Alternative dispute resolution – Law Society’s Gazette

‘The recent case of Laporte v The Commissioner for the Police of the Metropolis [2015] EWHC 371 (QB), which came before Turner J (pictured), reinforced the pro-ADR stance of courts and the obligation on parties to seriously consider and engage with ADR processes. Although the case also dealt with indemnity costs, this article specifically focuses upon ADR.’

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Law Society’s Gazette, 2nd March 2015

Source: www.lawgazette.co.uk

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Airlines told to stop delaying flight compensation claims – Daily Telegraph

Posted February 27th, 2015 in airlines, compensation, delay, news by tracey

‘Airlines have been told by a judge in a test case that they cannot keep passengers waiting for compensation for delayed flights. The decision will affect tens of thousands of people demanding compensation for flight delays, according to solicitors representing Kim Allen, the passenger in today’s case.’

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Daily Telegraph, 26th February 2015

Source: www.telegraph.co.uk

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DNA tests to cut courtroom battles – Ministry of Justice

Posted February 18th, 2015 in delay, divorce, DNA, family courts, news by sally

‘DNA tests in family courts will be provided across England from later this year, Justice Minister Simon Hughes has announced.’

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Ministry of Justice, 17th February 2015

Source: www.gov.uk/government/organisations/ministry-of-justice

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Council to pay £17k damages for “truly lamentable” failures in child care case – Local Government Lawyer

Posted February 6th, 2015 in care orders, child abuse, children, damages, delay, local government, news, social services by sally

‘A High Court judge has ordered a county council to pay £17,000 in damages under the Human Rights Act following a “truly lamentable” catalogue of errors, omissions, delays and serial breaches of court orders in a child care case.’

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Local Government Lawyer, 4th February 2015

Source: www.localgovernmentlawyer.co.uk

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Late claimant’s bid to delay trial refused – Law Society’s Gazette

Posted February 4th, 2015 in care homes, costs, delay, news, privilege, time limits, witnesses by sally

‘The High Court has rejected a non-compliant claimant’s plea to set aside a trial date but stopped short of effectively ending the claim altogether.’

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Law Society’s Gazette, 30th January 2015

Source: www.lawgazette.co.uk

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Rehabilitation code “needs to deliver faster results” – Litigation Futures

Posted February 3rd, 2015 in codes of practice, delay, mental health, news, personal injuries, rehabilitation by tracey

‘There should be tight deadlines on all parties to an injury claim – solicitors, insurers and rehabilitation providers – to ensure that rehabilitation achieves as much as it can, according to one well-known rehabilitation case management company.’

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Litigation Futures, 3rd February 2015

Source: www.litigationfutures.com

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“Lamentable”, “egregious” and “wholly indefensible”: High Court lambasts local authority’s conduct of care proceedings – UK Human Rights Blog

Posted February 2nd, 2015 in care orders, children, damages, delay, guardianship, human rights, local government, news by sally

‘A Family Division judge has awarded damages under the Human Rights Act against a local authority in what he described as an “unfortunate and woeful case” involving a baby taken into foster care. Mr Justice Keehan cited a “catalogue of errors, omissions, delays and serial breaches of court orders” by Northamptonshire County Council. Unusually, the judge decided to give the judgment in this sensitive case in public in order to set out “the lamentable conduct of this litigation by the local authority.”’

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UK Human Rights Blog, 1st February 2015

Source: www.ukhumanrightsblog.com

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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.’

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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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