High Court dismisses first test case in second wave of Mau Mau claims – Litigation Futures

Posted August 13th, 2018 in colonies, delay, limitations, news, personal injuries, torture by sally

‘The High Court has dismissed the first test case brought as part of a second wave of Mau Mau group litigation, following the British government’s settlement of over 5,000 claims for £19.9m in 2013.’

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Litigation Futures, 10th August 2018

Source: www.litigationfutures.com

Part 36: no presumption in favour of indemnity costs on late acceptance – Hailsham Chambers

Posted August 7th, 2018 in costs, delay, indemnities, news, part 36 offers, time limits by sally

‘Where a defendant accepts a claimant’s Part 36 offer after expiry of the 21 day period, many claimants (and legal commentators) have argued that the claimant should be entitled to recover indemnity costs from the expiry of the relevant period, just as they would if the case had gone to trial and the same result had been achieved. This argument has been particularly attractive to claimants where fixed costs apply, as an order for indemnity costs will allow the claimant to recover more than fixed costs. A number of County Court Judges and District Judges have accepted this argument in PI actions to which fixed costs apply.’

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Hailsham Chambers, 23rd July 2018

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Not NPPF2: A case about prior approval applications and appeals – No. 5 Chambers

Posted August 7th, 2018 in appeals, delay, news, planning, telecommunications by sally

‘As Parliament rises for the summer recess it leaves us with a revised Framework and a call for evidence on the appeals system. As a diversion from the commentary on the former, and of some relevance to the later, this note looks at a case on prior approval for PD.’

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No. 5 Chambers, 26th July 2018

Source: www.no5.com

Does AYBS cue the introduction of a fast track approach for the Coroner? – Park Square Barristers

Posted August 7th, 2018 in burials and cremation, delay, inquests, Judaism, news by sally

‘Lorraine Harris looks at the recent case of Adath Yisroel Burial Society (AYBS) and its impact on how the Coroner should approach requests for the expedition of cases.’

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Park Square Barristers, 20th July 2018

Source: www.parksquarebarristers.co.uk

Costs blow for tardy defendant with ‘worse than hopeless’ case – Law Society’s Gazette

Posted August 6th, 2018 in costs, delay, hospitals, indemnities, negligence, news, part 36 offers, time limits by sally

‘Civil claimants despairing at Part 36 costs rules have a ray of hope following a court’s decision to swing the pendulum their way again. In Holmes v West London Mental Health NHS Trust the High Court ruled last week that a defendant party who waited 15 months to accept a Part 36 offer must pay indemnity costs covering the period of delay.’

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Law Society's Gazette, 3rd August 2018

Source: www.lawgazette.co.uk

Judge orders indemnity costs against NHS trust for outrageous “bimbling” – Litigation Futures

Posted August 2nd, 2018 in costs, delay, hospitals, judgments, news by tracey

‘The High Court has hammered both sides in a medical negligence case involving a mentally ill woman for outrageous “bimbling”. His Honour Judge Gore QC, sitting as a High Court judge, said the word – which means to move at a leisurely pace – was used by one of his daughters.’

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Litigation Futures, 2nd August 2018

Source: www.litigationfutures.com

Concurrent delay risk can be allocated by contract, confirms Court of Appeal – OUT-LAW.com

Posted August 1st, 2018 in construction industry, contracts, delay, news by sally

‘Parties to building contracts are free to agree on how to allocate the risk of concurrent delay to works, the Court of Appeal ruled on Monday.’

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OUT-LAW.com, 30th July 2018

Source: www.out-law.com

One year on: 80% of tribunal refunds unpaid – Law Society’s Gazette

Posted August 1st, 2018 in delay, employment tribunals, fees, news, repayment by sally

‘Thousands of claimants who paid fees to bring an employment tribunal claim continue to be out of pocket one year on from a damning Supreme Court ruling that rendered fees unlawful.’

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Law Society's Gazette, 30th July 2018

Source: www.lawgazette.co.uk

CoA: Claimant limited to fixed costs even where Part 36 accepted late – Law Society’s Gazette

Posted July 24th, 2018 in appeals, costs, delay, news, part 36 offers, personal injuries by tracey

‘Fixed costs apply to low-value claims even when the defendant has waited more than 18 months to settle the claim, the Court of Appeal ruled today. In the long-awaited Hislop v Perde judgment, Lord Justice Coulson said the claimant could not argue that the delay – even with no apparent justification – triggered an ‘exceptional circumstances’ provision set out in Civil Procedure Rules.’

