Landmark Chambers’ Post

It is a fundamental rule of law that hearings are to be heard in public. Whether it is painful, humiliating or deterrent - Anything said in open court can be reported upon and those reports can name and shame the parties. However, there are circumstances when hearings are held in private and parties names are substituted with a letter. For example, in the case of XXX v Camden London Borough Council [2020] EWCA Civ 1468. This week’s #AtoZ #toptiptuesday is X for X, Y and Z. Parties cannot just agree between themselves that the hearing will be heard in private. If a party requires a private hearing, they must apply to the court for permission. It is often reserved for special circumstances, such as: - without notice applications; - the protection of children; and - for matters of national security. The court will not likely give its permission simply because a party is concerned about the media fall out thereafter. However, if it is necessary for the administration of justice for the case to be heard in private or for a party to remain anonymous, the court may permit it. For those who do not fall within that exception but need the details to remain private, alternative dispute resolution might be a better option. #Arbitration. #Mediation. #Negotiation. A whole menu of private, often quicker, cheaper alternatives to court proceedings. Private hearings might be appealing to the parties but, for the judiciary, public hearings are the “best security for the pure, impartial, and efficient administration of justice.” (Scott v Scott [1913] AC 417). Whether you need advice on private hearings or you would like to go through the menu of alternative dispute resolution options available to you, feel free to to contact me on LinkedIn or at Griffin Law to discuss. —————— Wait - don’t just take my word for it! My #toptiptuesday updates are not a substitute for bespoke legal advice. If a post gets you thinking, great! Like it, share it and, before you act on it, contact me at Griffin Law to discuss.

Great Blog on why Elder Law Day is important! Thanks to Kim and our very own soon-to-be articling student Lorissa for this!

In this new Crown Office Chambers Commercial Law blog, Freddy Simpson looks at what jurisdiction is and what you need to think about if it is in dispute. Learn more about instructing Frederick here: https://rb.gy/wva050, and Crown Office Chambers’ Commercial Practice Group here: https://t.ly/WOiTB.

🚀 Exciting Update: Case Law Analysis Completed! 📚⚖️ I am excited to share that I have recently completed an in-depth analysis of the landmark case B.K. Narayana Pillai v. Parameswaran Pillai, (2000) 1 SCC 712. This case offers profound insights into the principles governing the amendment of pleadings in legal proceedings. 🔍 Key Highlights: Case Focus: The plaintiff sought eviction of the defendant, alleging he was a licensee. The defendant claimed to be a lessee and sought to amend his written statement to include an alternative plea, arguing that even if deemed a licensee, he should not be evicted. Legal Principles Explored: Amendment of Written Statements: Examining whether a defendant can amend their written statement to include alternative pleas. Withdrawal of Admissions: Considering if the proposed amendment would withdraw an admission made in the initial statement. Order 6 Rule 17 CPC: This rule allows parties to amend pleadings to ensure justice, provided the amendments do not introduce a new cause of action or fundamentally change the case. Key Findings: Judicial Discretion in Amendments: The Supreme Court emphasized the broad discretion courts have to allow amendments in the interest of justice, advocating for a liberal approach. Fair Trial Over Technicalities: The court highlighted that procedural rules should ensure a fair trial, not obstruct justice through technicalities. Compensation with Costs: Amendments can be allowed with compensation to the opposing party to mitigate any potential prejudice. Implications: This case sets a significant precedent, illustrating the judiciary's commitment to a flexible, justice-oriented approach. It underscores the importance of resolving substantive rights over procedural technicalities. 📈 Why This Matters: Understanding this case is crucial for practitioners and scholars. It sheds light on strategic litigation considerations and emphasizes the judiciary's role in ensuring procedural rules serve justice. 🙌 Acknowledgments: A big thank you to my mentors and colleagues for their invaluable guidance and support. Your insights have been instrumental in deepening my understanding of this complex legal issue. 🔗 Stay Connected: I am eager to continue this journey of legal exploration and engage with fellow professionals who share a passion for procedural law and justice. Let's connect and discuss advancing our understanding and application of these legal principles. #CaseLaw #LegalAnalysis #LawResearch #LegalInsights #ProfessionalGrowth #LegalCommunity #BKNarayanaPillai #CivilProcedureCode

