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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Ban on legal highs delayed over concerns law is not enforceable – The Guardian

Posted March 31st, 2016 in delay, drug abuse, drug offences, legislation, news by sally

‘The government’s blanket ban on legal highs that was due to come into effect on 6 April has been postponed for at least a month, the Home Office has said.’

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The Guardian, 30th March 2016

Source: www.guardian.co.uk

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Family member of EU national awarded £136,000 damages against Home Office – Free Movement

‘A High Court judge has awarded the family member of an EU national a total of £136,048 in damages. The award consists of £76,578 for false imprisonment and £59,470 for breach of EU law. The Home Office is also criticised for having made “inaccurate and misleading” submissions to previous judges on multiple occasions and the damages include not just compensatory damages for lost earnings and distress but also special damages, aggravated damages and exemplary damages.’

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Free Movement, 30th March 2016

Source: www.freemovement.org.uk

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Ched Evans rape appeal decision delayed until April – BBC News

Posted March 24th, 2016 in appeals, Criminal Cases Review Commission, delay, news, rape by tracey

‘The Court of Appeal will not give its decision on an appeal by footballer Ched Evans against his conviction for rape until April, judges have said.’

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BBC News, 23rd March 2016

Source: www.bbc.co.uk

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‘Key evidence missing’ from police investigation into Shoreham air show, inquest reveals – Daily Telegraph

Posted March 23rd, 2016 in accidents, aircraft, delay, evidence, inquests, news, police, prosecutions by tracey

‘The police investigation into the plane crash at the Shoreham Airshow – which killed 11 people – is being delayed as detectives are being forced to seek permission from the courts to gain access to key information from the Air Accidents Investigation Branch (AAIB), a pre-inquest review has heard.’

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Daily Telegraph, 22nd March 2016

Source: www.telegraph.co.uk

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A bolt out of the blue – another winning strike for delayed flight claimants – No. 5 Chambers

Posted March 22nd, 2016 in airlines, appeals, compensation, delay, news, regulations by sally

‘In January, there was yet another twist in the plot of the ever-developing law regarding delayed flights. This time it came from Her Honour Judge Melissa Clarke, sitting at Luton County Court, in the matter of Evans v Monarch Airlines.’

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No. 5 Chambers, 16th March 2016

Source: www.no5.com

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Court of Appeal case: Gentry v Miller & UKI [2016] EWCA Civ 141 – Park Square Barristers

Posted March 22nd, 2016 in appeals, default judgments, delay, fraud, insurance, news by sally

‘This Claim concerns an alleged road traffic accident on 17th March 2013 when UKI’s insured, Mr Miller, is alleged to have negligently driven into Mr Gentry causing him personal injuries and losses. UKI received no co-operation from Mr Miller, but in February 2014 discovered that he knows Mr Gentry. This then formed the basis of an allegation of a fraudulent collusion and the desire for UKI to put and argue this allegation of fraud at Trial.’

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Park Square Barristers, 14th March 2016

Source: www.parksquarebarristers.co.uk

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Council ordered to pay damages to boy over delay in revoking placement order – Local Government Lawyer

Posted March 18th, 2016 in damages, delay, local government, news, placement orders by tracey

‘A Family Court judge has ordered a council to pay a 10-year-old boy £5,000 in damages after it failed for three years to seek to revoke a placement order.’

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Local Government Lawyer, 15th March 2016

Source: www.localgovernmentlawyer.co.uk

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Jackson takes hard line on firm’s late court document – Law Society’s Gazette

Posted March 17th, 2016 in appeals, default judgments, delay, documents, judges, law firms, news by tracey

‘Lord Justice Jackson has upheld a £211,000 claim won by default after the defendant missed their final chance to submit a court document.’

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Law Society’s Gazette, 15th March 2016

Source: www.lawgazette.co.uk

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Court of Appeal teaches insurer “harsh” lesson on relief from sanctions – Litigation Futures

Posted March 11th, 2016 in appeals, default judgments, delay, fraud, insurance, news, sanctions by tracey

‘An insurance company which was dilatory in dealing with a personal injury claim and only alleged fraud after default judgment had been entered has been refused relief from sanctions by the Court of Appeal in a decision it acknowledged may seem “harsh”.’

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Litigation Futures, 10th March 2016

Source: www.litigationfutures.com

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