Late and late again – intentional homelessness and benefit claims – Nearly Legal

Posted July 11th, 2018 in adjournment, delay, homelessness, local government, news by tracey

‘Oduneye v Brent London Borough Council (2018) EWCA Civ 1595. This was a second appeal from a s.204 appeal on Brent’s decision that Ms O was intentionally homeless. Ms O was in person. She had sought an adjournment to seek legal representation but this was a fortnight before the hearing and refused on the basis that she had known of the appeal hearing since permission on 21 October 2017.’

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Nearly Legal, 10th July 2018

Source: nearlylegal.co.uk

Appealing adjournments in misconduct hearings – UK Police Law Blog

Posted June 15th, 2018 in adjournment, appeals, case management, news, police, tribunals by tracey

‘Challenges to a failure to adjourn seem to be popping-up at the moment. There was the recent decision of the Court of Appeal in Solanki v (1) Intercity Telecom Ltd (2) Guidinglight Finance Ltd [2018] EWCA Civ 101 – where a judge had failed to give adequate reasons for rejecting medical evidence justifying an adjournment. By contrast, in the recent decision of Lindsay v Solicitors’ Regulatory Authority [2018] EWHC 1275 (Admin), the respondent in misconduct proceedings failed to advance adequate evidence to support such an application. What lies deeper beneath, however, is whether an appeal against a decision not to adjourn requires the appellate court or tribunal to consider whether the original decision lay within the range of reasonable responses open to the decision maker below or, alternatively, has to determine the question of fairness / correctness itself.’

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UK Police Law Blog, 15th June 2018

Source: ukpolicelawblog.com

When to adjourn a misconduct hearing – UK Police Law Blog

Posted February 12th, 2018 in adjournment, disciplinary procedures, news, police, professional conduct, regulations by tracey

‘When must a police misconduct hearing adjourn the proceedings for the attendance of the respondent officer or even a witness?’

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UK Police Law Blog, 9th February 2018

Source: ukpolicelawblog.com

Inquests open into deaths of four Grenfell Tower fire victims – The Guardian

Posted August 24th, 2017 in adjournment, fire, inquests, news by sally

‘The inquests of four people who died in the Grenfell Tower fire were opened at Westminster coroner’s court on Wednesday.’

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The Guardian, 23rd August 2017

Source: www.theguardian.com

Bar disciplinary tribunal panel recuses itself after barrister complains of bias – Legal Futures

Posted July 25th, 2017 in adjournment, barristers, disciplinary procedures, news, recusal, tribunals by sally

‘The panel of a Bar disciplinary tribunal has taken the highly unusual step of recusing itself after an allegation that it had shown actual or apparent bias against the defendant barrister, Legal Futures can reveal.’

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Legal Futures, 25th July 2017

Source: www.legalfutures.co.uk

Janine Wolstenholme Reviews a Recent Case on Relief from Sanctions – Park Square Barristers

‘The substantive claim was a straight forward, low value personal injury claim arising out of a road traffic accident. Liability was admitted. Trial directions were given, requiring witness statements to be served by 3rd November 2016. At the eleventh hour, the Claimant’s solicitors sought an extension of two weeks from the Defendant, which was agreed (an “indulgence” in the view of the judge on appeal).’

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Park Square Barristers, 27th June 2017

Source: www.parksquarebarristers.co.uk

Strike out of Claim due to Solicitor’s failure to comply with Court Orders – Park Square Barristers

‘In Reece Gladwin v Adrian Bogescu [2017] EWHC 1287 (QB) the Court was concerned with an appeal by the Defendant in a road traffic accident claim against a decision to grant the Claimant relief from sanctions, following late service of the Claimant’s witness evidence.’

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Park Square Barristers, 23rd June 2017

Source: www.parksquarebarristers.co.uk

Fred Goodwin escapes high court appearance as RBS settles lawsuit – The Guardian

Posted June 7th, 2017 in adjournment, banking, class actions, news, shareholders by sally

‘Fred Goodwin has escaped being summoned to the high court to explain his actions during the 2008 financial crisis, after disgruntled shareholders finally reached a settlement with Royal Bank of Scotland.’

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The Guardian, 6th June 2017

Source: www.theguardian.com

High court to hear if RBS has agreed last-ditch deal with shareholders – The Guardian

Posted May 24th, 2017 in adjournment, banking, class actions, compensation, news, shareholders by sally

‘A judge will hear on Wednesday whether a deal has been agreed to avert a legal battle that would force the former RBS chairman Fred Goodwin to give evidence in the high court.’

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The Guardian, 24th May 2017

Source: www.guardian.co.uk

When can a tribunal be forced to pay the costs of judicially reviewing it? – Free Movement

‘“Not often” is the answer. Only if the tribunal acts in an improper way. Incompetence or unlawfulness is not sufficient.’

