UK broke law in fewer than 1% of European human rights cases in 2014 – The Guardian

Posted January 30th, 2015 in delay, human rights, news, statistics by sally

‘The United Kingdom was found to have acted unlawfully in fewer than one per cent of the cases lodged against it last year at the European court of human rights (ECHR), it has been revealed.’

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The Guardian, 29th January 2015

Source: www.guardian.co.uk

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High Court sanctions claimant for failing to update budget – Litigtation Futures

Posted January 28th, 2015 in civil procedure rules, costs, delay, media, news, sanctions by tracey

‘A claimant’s failure to update his budget in advance of an unplanned preliminary hearing has led a High Court judge to rule that “every assumption” would be made against him in assessing the costs.’

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Litigation Futures, 28th January 2015

Source: www.litigationfutures.com

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Sir Brian Leveson’s Review of Efficiency in Criminal Proceedings published: Media Release – Judiciary of England and Wales

‘Sir Brian Leveson, The President of the Queen’s Bench Division publishes his review into efficiency in criminal proceedings today (Friday) with a wide ranging set of recommendations. He was asked by the Lord Chief Justice, Lord Thomas to find ways to make criminal justice more efficient and streamlined.’

Full press release

Judiciary of England and Wales, 23rd January 2015

Source: www.judiciary.gov.uk

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Inefficient court system should be streamlined, Leveson says – BBC News

Posted January 23rd, 2015 in case management, civil justice, criminal justice, delay, juries, news by sally

‘A senior judge has set out plans to “streamline” the “inefficient, time consuming and… very expensive” justice system in England and Wales.’

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BBC News, 23rd January 2015

Source: www.bbc.co.uk

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Jason Wilkes jailed over daughter’s MDMA drug death – BBC News

‘A father who supplied his teenage daughter with the drug MDMA and delayed getting medical treatment when she became ill has been jailed for five years and four months for killing her.’

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BBC News, 20th January 2015

Source: www.bbc.co.uk

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Chilcot report on Iraq war delayed until after general election – The Guardian

Posted January 21st, 2015 in delay, elections, inquiries, Iraq, news, public interest, reports, war by sally

‘The six-year-long British inquiry into the 2003 Iraq invasion and its aftermath will not be published before the general election, prompting an outcry from those demanding that the long overdue reckoning should be put before the voters.’

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The Guardian, 21st January 2015

Source: www.guardian.co.uk

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Unrepresented parents in family cases: are errors going unnoticed? – Halsbury’s Law Exchange

Posted January 14th, 2015 in children, delay, families, family courts, litigants in person, news by tracey

‘Is a lack of legal representation in family cases increasing the likelihood of procedural errors going unnoticed? The judgment in Re P (A Child) suggests that there is a pressing need for change by the courts and judiciary.’

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Halsbury’s Law Exchange, 14th January 2015

Source: www.halsburyslawexchange.co.uk

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Munby: legal aid system ‘neither compassionate nor humane’ – Law Society’s Gazette

Posted January 8th, 2015 in adoption, delay, judges, learning difficulties, legal aid, news by sally

‘The president of the Family Division has described as ‘unconscionable’ delays over legal aid funding which have held up a case concerning the removal of a child from his parents.’

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7th January 2015

Source: www.lawgazette.co.uk

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Parents’ legal aid wait to fight enforced adoption of son inhumane, says judge – The Guardian

Posted January 8th, 2015 in adoption, delay, learning difficulties, legal aid, legal representation, news by sally

‘A couple left in “agony” to fight against the enforced adoption of their three-year-old son could be forgiven for thinking they are trapped in a system which is “neither compassionate nor even humane,” the most senior family court judge in England and Wales has said.’

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The Guardian, 7th January 2015

Source: www.guardian.co.uk

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Challenging a Refusal of Permission to Appeal by the Upper Tribunal (Administrative Appeals Chamber) in a Welfare Benefits Case – A Practice Note – Garden Court Chambers Blog

‘Desmond Rutledge provides a practice note on challenging a refusal of permission to appeal by the Upper Tribunal (Administrative Appeals Chamber) in a welfare benefits case.’

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Garden Court Chambers Blog, 6th January 2015

Source: www.gclaw.wordpress.com

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The Separate Representation of Children in Child Abduction Proceedings – Family Law Week

Posted January 7th, 2015 in appeals, child abduction, children, delay, legal representation, news, Supreme Court by tracey

‘Esther Lieu, barrister of 3PB Chambers, explores how the role of children has developed Hague Convention child abduction proceedings.’

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Family Law Week, 6th January 2015

Source: www.familylawweek.co.uk

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Further appeal against European Commission ‘pay for delay’ patent settlement decision – Zenith Chambers

Posted January 6th, 2015 in appeals, delay, EC law, medicines, news, patents by sally

‘The European Commission’s controversial infringement decision relating to ‘pay for delay’ pharmaceutical patent settlements is subject to a further challenge.’

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Zenith Chambers, 23rd December 2014

Source: www.zenithchambers.co.uk

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Regina (Hysaj) v Secretary of State for the Home Department; Fathollahipour v Aliabadibenisi; May v Robinson – WLR Daily

Regina (Hysaj) v Secretary of State for the Home Department; Fathollahipour v Aliabadibenisi; May v Robinson [2014] EWCA Civ 1633; [2014] WLR (D) 538

‘The approach to applications for extensions of time for filing a notice of appeal should be the same as for applications for relief from sanctions and should attract the same rigorous approach.’

WLR Daily, 16th December 2014

Source: www.iclr.co.uk

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Extensions of Time to File Notices of Appeal and Relief from Sanctions: R (on the application of DINJAN HYSAJ) v Secretary of State for The Home Department: Fathollahipour v Aliabadibenisi: May v Robsinson – Zenith PI Blog

‘CPR r.3.9 rears its growling head again…but a more robust approach, nevertheless, should not be taken as encouragement to refuse reasonable extensions of time or to seek tactical advantage in every minor default.’

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Zenith PI Blog, 17th December 2014

Source: www.zenithpi.wordpress.com

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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.’

Full story

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.’

Full story

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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