Understandable Relief – CPR 3.9 Appeal – Late Filing Of Costs Budget – Zenith PI

Posted October 17th, 2017 in appeals, budgets, civil procedure rules, costs, delay, news by tracey

‘I recently represented the Claimant/Appellant before HHJ Gosnell in Leeds in relation to an appeal against the refusal of an application for relief from sanctions at first instance. The appeal was successful, with relief being granted and the Claimant being permitted to rely on his costs budget, despite it having been served over two months late, rather than being treated as having filed a budget comprising only the applicable court fees.’

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Zenith PI, 16th October 2017

Source: zenithpi.wordpress.com

Whalley v Advantage Insurance [2017]: Costs Consequences Following the Late Acceptance of Part 36 Offers in Fixed Costs Cases – Zenith PI Blog

Posted October 12th, 2017 in civil procedure rules, costs, delay, insurance, news, part 36 offers, personal injuries by sally

‘The Claimant brought a claim for personal injury arising out a road traffic accident which took place on 11th July 2014. The Claimant went on to make a Part 36 offer to accept an 85/15 split on liability dated 7th December 2015. The Defendant’s time for accepting the offer expired on 30th December 2015. The Defendant did not in fact accept the Claimant’s Part 36 offer until 29th January 2016. The delay in accepting the offer was therefore just under one month post expiry. Quantum was agreed in the sum of £10,000 which was paid. The issue was whether the Claimant’s costs were limited to fixed costs for the entire action or whether the Claimant was entitled to either assessed costs or indemnity costs for the period 30th December 2015 to 29th January 2016.’

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Zenith PI Blog, 11th October 2017

Source: zenithpi.wordpress.com

High Court denies claimants relief from sanctions after “serious and substantial default” – Litigation Futures

Posted October 10th, 2017 in claims management, delay, news, sanctions, service by sally

‘The High Court has rejected an application for relief from sanctions from claimants found to be in “serious and substantial” default by serving their particulars of claims three months late.’

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Litigation Futures, 10th October 2017

Source: www.litigationfutures.com

When is a financial agreement between a separating couple binding? – Family Law

Posted October 9th, 2017 in agreements, appeals, delay, disclosure, divorce, financial provision, news by sally

‘In the case of Briers v Briers [2017] EWCA Civ 15, Mrs Briers (W) issued financial remedy proceedings 11 years after she separated from Mr Briers (H), and eight years after H alleged they had reached a concluded agreement settling their financial affairs. The Court of Appeal found that the parties had not reached a concluded agreement, despite both acting on the agreement including the transfer of assets to one another. W could, therefore, bring further financial claims against H.’

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Family Law, 6th October 2017

Source: www.familylaw.co.uk

Who knows where the time goes? – Practical Law: Construction Blog

Posted October 5th, 2017 in construction industry, contracting out, contracts, damages, delay, news, time limits by tracey

‘Einstein famously said that the distinction between past, present and future is only a stubbornly persistent illusion. The nature of time is not an easy concept to grapple with and I had a similar (albeit not quite so ethereal) experience preparing a recent seminar on the practical effect of the decision in Carillion Construction v Emcor Engineering Services relating to contiguous (or rather non-contiguous) extensions of time.’

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Practical Law: Construction Blog, 2nd October 2017

Source: constructionblog.practicallaw.com

High Court enforces contractual provision allocating responsibility for concurrent delay to contractor – OUT-LAW.com

Posted October 4th, 2017 in construction industry, contracts, delay, news by sally

‘The High Court has found that a clause in a construction contract which allocates the risk of concurrent delays to the contractor is valid and enforceable.’

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OUT-LAW.com, 3rd October 2017

Source: www.out-law.com

Home Office visa delays ‘inhumane’ – BBC News

Posted October 3rd, 2017 in bills, delay, immigration, news by sally

‘Economic migrants are living in administrative limbo without passports for up to two years because of Home Office delays, figures show.’

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BBC News, 3rd October 2017

Source: www.bbc.co.uk

Council agrees to review 500+ benefit applications after tribunal appeal delays – Local Government Lawyer

Posted September 28th, 2017 in appeals, benefits, delay, news, social security, tribunals by sally

‘A city council has agreed to review more than 500 benefit applications after the Local Government and Social Care Ombudsman found delays in its appeals process.’

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Local Government Lawyer, 27th September 2017

Source: www.localgovernmentlawyer.co.uk

BSB makes unprecedented public apology to QC over investigation failures – Legal Futures

Posted September 20th, 2017 in barristers, delay, news, professional conduct by sally

‘The Bar Standards Board (BSB) issued an unprecedented public apology to a QC yesterday for the errors and delays it made in clearing him of misconduct.’

