeds by telephone; (5) by the VC by telephone
12. In all urgent cases, a form as annexed should be completed. Where lawyers are acting they should be capable of completing most if not all the form. Counter staff may need to assist (eg litigants in person)
Skeleton arguments, combined authorities bundles and draft orders
13. The importance of the prompt delivery of skeleton arguments and combined authorities bundles cannot be over- emphasised. Where Counsel is to be instructed it is important that they are instructed early enough to enable them to fulfil their duties in this respect.
14. Counsel should be provided with, and if not provided with, should ask for, copies of any directions orders in the case dealing with trial preparation. In the absence of specific court order, the relevant specialist guides should be consulted for the relevant timetable for lodging of skeleton arguments etc. Consideration should be given to providing a chronology and list of issues (agreed where possible) in all cases. In County Court, Chancery Business matters, where no order has been made a s9 Judge will normally expect skeleton arguments to be provided two clear days before the hearing.
15. Where draft orders are lodged, before or after a hearing, in Tomlin form or otherwise, an electronic word version should also be lodged at the same time.
16. In drafting Orders, attention is drawn to the provisions of the Chancery Guide regarding (a) the naming of counsel or advocate appearing before the court; (b) the provision for service and the recording of the same which will generally be followed in all three specialist jurisdictions.
Contact details as at May 2017
Leeds Chancery/Circuit Judges Listing
Section Manager – Richard Marsland
Direct tel no 0113 3062460; email: Richard.marsland6@hmets.gsi.gov.uk
Chancery: 0113 3062461
Circuit Judge’s Listing: 0113 3062441
Chancery email address: orders@leeds.districtregistry.gsi.gov.uk Circuit Judge’s email address: hearing@leeds.countycourt.gsi.gov.uk
Newcastle District Registry
Donna Stafford (Delivery Manager (Civil) Helen Tait – Chancery/Insolvency Clerk [Caroline Brent – in Helen Tait’s absence] Tel number: 0191 2012061
Tel number: 0191 2012061
Email address: civil@newcastle.countycourt.gsi.gov.uk
Newcastle Listing Section
Brian Redhead
Stuart Bell
Tel numbers: 0191 2012026 and 0191 2012028
Email address: civil@newcastle.countycourt.gsi.gov.uk
10.
11.
A need for an urgent listing may arise from a need for urgent interim relief (say a freezing or other injunction) or because of the nature of the matter (e.g winding up petitions and associated applications should be dealt with speedily) or because (e.g) case management directions are needed for a trial/hearing which is due to take place before the matter could be heard by a DJ and then given effect to by the parties. Depending on its nature an urgent application may be capable of being dealt with by telephone.
In ascending order of urgency, matters can potentially be heard: (1) by the s9 Judge when sitting in Newcastle in a Set
Newcastle Week or by the VC when sitting in Newcastle;