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Law Society's Gazette, 23rd July 2018

Source: www.lawgazette.co.uk

Tommy Robinson jail sentence appeal delayed by judges – BBC News

Posted July 19th, 2018 in appeals, contempt of court, delay, news, sentencing by tracey

‘Judges have delayed their decision in an appeal by far-right activist Tommy Robinson against his conviction and jailing for contempt of court.’

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BBC news, 18th July 2018

Source: www.bbc.co.uk

Whiplash reforms delayed a year to April 2020 – Legal Futures

Posted July 17th, 2018 in delay, news, personal injuries, small claims by tracey

‘Implementation of the government’s whiplash reforms is to be delayed by a year to April 2020, the Ministry of Justice (MoJ) has announced.’

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Legal Futures, 17th July 2018

Source: www.legalfutures.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

Delaying disclosure for effective investigation – UK Police Law Blog

Posted June 12th, 2018 in delay, disclosure, news, police, reports by sally

‘The Family Division of the High Court in G v G (Chief Constable of Dorset Police intervening) [2018] EWHC 1100 (Fam) ordered that the service and disclosure of a CAFCASS report be delayed for a week in order to allow an effective police investigation into allegations that the father had sexually abused one of the children. The judgment of 4 May 2018 was delivered in private and Holman J gave leave for an anonymised version to be published one week later, stating that the decision had been made upon the Court “being asked to take a very unusual course” in “a very unusual application”.’

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UK Police Law Blog, 11th June 2018

Source: ukpolicelawblog.com

Nearly half of train operators misleading passengers over compensation rights – Daily Telegraph

Posted June 11th, 2018 in compensation, consumer protection, delay, news, railways by sally

‘Nearly half of train firms are misleading passengers over their right to claim compensation for extra costs caused by delays, a Which survey has found.’

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Daily Telegraph, 11th June 2018

Source: www.telegraph.co.uk

Chief Coroner publishes new guidance following Mary Hassell JR – UK Human Rights Blog

Posted May 22nd, 2018 in burials and cremation, coroners, delay, human rights, news by sally

‘The Chief Coroner has issued guidance following the judgment of the Divisional Court in R (Adath Yisroel Burial Society) v Senior Coroner for Inner North London [2018] EWHC 969 (Admin) (“the AYBS Case”).’

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UK Human Rights Blog, 18th May 2018

Source: ukhumanrightsblog.com

Oxford student wrongly accused of rape endured two years of hell because police were too busy with Jimmy Savile cases – Daily Telegraph

Posted May 18th, 2018 in Crown Prosecution Service, delay, evidence, news, police, prosecutions, rape, reports by tracey

‘An Oxford University student spent two years on bail accused of rape because police claimed they were too busy dealing with other reports in the wake of the Jimmy Savile scandal, a damning report has revealed.’

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Daily Telegraph, 17th May 2018

Source: www.telegraph.co.uk

Delayed service sufficient to strike out freezing orders – OUT-LAW.com

Posted May 17th, 2018 in appeals, banking, delay, documents, freezing injunctions, news, striking out by tracey

‘The Court of Appeal has upheld a decision to strike out freezing orders granted on behalf of French bank Société Générale (SocGen), after finding that the bank had taken too long to issue the relevant claim forms.’

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OUT-LAW.com, 16th May 2018

Source: www.out-law.com

Don’t use ‘cab rank’ system for burials, coroners to be told – Daily Telegraph

Posted May 14th, 2018 in burials and cremation, coroners, delay, islamic law, Judaism, news by sally

‘Coroners across the country are to be formally instructed to take into account the religious requirements of families when deciding whether to prioritise the burial of their dead, in the wake of a High Court ruling.’

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Daily Telegraph, 12th May 2018

Source: www.telegraph.co.uk

HMCTS behind schedule on “ambitious” court reform programme, says watchdog – Local Government Lawyer

Posted May 11th, 2018 in budgets, civil justice, courts, criminal justice, delay, electronic filing, news by sally

‘HM Courts Service is behind where it expected to be at this stage of its ambitious reform programme, the National Audit Office has warned.’

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Local Government Lawyer, 10th May 2018

Source: www.localgovernmentlawyer.co.uk

ECHR Articles 9 and 14 – Local Government Law

‘In R (Adath Yisroel Burial Society) v Senior Coroner for Inner North London (2018) EWHC 969 (Admin) a Divisional Court (Singh LJ and Whipple J) observed (paragraph 94) that in Eweida v UK the ECtHR emphasized the importance of the rights set out in Article 9, and stated that there are several things of importance to note about the terms of Article 9.’

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Local Government Law, 1st May 2018

Source: local-government-law.11kbw.com