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.’

Full story

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.’

Full story

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.’

Full story

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.’

Full story

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.’

Full story

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).’

Full story

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.’

Full story

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.’

Full story

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.’

Full story

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.’

Full story

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.’

Full story

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.’

Full story

Litigation Futures, 30th October 2014

Source: www.litigationfutures.com

In re M-F (Children) (Appeal: Case Management: Necessary Delay) – WLR Daily

Posted July 23rd, 2014 in adjournment, care orders, case management, children, delay, law reports by michael

In re M-F (Children) (Appeal: Case Management: Necessary Delay) [2014] EWCA Civ 991;  [2014] WLR (D)  326

‘Section 32(1)(a)(ii) of the Children Act 1989, as amended, required that care cases be concluded within 26 weeks. However, that time limit could be extended if it was necessary to enable the court to resolve the proceedings justly since the 26 weeks rule was not, and must never be allowed to become, a straightjacket, least of all if rigorous adherence to an inflexible timetable risked putting justice in jeopardy.’

WLR Daily, 15th July 2014

Source: www.iclr.co.uk

Lack of legal aid derails contact proceedings – The Guardian

‘The President of the Family Division has adjourned contact proceedings by an unrepresented father pending the Ministry of Justice or any other responsible body to come up with the solution to the problem of one parent suffering an injustice due to the withdrawal of legal aid.’

Full story

UK Human Rights Blog, 10th June 2014

Source: www.ukhumanrightsblog.com

Top family judge adjourns father’s contact case amid legal aid impasse – The Guardian

‘The most senior family judge in England and Wales has asked the justice secretary, Chris Grayling, to explain how a case involving a father’s contact with his son can proceed without legal aid.’

Full story

The Guardian, 9th June 2014

Source: www.guardian.co.uk

The Doctor’s Note – Zenith Chambers

Posted February 14th, 2014 in adjournment, evidence, expert witnesses, health, medical treatment, news by sally

‘We are all sadly familiar with the last-minute application for an adjournment backed
by a doctor’s note, on the grounds that the defendant, claimant or important witness
is unfit to attend Court. Almost inevitably, the note in question is unsatisfactory or
insufficient. It frequently takes the jejune form of “Mrs X is suffering from an anxiety
state and is unfit to attend Court”, and that is all.’

Full story

Zenith Chambers, 5th February 2014

Source: www.zenithchambers.co.uk

Court battle over burial of Richard III adjourned – BBC News

‘The legal battle over where the remains of Richard III should be buried has been adjourned at the High Court. A judicial review will decide whether the procedure that led to his bones being excavated in Leicester and the decision to reinter them at the city’s cathedral, was conducted correctly.’

Full story

BBC News, 26th November 2013

Source: www.bbc.co.uk

European court adjourns prisoner voting case – BBC News

Posted March 27th, 2013 in adjournment, EC law, elections, human rights, news, prisons by tracey

“Human rights judges have adjourned until September consideration of more than
2,300 legal cases against the UK over prisoner voting rights.”

Full story

BBC News, 26th March 2013

Source: www.bbc.co.uk

Wolkowicz and others v Polish Judicial Authority and another – WLR Daily

Posted February 1st, 2013 in adjournment, appeals, EC law, extradition, law reports, mental health by tracey

Wolkowicz and others v Polish Judicial Authority and another: [2013] EWHC 102 (Admin);  [2013] WLR (D)  36

“Although section 25 of the Extradition Act 2003 should be interpreted, wherever possible, to achieve the results sought by article 23(4) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant, it nevertheless gave express power to discharge and was not limited to a temporary postponement save in exceptional cases.”

WLR Daily, 30th January 2013

Source: www.iclr.co.uk

O’Cathail v Transport for London – WLR Daily

Posted January 31st, 2013 in adjournment, appeals, civil justice, employment tribunals, law reports by sally

O’Cathail v Transport for London [2013] EWCA Civ 21; [2013] WLR (D) 31

“An employment tribunal’s decision to refuse a claimant’s application to adjourn a hearing could not be set aside by the Employment Appeal Tribunal unless the tribunal had erred in law.”

WLR Daily, 29th January 2013

Source: www.iclr.co.uk