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Free Movement, 18th May 2017

Source: www.freemovement.org.uk

Collective Proceedings in the CAT: mobility scooters roll on for now – Competition Bulletin from Blackstone Chambers

‘Last Friday the CAT handed down a judgment on the first ever-application for a collective proceedings order under the new regime introduced by the Consumer Rights Act 2015. The judgment will generally be welcomed by potential claimants, but it has a sting in the tail which may cause serious difficulties for class actions in other vertical infringement cases.’

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Competition Bulletin from Blackstone Chambers, 6th April 2017

Source: www.competitionbulletin.com

Dove v Havering LBC – Arden Chambers

‘The Court of Appeal has dismissed an appeal against a decision that two joint tenants had lost security of tenure under the Housing Act 1985 because they no longer occupied the property as their only or principal home.’

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Arden Chambers, 16th March 2017

Source: www.ardenchambers.com

Competition tribunal rejects bid to throw out first opt-out class action application – Litigation Futures

‘The Competition Appeal Tribunal (CAT) has rejected strenuous attempts to dismiss the first application to certify an opt-out class action under the new collective proceedings procedure.’

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Litigation Futures, 5th April 2017

Source: www.litigationfutures.com

Expert Evidence, Adjournment and Proving Loss: A Practical View from the Bar – Littleton Chambers

Posted February 17th, 2017 in adjournment, case management, expert witnesses, news by sally

‘There has recently been a run of cases in which courts have at case and costs management conferences (CCMC) refused permission to a party seeking to call an expert. Such refusals may be made on grounds of relevance, proportionality or because the evidence that is sought to be adduced is, on analysis, not expert evidence at all, as held by the judge in Darby Properties Ltd and another v Lloyds Bank plc [2016] EWHC 2494 (Ch).’

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Littleton Chambers, 11th January 2017

Source: www.littletonchambers.com

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

Planning for Protests – Tanfield Chambers

‘In recent years there have been many high-profile protests on public property; St Paul’s Cathedral and the Parliament Square protests are two of the best known. These resulted in the cases of City of London v Samede and others [2012] EWCA Civ 160 and Hall and others v Mayor of London [2010] EWCA Civ 817. There are also numerous instances of protesters occupying privately-owned commercial land, claiming the protection of human rights defences to stay in possession. Ultimately, the law is against the trespassers but, without swift action, delay can cost the landowner significant sums. These costs are commonly due to the extra security required to prevent further trespassers from entering; the halt to construction or refurbishment works; and the disruption to a working building. It is not uncommon for landowners to incur costs of several hundred thousand pounds while enforcing possession orders against trespassers. Owners would be well advised to plan for such an incursion if there is a risk that their property could be a target.’

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Tanfield Chambers, 19th April 2016

Source: www.tanfieldchambers.co.uk

Setting Aside Notices of Discontinuance and QOCS – Kite v The Phoenix Pub Group – Zenith PI Blog

Posted July 30th, 2015 in adjournment, news, setting aside, striking out by sally

‘The Claimant brought a claim in damages for injuries sustained in November 2014 when he fell into an uncovered man hole in the car park of a pub. Whilst the Defendant company operates a number of pubs it alleged that at the time of the accident the pub was owned, operated and occupied by a different company. The Defendant was asserting that it was not the correct company to pursue.’

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Zenith PI Blog, 27th July 2015

Source: www.zenithpi.wordpress.com

Setting Aside Notices of Discontinuance and QOCS: Kite v The Phoenix Pub Group – Zenith Chambers

Posted July 28th, 2015 in adjournment, costs, news, setting aside, striking out by sally

‘The Claimant brought a claim in damages for injuries sustained in November 2014 when he fell into an uncovered man hole in the car park of a pub. Whilst the Defendant company operates anumber of pubs it alleged that at the time of the accident the pub was owned, operated and occupiedby a different company. The Defendant was asserting that it was not the correct company to pursue.’

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Zenith Chambers, 27th July 2015

Source: www.zenithchambers.co.uk

Last minute adjournment in criminal legal aid appeal – Law Society’s Gazette

Posted March 20th, 2015 in adjournment, appeals, criminal justice, judicial review, legal aid, news by tracey

‘The Court of Appeal has adjourned delivering judgment on the lord chancellor’s criminal legal aid reforms until Wednesday. The case had originally been listed for this morning.’

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Law Society’s Gazette, 19th March 2015

Source: www.lawgazette.co.uk

Senior Costs Judge: bids for adjournments based on Coventry receiving “short shrift” – Litigation Futures

Posted October 30th, 2014 in adjournment, costs, judges, news by sally

‘Applications for adjournments of costs assessment until the Supreme Court’s decision in Coventry v Lawrence are rightly being given “short shrift”, the Senior Costs Judge has said.’

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Litigation Futures, 30th October 2014

Source: www.litigationfutures.com