Page 11 - Newcastle News Sep 2017

Annex Listing Request: urgent
Court News
Further Matters raised at the Civil Court User Meeting 27th April 2017
PCOL Lists:
[Possession Claims On Line]
There appears to be too many cases listed in each block and it is taking longer than the allocated time to hear the full list. This appears to be caused by the number of cases that are contested and the amount of time it is taking the duty solicitor to see everyone.
There are four sessions per week, Tuesdays and Thursdays AM and PM. There have been recent difficulties with these lists as a greater number of tenants are attending and seeking advice. The court has experienced recent sessions which have overrun significantly, these have not been the courts fault but caused by having only one duty solicitor. This has now been addressed and an agreement has been reached that there will be at least two duty solicitors on PCOL days.
The Listing Officer will review the PCOL listing guidelines and it will be tabled on the next District Judges Admin meeting being held next week where this can be discussed and any further comments will be circulated. Donna Stafford (Delivery Manager) is looking into the possibility of block listing PCOL. The difficulty in this approach is with the PCOL system itself and it is not yet known if this will be possible – an update will follow.
We will also look into the possibility in introducing an additional list, if even for a short time, as the number of return hearings appears to be increasing.
Breach of Injunctions:
This was raised following an instance where a breach of a civil injunction had occurred and the individual in breach of the injunction was not brought before the court within 24 hours and no return date was given. The respondent was then released and the opportunity was then lost to serve him with notice of the return date.
While this is not satisfactory it appears to be a one off. There is a process in place at Newcastle when a breach is brought before lunch then a criminal court will either adjourn for lunch early or resume late in order to get the matter on. Similarly, where a breach occurs in the afternoon, then the matter will be dealt with before close of play. Where it is not possible to deal with the breach, a return date will be given which will be within 14 days by having the court clerk call the listing team to provide the date.
Chancery Update:
Chancery work is an area currently being focused upon at Newcastle. Local practice for chancery high court work has been to list through Leeds for some time but this is being reviewed. Chancery specialist Judges from Leeds will be sitting at Newcastle every four to six weeks to hear chancery work and there has very recently been a competition advertised for the appointment of a chancery circuit judge to sit permanently at Newcastle who would have a Section 9 ticket to hear High Court Chancery work. Whereas we are still in the early stages every effort is being made to support chancery work at Newcastle. The DCJ encourages Chancery practitioners to get the best possible use out of Newcastle Chancery District Registry.
Cost Budgeting:
This arises out of a case wrongly being listed for cost budgeting having being issued after 6th April 2016 involving a child less than 18 years. This was raised by the DCJ with the District Judges Bench at Newcastle and it was clear that all judges were aware of the provision and if this reoccurs then all that is required is an email to the court for the attention of the District Judge for this to be rectified.
When the issue of dispensing with cost budgeting arises for cases listed before 6th April 2016 then parties seek the agreement of the defendant and then raise it at the cost budgeting appointment should they not agree. His Honour has on occasion, dispensed with costs when involving a child if it is appropriate to do so. Moreover, the court has in any respect, powers to dispense with cost budgeting if it sees fit to do so.
There cannot be a uniform approach to costs budgeting as each case must me decided on its own merits but there can be more consistency and the District Judges Bench have discussed this and will be taking it forward.
Date of the Next Meeting:
The next meeting will be October 26th 2017 in the Judicial Dining Room Newcastle Law Courts.
Case Number
(If appeal give original and appeal number)
Claimant/Applicant
(If appeal identify if appellant or respondent in brackets after name)
Defendant/Respondent
(If appeal identify if appellant or respondent in brackets after name)
Court:
(High Court/County Court, Chancery Division, Chancery Business, Mercantile TCC etc)
Type of Case
(Eg. Probate, boundary dispute etc)
Track (and any value ascribed)
Nature of application(s) (Identifying applicant)
Date of Issue of application
Is the order requested without notice to the other party? If so, for what reason?
Order(s) sought (in summary)
Time Estimate
Level of Judge requested
(Eg. High Court, Section 9, DJ etc)
Listing Requested, degree of urgency and reasons:
(eg. Newcastle Applications day; Leeds Applications day; special appointment)
Any preference as to place of hearing (Newcastle or Leeds): give reasons:
Suitable for a telephone hearing? if so, why?
Specialist Requirements
(Eg. Secure Courtroom, Video Link, Security Risk, Interpreter Required, Disabled Access etc)
Date & Time Listed Venue
Judge