Government admits defeat in bid to introduce fixed costs in clinical negligence on 1 October – Litigation Futures

‘The government has admitted that it will not be able to introduce fixed recoverable costs for clinical negligence cases on 1 October as planned.’

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Litigation Futures, 31st May 2016

Source: www.litigationfutures.co.uk

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Cuts have left court system ‘close to breaking point’ and have put its credibility at risk, MPs warn – The Independent

Posted May 27th, 2016 in budgets, criminal justice, delay, news, select committees by tracey

‘Inquiry finds that a shortage of judges is contributing to two-thirds of trials in the Crown Court being delayed, or not going ahead at all.’

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The Independent, 27th May 2016

Source: www.independent.co.uk

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Benefit sanctions lead claimants to suicide, crime and destitution, warns damning report – The Independent

Posted May 25th, 2016 in benefits, delay, local government, mental health, news, sanctions, suicide by sally

‘Benefit sanctions are “devastating” for claimants and can lead to destitution, crime, suicide, and throw up barriers to employment, a wide-ranging report probing the effects of removing payments from Salford’s residents has claimed.’

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The Independent, 25th May 2016

Source: www.independent.co.uk

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Mau Mau lawsuit due to begin at high court – The Guardian

‘Compensation claims for torture, rape, wrongful detention and forced labour brought by 40,000 Kenyans who allege they were mistreated by British officials during the Mau Mau insurgency are due to be heard in the high court in London on Monday.’

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The Guardian, 22nd May 2016

Source: www.guardian.co.uk

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High Court rejects defendant’s bid to withdraw admission of liability – Litigation Futures

‘A defendant cannot withdraw an admission of liability because the value of a claim has increased, the High Court has ruled.’

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Litigation Futures, 19th May 2016

Source: www.litigationfutures.com

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Legal Services Board makes the case for regulatory independence – Legal Futures

‘The lack of independence between the legal regulators and representative bodies risks undermining the credibility of regulation and allows the likes of the Law Society and Bar Council to delay reforms that would benefit competition, the Legal Services Board (LSB) said yesterday.’

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Legal Futures, 11th May 2016

Source: www.legalfutures.co.uk

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Chilcot inquiry: Timeline of events from 9/11 to the announced publication date of the report – The Independent

Posted May 10th, 2016 in delay, inquiries, Iraq, news, reports, war by sally

‘The findings of the long-awaited Chilcot report will be published at the beginning of July – shortly after the EU referendum – a spokesman for the inquiry announced today. Here is a timeline of the events, starting with the attack on the World Trade Centres in 2001 and ending with the announcement of the report’s publication date.’

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The Independent, 9th May 2016

Source: www.independent.co.uk

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Chilcot report on Iraq war to be published on 6 July – The Guardian

Posted May 10th, 2016 in delay, inquiries, Iraq, news, publishing, reports, war by sally

‘The long-awaited Chilcot inquiry into the invasion of Iraq is to be published on Wednesday 6 July, two weeks after the EU referendum.’

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The Guardian, 9th May 2016

Source: www.guardian.co.uk

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Thousands of court cases adjourned due to failures in interpreting services – The Guardian

Posted May 5th, 2016 in adjournment, contracting out, delay, interpreters, news by tracey

‘More than 2,600 court cases have been adjourned over the past five years because of failures in the interpreting service, according to figures released by the Ministry of Justice.’

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The Guardian, 4th May 2016

Source: www.guardian.co.uk

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Time to challenge appeal begins at date of award, says High Court – OUT-LAW.com

Posted May 3rd, 2016 in appeals, arbitration, delay, fees, news, time limits by tracey

‘The time allowed to challenge an arbitration award begins on the date that the award is made, and not when the parties receive it, the High Court in England has said.’

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OUT-LAW.com, 29th April 2016

Source: www.out-law.com

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Regina (Al-Saadoon and others) v Secretary of State for Defence (No 2) – WLR Daily

Regina (Al-Saadoon and others) v Secretary of State for Defence (No 2) [2016] EWHC 773 (Admin)

‘The claimants brought public law claims in the courts of the United Kingdom arising out of the British military involvement in Iraq between 2003 and 2009. The claims involved allegations of ill-treatment and in some cases unlawful killing, of Iraqi civilians by British soldiers. By their claims for judicial review the claimants sought court orders requiring the Secretary of State to investigate alleged human rights violations. Issues arose relating to the UK’s obligations under articles 2 and 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, including (i) the nature and scope of the state’s substantive obligation under article 2 of the Convention in relation to the use of lethal force while seeking to quell riots and uphold law and order during the occupation of Iraq, (ii) when the investigative duty under article 2 arose in such circumstances and (iii) the effect of delay on the investigative duties under articles 2 and 3 where the allegations of breach of the substantive rights were made many years after the incidents in question.’