In March of this year, the Law Society of BC changed its rules to make Call Ceremonies optional in order to become a lawyer in the province. I have been concerned that the dismantling of the bencher table will mean an end to regional call ceremonies like the one I had the privilege of hosting on March 28 in Kamloops. However, as John Trueman pointed out to me, Bill 21, the government’s proposed overhaul of the regulator actually eliminates Call Ceremonies all together. (See below) While I suspect some will champion this as a necessary step to flatten out “Lawyer Exceptionalism”, this outcome to me would be a tragedy. Indeed many new lawyers would perhaps rather forgo the ceremony (which is now their right), but many still want them and benefit from the experience. 8 Lawyers have requested to be called in Kamloops since I became the bencher, and I have made it my mission to provide them with the honour. However, Call Ceremonies aren’t just for the newly-minted lawyer, they also serve an important public function in providing friends and family members of those being called an opportunity to see the fruits of their labours. For many people coming to participate in the ceremony, it is the only positive thing they will ever see happen in a courtroom. They also give the public a view into the emerging diversity of the profession, and a sense of the importance we place on the office of Barrister and Solicitor. Call Ceremonies are more than just about celebrating “lawyer exceptionalism”. They serve to remind us all of the importance of our independent legal system, built upon the principles of natural Justice, Charter values, and the Rule of Law. That they appear to be a likely casualty of the reforms provides just one more reason why Bill 21 requires some considerable sober second-thought.

Mastering municipal law – that's the Sherr Law Group advantage. Trust us to navigate zoning regulations and public policies. Elevate your understanding of local government matters with Sherr Law Group, your steadfast legal representation. #MunicipalLaw #LegalSupport

The appeals process in real estate law can be a game-changer but is often shrouded in complexity. Did you know that an appeal can provide a second chance to challenge a legal decision?     Whether it’s a dispute over property rights, zoning decisions, or contractual issues, understanding the appeals process is vital. Ashland Medley Law offers specialized knowledge in navigating the appeals process, helping to overturn previous rulings and achieve favorable outcomes for our clients.     Contact us today if you need representation in an appeal, and we will review your case to determine the probability of success.     📞 954.947.1524   📧 [email protected] #appeals #legalservices #legaladvice #attorneys #florida #lawyer #legalprofessionals

#LawyersofLinkedIn, Tune into this three-part seminar hosted by the Frontenac Law Association, (FLA) featuring Charles Hammond as he presents the ins and outs of vesting and rectification orders, Robert Murphy discussing common issues that arise in pleadings, and Zach Flemming-Giannotti discussing the good the bad and the ugly of the recently instituted adjudication regime and its impact on construction projects. Charles Hammond shares advice on initiating rectification applications and obtaining vesting orders. He also gives tips on how to use rectification orders to correct the register, and the role of vesting orders in transferring land titles and correcting errors. Robert Murphy addresses common issues in pleadings, offers a primer on pleadings, emphasizing succinctness and the importance of providing sufficient particulars. He also provides guidance on drafting demands for particulars, considerations before making or responding to such demands, and the process of amending pleadings. Zach Flemming-Giannotti focuses on adjudication, discusses the dispute resolution process, and outlines the types of issues that can be adjudicated. Additionally, he analyzes adjudication resolution statistics that indicate its effectiveness on small-value projects and its slower adoption in non-residential sectors. Need Your CPD hours? Watch the full program on-demand at CPDonline.ca when you get a subscription! https://lnkd.in/eUHRQpwz Come and see the upgraded Law Videos page on our website! ⚙ #Law #lawstudents #lawyers #lawfirmmarketing #lawyerlife #lawyering #lawsuits #lawandlegislation #legalissues #legalprofession #paralegals

FLORIDA SUPREME COURT ADOPTS NEW RULES OF CIVIL PROCEDURE In its ongoing commitment to promoting the fair and timely resolution of civil cases, the Florida Supreme Court has announced amendments to the Rules of Civil Procedure. These changes introduce a structured approach to active case management, emphasizing the importance of meeting deadlines set early on, tailored to the complexity of each case. The amendments become effective January 1, 2025. #floridabar #law #lawfirm #lawyers #attorneys #courts