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Legal Futures, 20th September 2017

Source: www.legalfutures.co.uk

Judge attacks Department for Work and Pensions for failing to tackle benefits cheats – Daily Telegraph

Posted September 13th, 2017 in benefits, delay, fraud, government departments, judges, news by tracey

‘A judge has attacked the Department for Work and Pensions for failing to tackle benefits cheats and said he thinks they should be forced to pay back money sooner.’

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Daily Telegraph, 12th September 2017

Source: www.telegraph.co.uk

Uncertainty of prognosis is no excuse for late acceptance of Part 36 offer – Zenith PI

Posted September 8th, 2017 in delay, news, part 36 offers, personal injuries by tracey

‘Briggs v CEF Holdings Ltd (2017) CA (unreported). It is not uncommon for a defendant to make a part 36 offer early on in proceedings before the full prognosis is known. The frequency with which claimant representatives are faced with the difficulty of advising clients in these circumstances does not reduce its impact.’

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Zenith PI, 8th September 2017

Source: zenithpi.wordpress.com

Judge condemns Amber Rudd for ignoring orders to release torture victim – The Guardian

Posted August 24th, 2017 in arson, asylum, delay, detention, news, torture, victims by sally

‘A high court judge has said she is “deeply concerned” about the behaviour of Amber Rudd for failing to release a survivor of torture from detention despite repeated court orders requiring her to do so.’

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The Guardian, 23rd August 2017

Source: www.theguardian.com

F1 personality ordered to pay part 36 indemnity costs over failure to engage in settlement – Litigation Futures

Posted August 10th, 2017 in costs, delay, news, part 36 offers by tracey

‘The High Court has ordered well-known Formula 1 personality Eddie Jordan to pay indemnity costs after he accepted a “very historic” £15,000 part 36 offer that was still open on the eve of trial – and which was £85,000 less than he had been offered a year earlier.’

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Litigation Futures, 10th August 2017

Source: www.litigationfutures.com

IPCC says sorry to woman handcuffed in cell for 11 hours while pregnant – The Guardian

Posted August 3rd, 2017 in complaints, delay, misfeasance in public office, news, police, pregnancy, restraint by tracey

‘The police watchdog has apologised to a dying mother for investigative failings after she was stripped and handcuffed in a police cell for 11 hours while pregnant.’

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The Guardian, 2nd August 2017

Source: www.theguardian.com

Family court delay risking lives, says charity – BBC News

Posted July 27th, 2017 in children, delay, domestic violence, family courts, news by tracey

‘Domestic violence campaigners say they are very concerned plans to protect children from violent parents during custody battles have been delayed. Changes to family court guidelines were announced in January, but still have not been signed off by the government.’

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BBC News, 27th July 2017

Source: www.bbc.co.uk

Flesh-eating bug amputee who ‘slipped through A&E net’ to receive over £1m in damages – Daily Telegraph

Posted July 20th, 2017 in damages, delay, health, medical treatment, news by tracey

‘A father who lost a leg and fingers to a flesh-eating bug after he was “lost in the system” at a busy NHS hospital has won the right to million-pound damages.’

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Daily Telegraph, 19th July 2017

Source: www.telegraph.co.uk

Judge refuses permission in latest state aid challenge over sports stadium – Local Government Lawyer

Posted July 19th, 2017 in delay, evidence, judicial review, leases, local government, news, sport, state aids by sally

‘A High Court judge has refused the owners of Coventry City Football Club permission to seek judicial review in their latest state aid challenge over decisions taken by Coventry City Council.’

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Local Government Lawyer, 18th July 2017

Source: www.localgovernmentlawyer.co.uk

Airlines ‘refusing to pay out on flight delay compensation’ – Daily Telegraph

Posted July 3rd, 2017 in airlines, complaints, delay, news by tracey

‘Airlines are refusing to pay passengers compensation for flight delays and cancellations, new analysis by the consumer watchdog Which? has revealed.’

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Daily Telegraph, 1st July 2017

Source: www.telegraph.co.uk

Amber Rudd urged to publish report on deaths in police custody – The Guardian

Posted July 3rd, 2017 in death in custody, delay, news, reports, statistics by tracey

‘The home secretary has been accused of sitting on a report from a critical inquiry into deaths in police custody.’

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The Guardian, 2nd July 2017

Source: www.theguardian.com

Judge punishes firm that placed ‘scant importance’ on court orders – Law Society’s Gazette

Posted June 15th, 2017 in civil procedure rules, delay, law firms, news, striking out by sally

‘The High Court has refused a personal injury firm relief from sanctions after an excoriating analysis of its non-compliance with court orders.’

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Law Society's Gazette, 13th June 2017

Source: www.lawgazette.co.uk