High Court judge overturns “overly generous interpretation” of relief from sanctions rules – OUT-LAW.com

Posted December 15th, 2014 in appeals, civil procedure rules, delay, disciplinary procedures, interpretation, news by tracey

‘Parties to civil litigation cases have been issued with an important reminder of the need to manage their cases effectively after the High Court overturned an “overly generous interpretation” of the rules governing when relief from sanctions can be granted.’

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OUT-LAW.com, 15th December 2014

Source: www.out-law.com

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Conscious Re-coupling and Succession – Nearly Legal

‘In R (Turley) v LB Wandsworth , the Claimant was the partner of the late Mr Doyle, who was the secure tenant of a property at Battersea Park Rd, London, SW8 from 1995 until his death on 17/3/2012. Mr D and Ms T had 4 children together and they lived at the property throughout, apart from a critically important period of separation between December 2010 and January 2012.

Ms T applied to succeed to the secure tenancy but the council decided that because she had not resided at the property for the 12 months immediately preceding Mr D’s death, she did not qualify to succeed. Ms T brought judicial review proceedings against that decision.’

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Nearly Legal, 14th December 2014

Source: www.nearlylegal.co.uk/blog/

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Tax Tribunal backlog reaches record high – OUT-LAW.com

Posted November 25th, 2014 in delay, judiciary, news, taxation, tribunals by sally

‘The backlog of tax disputes waiting to be heard has reached a new record high with a particular surge in the number of high value cases lodged with the Upper Tribunal, according to Pinsent Masons, the law firm behind Out-Law.com.’

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OUT-LAW.com, 25th November 2014

Source: www.out-law.com

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Terminally ill woman sues over cancer diagnosis delay – BBC News

Posted November 25th, 2014 in cancer, delay, duty of care, health, news, Wales by sally

‘A terminally ill woman who claims a hospital did not treat her suspected cancer as urgent has launched legal action against a health board.’

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BBC News, 24th November 2014

Source: www.bbc.co.uk

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The consequences of non payment of Court fees and the failure to file trial bundles – A recent case considered – Zenith PI Blog

Posted November 24th, 2014 in case management, delay, fees, news, solicitors, striking out by sally

‘Despite solicitors for three claimants failing to pay the relevant court fees, failing to file a pre-trial checklist, and failing to prepare a trial bundle (which caused the trial window to be lost) it was nonetheless inappropriate to strike out the claim- the case was all but ready for trial and the claim was not insubstantial.’

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Zenith PI Blog, 21st November 2014

Source: www.zenithpi.wordpress.com

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Applying interest in damages claims – Competition Bulletin from Blackstone Chambers

Posted November 21st, 2014 in competition, damages, delay, news by tracey

‘In this blog, Enno Eilts, a Senior Consultant, discusses issues connected with the calculation of interest in damages actions.’

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Competition Bulletin from Blackstone Chambers, 18th November 2014

Source: www.competitionbulletin.com

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SRA takes 550 days from first report to refer solicitors to disciplinary tribunal – Legal Futures

‘The time taken between serious misconduct being reported to the Solicitors Regulation Authority (SRA) and a referral to the Solicitors Disciplinary Tribunal (SDT) is 550 days, the regulator has revealed.’

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Legal Futures, 18th November 2014

Source: www.legalfutures.co.uk

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Yarl’s Wood: Undercover tour of detention centre with dreadful reputation for its treatment of asylum seekers – The Independent

‘The Detention Centre in Bedfordshire – privately run, but publicly funded – has a dreadful reputation for its treatment of asylum seekers. Cole Moreton found a way inside to see if its notoriety is deserved.’

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The Independent, 16th November 2014

Source: www.independent.co.uk

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High Court judge blasts lack of judicial resources to meet care proceedings timings – Local Government Lawyer

Posted November 13th, 2014 in care orders, delay, family courts, judges, news by tracey

‘A High Court judge refused to embark on a final hearing in a complex child care case because of lack of time and the absence of any slack in the family court system to allow for an early hearing, it has emerged.’

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Local Government Lawyer, 13th November 2014

Source: www.localgovernmentlawyer.co.uk

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Wind turbines, noise and public information – UK Human Rights Blog

Posted November 10th, 2014 in consultations, delay, judicial review, local government, news, noise, planning by sally

‘An interesting decision about a Council not supplying some key information about a wind turbine project to the public until very late in the day. Can an objector apply to set the grant of permission aside? Answer: yes, unless the Council can show that it would have inevitably have come to the same conclusion, even if the information had been made public earlier.’

