Family judges must justify delaying final decisions – Court of Appeal – Law Society’s Gazette

Posted September 24th, 2019 in adjournment, delay, family courts, news by tracey

‘Judges have been warned by the Court of Appeal not to adjourn final decisions in family cases simply to “press the pause button”.’

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Law Society's Gazette, 23rd September 2019

Source: www.lawgazette.co.uk

Judge praises LiPs denied adjournment to find solicitors – Litigation Futures

Posted September 20th, 2019 in adjournment, legal representation, litigants in person, news, probate by sally

‘A deputy master hearing a probate dispute in the High Court said the way litigants in person ran their defence justified a decision not to adjourn the case so they could instruct new lawyers.’

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Litigation Futures, 20th September 2019

Source: www.litigationfutures.com

Medical tribunal of former Team Sky doctor Richard Freeman adjourned – The Guardian

Posted March 6th, 2019 in adjournment, disciplinary procedures, doctors, news by sally

‘The medical tribunal of the former Team Sky and British Cycling doctor Richard Freeman, which was due to hear charges that he purchased 30 sachets of banned testosterone for an unnamed rider, has been adjourned and will not be heard until later this year at the earliest.’

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The Guardian, 5th March 2019

Source: www.theguardian.com

CA rules £1m security order to admit late statement was wrong – Litigation Futures

Posted February 18th, 2019 in adjournment, costs, news, service, time limits, witnesses by sally

‘A High Court judge was wrong to order a defendant to make a £1m security for costs payment – almost the sum the claimant was seeking – to rely on a witness statement it had served late, the Court of Appeal has ruled.’

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Litigation Futures, 18th February 2019

Source: www.litigationfutures.com

Children: Public Law Update (August 2018) – Family Law Week

‘John Tughan QC of 4 Paper Buildings reviews recent, important Children Public Law cases.’

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Family Law Week, 15th August 2018

Source: www.familylawweek.co.uk

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