WLR Daily, 7th April 2016

Source: www.iclr.co.uk

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Jackson proposes decoupling new bill of costs from J-Codes in bid to break “deadlock” – Litigation Futures

Posted April 25th, 2016 in civil procedure rules, codes of practice, costs, delay, electronic filing, news by sally

‘The new format bill of costs developed by the Hutton committee needs to be brought into use – perhaps from October 2017 – but should be decoupled from the J-Codes to make it more palatable to the profession, Lord Justice Jackson said last week in a bid to restart momentum towards one of the unfinished elements of his reforms.’

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Litigation Futures, 25th April 2016

Source: www.litigationfutures.com

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Direct access barrister ‘no substitute’ for solicitor – judge – Law Society’s Gazette

‘Direct access barristers are no substitute for experienced solicitors, a judge has told a court, ruling that a woman was not advised on the proper process for appealing her council tax liability. ‘

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Law Society’s Gazette, 24th April 2016

Source: www.lawgazette.co.uk

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Legal aid cuts have led to surge in DIY defence, says charity – The Guardian

‘Miscarriages of justice and long delays in the criminal justice system are becoming more common because a growing number of people are having to represent themselves in court, legal experts have warned.’
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The Guardian, 23rd April 2016

Source: www.guardian.co.uk

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Adoption: A Vision for Change – permanency and ‘the last resort’ – Family Law Week

Posted April 21st, 2016 in adoption, delay, news, reports, social services by tracey

‘Adrian Barnett-Thoung-Holland, pupil barrister at Fourteen, considers how the Department for Education’s proposed four year plan may affect permanency options for children in care.’

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Family Law Week, 17th April 2016

Source: www.familylawweek.co.uk

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Regina (Hussain) v Parole Board of England and Wales – WLR Daily

Posted April 20th, 2016 in delay, human rights, law reports, parole, transfer of proceedings by sally

Regina (Hussain) v Parole Board of England and Wales [2016] EWHC 288 (Admin)

‘The claimant, an indeterminate sentence prisoner, was referred by the Secretary of State to the Parole Board for consideration of his suitability for transfer to open prison conditions for the remaining three years of his minimum custodial term (in accordance with the relevant National Offender Management Service guidance). The purpose of such a transfer was to enable the claimant to demonstrate during that period, and in those conditions, that he no longer posed a level of risk to the public that warranted further detention and could therefore be considered for release at, or shortly after, the expiry of his fixed tariff in 2017. The Board was obliged under the Parole Board Rules 2011 to consider the claimant’s suitability at an oral hearing within 26 weeks of receiving the referral and, although the case was made ready for listing in September 2014, it was only set down in the following February and subsequently heard in May 2015. The defendant accepted that the listing of oral hearings had been subject to substantial delays at the time due to a lack of resources but contended that the claimant had still been moved to open conditions some two years prior to the expiry of his tariff and therefore he had not lost the opportunity to show his suitability for release at the time of his tariff expiry date. The claimant brought a claim for judicial review, contending that the delay in listing the oral hearing was unlawful under common law and in breach of article 5.4 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as it had delayed his transfer to open prison conditions and consequently deprived him of the opportunity to demonstrate his suitability for release at, or shortly after, the expiry of his tariff.’

WLR Daily, 24th February 2016

Source: www.iclr.co.uk

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Chilcot Inquiry into Iraq war to be vetted by spies ahead of summer publication – The Independent

‘Britain’s intelligence agencies are preparing to vet the final version of the Chilcot Inquiry’s report into the Iraq war ahead of publication this summer.’

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The Independent, 10th April 2016

Source: www.independent.co.uk

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Court lenient over seven-day delay in filing costs budget – Law Society’s Gazette

Posted April 7th, 2016 in appeals, budgets, costs, delay, law firms, news by sally

‘A firm which filed its costs budget seven days late due to a change in fee-earner has been granted relief from sanctions on appeal.’

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Law Society’s Gazette, 5th April 2016

Source: www.lawgazette.co.uk

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Press victims ‘betrayed’ by law delay – BBC News

Posted April 6th, 2016 in defamation, delay, inquiries, media, news, privacy by tracey

‘Victims of press intrusion have accused the government of breaking its promise over regulation. The group, which includes Kate and Gerry McCann, says a delay in bringing into law a key part of the Royal Charter agreement is a “betrayal”.’

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BBC News, 6th April 2016

Source: www.bbc.co.uk

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Kate Stanton-Davies death: Trust ‘failed to establish facts’ around death – BBC News

Posted April 4th, 2016 in bereavement, children, delay, hospitals, midwives, news, professional conduct by sally

‘A hospital trust “abdicated its responsibility” in finding out why a baby died six hours after her birth, an independent review has found.’

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BBC News, 1st April 2016

Source: www.bbc.co.uk

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