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UK Human Rights Blog, 7th November 2014

Source: www.ukhumanrightsblog.com

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High Court judge refuses application by Treasury to lift automatic suspension – Local Government Lawyer

Posted November 5th, 2014 in children, contracts, delay, employment, news, parental rights, public interest, taxation by sally

‘A High Court judge has dismissed an application by the Treasury and two of its agencies to lift an automatic suspension under the Public Contracts Regulations 1996.’

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Local Government Lawyer, 5th November 2014

Source: www.localgovernmentlawyer.co.uk

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IPCC inquiry into North Wales Police paedophile delays – BBC News

Posted November 4th, 2014 in complaints, delay, news, police, sexual offences, Wales by sally

‘The police watchdog is to investigate North Wales Police’s delay in looking into allegations of child sex abuse uncovered by Canadian police.’

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BBC News, 3rd November 2014

Source: www.bbc.co.uk

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Theresa May accused of delaying abuse report publication amid inquiry furore – The Guardian

Posted November 3rd, 2014 in child abuse, delay, disclosure, inquiries, news, reports, sexual offences by sally

‘Theresa May, the home secretary, has been accused of delaying the release of a completed report about the Home Office’s handling of child abuse allegations during the furore about who should chair the new official inquiry into what happened.’

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The Guardian, 2nd November 2014

Source: www.guardian.co.uk

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Companies should not wait to apply to set aside default judgments, says expert, after court makes clear ‘Mitchell’ principles apply – OUT-LAW.com

Posted October 23rd, 2014 in appeals, civil procedure rules, default judgments, delay, news, setting aside by sally

‘Companies hoping to have a default judgment against them set aside must be sure to act quickly, an expert has said, after a recent court decision confirmed what courts must consider when considering an application.’

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OUT-LAW.com, 22nd October 2014

Source: www.out-law.com

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Court of Appeal fires warning over lengthy skeleton arguments – Litigation Futures

Posted October 16th, 2014 in appeals, courts, delay, news by sally

‘Lord Justice Jackson has led the Court of Appeal in issuing a stark warning to advocates over submitting lengthy skeleton arguments, with his fellow judges making it clear that there will be no special treatment of Commercial Court litigation.’

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Litigation Futures, 16th October 2014

Source: www.litigationfutures.com

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High Court attacks “unreasonable and opportunistic” defendants in relief from sanctions ruling – Litigation Futures

Posted October 6th, 2014 in appeals, costs, delay, disciplinary procedures, documents, fees, news, solicitors by sally

‘The High Court has overturned a cost judge’s refusal to grant relief from sanctions that prevented claimant lawyers from recovering their success fees, and instead accused the defendants of “unreasonable and opportunistic” conduct.’

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Litigation Futures, 6th October 2014

Source: www.litigationfutures.com

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Relief from sanctions- Some further guidance – Zenith PI Blog

Posted October 6th, 2014 in appeals, costs, delay, disciplinary procedures, documents, news by sally

‘How should we approach applications for relief from sanctions made by the other side? Elliot Kay considers a recent and useful decision of the High Court.’

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Zenith PI Blog, 6th October 2014

Source: www.zenithpi.wordpress.com

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Feeling the pressure on prisoner release – The Guardian

Posted September 24th, 2014 in budgets, criminal justice, delay, judges, news, parole, prisons by sally

‘David Calvert-Smith leads a parole board confronted by an unprecedented backlog of hearings and little option but to keep inmates waiting in overcrowded prisons.’

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The Guardian, 24th September 2014

Source: www.guardian.co.uk

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Bar Council report claims LASPO 2012 damages access to justice – The Bar Council

Posted September 18th, 2014 in barristers, civil justice, costs, delay, family courts, legal aid, litigants in person, reports by tracey

‘The Bar Council has today published a report, based on interviews and a survey of legal practitioners, assessing the impact of the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) 2012 on our system of justice a year after implementation in April 2013.’

Full report

The Bar Council, 18th September 2014

Source: www.barcouncil.org.uk

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Myles Bradbury: CEOP ‘failed to alert abuse doctor to police’ – BBC News

Posted September 18th, 2014 in delay, doctors, indecent photographs of children, news, police, sexual offences by tracey

‘Child abuse investigators CEOP were told in July 2012 Bradbury bought suspect movies online, but did not act. The National Crime Agency (NCA), which took over CEOP, said a case review took place and action was taken. It said CEOP’s delay in disseminating the information was “unacceptable”.’

Full story

BBC News, 17th September 2014

Source: www.bbc.co.uk

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