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”.’

Full Story

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.’

Full Story

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”).’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

Local Government Law, 1st May 2018

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

Coroner defeated over controversial ‘cab-rank’ burial policy – UK Human Rights Blog

‘The Divisional Court has ruled that the Senior Coroner for Inner North London acted unlawfully in adopting a policy that resulted in Jewish and Muslim families facing delays in the burials of family members, contrary to their religious beliefs. The policy was held to amount to an unlawful fetter upon her discretion, and also to be irrational, to breach Articles 9 and 14 of the ECHR and to amount to indirect discrimination contrary to the Equality Act 2010 (“EQA”).’

Full Story

UK Human Rights Blog, 1st May 2018

Source: ukhumanrightsblog.com

Rotherham council told to apologise to abuse whistleblower – The Guardian

‘Rotherham council has been ordered to apologise to a whistleblower who helped to expose the town’s grooming scandal after council officials raided her charity without proper explanation – years after she risked imprisonment by revealing how the council, police and social services turned a blind eye to the abuse of at least 1,400 children.’

Full Story

The Guardian, 18th April 2018

Source: www.theguardian.com

Appeals and clarification of a judge’s reasons: Re P (A Child) – Family Law

Posted April 16th, 2018 in appeals, child abuse, delay, judgments, news, reasons by tracey

‘The recent Court of Appeal decision of Re P (A Child) [2018] EWCA Civ 720 (11 April 2018) concerned T (born we are told ‘in 2000’: ie she is 17 or over, see the Children Act 1989, s 31(3) below) and her younger sister, X. The case operates on a number of levels. The main issue for the Court of Appeal was the judge’s failure to provide a clear and prompt judgment to explain her original determination (communicated in abbreviated form, as explained below); and then to fail to provide the parties with clarification of reasons for her judgment as permissibly requested by them.’

Full Story

Family Law, 13th April 2018

Source: www.familylaw.co.uk

Barristers’ strike over cuts to justice system delays case – BBC News

Posted April 5th, 2018 in barristers, delay, fees, industrial action, legal aid, news by sally

‘A murder case at the Old Bailey has become one of the first to be affected by a strike by barristers.’

Full Story

BBC News, 4th April 2018

Source: www.bbc.co.uk

Coroner who refuses to let Jewish or Muslim burials skip the queue accused of breaching human rights – Daily Telegraph

‘A coroner who refuses to allow Jews or Muslims to skip the burial queue has been accused of breaching human rights laws at the High Court.’

Full Story

Daily Telegraph, 27th March 2018

Source: www.telegraph.co.uk

Smash and grab adjudication ‘essentially over’ after TCC judgment – OUT-LAW.com

Posted March 2nd, 2018 in construction industry, contracts, delay, dispute resolution, enforcement, news by tracey

‘A well-reasoned judgment by Mr Justice Coulson could put an end to the trend of “smash and grab” adjudications, where the payee pursues the other party for the full amount where no valid payment or pay less notice is served.’

Full Story

OUT-LAW.com, 1st March 2018

Source: www.out-law.com

Chief coroner considers ‘cab rank’ burial rule to be unlawful – Law Society’s Gazette

Posted March 2nd, 2018 in burials and cremation, coroners, delay, islamic law, Judaism, judicial review, news by tracey

‘The law firm challenging a coroner’s policy of applying a “cab rank” rule for burials by refusing to prioritise them on religious grounds has welcomed what he describes as the chief coroner’s “support”.’

Full Story

Law Society's Gazette, 1st March 2018

Source: www.lawgazette.co.uk

Girl with asthma died after doctor turned her away, inquest hears – The Guardian

Posted February 27th, 2018 in children, delay, doctors, health, inquests, negligence, news by tracey

‘A five-year-old girl with severe asthma died after being turned away from an appointment with an emergency doctor because she was five minutes late, an inquest has been told.
The coroner said the chance to provide Ellie-May Clark with “potentially life-saving treatment” was missed and she had been let down by failings in the system.’

Full Story

The Guardian, 26th February 2018

Source: www.theguardian.com

Jane Collins defamation case: UKIP delayed case – BBC News

Posted February 16th, 2018 in defamation, delay, news, political parties by sally

‘UKIP “deliberately delayed” settlement of a libel case for “political advantage” ahead of the 2015 general election, the High Court has ruled.’

Full Story

BBC News, 15th February 2018

Source: www.bbc.co.uk

Woman abandons rape case in despair at legal process – The Guardian

Posted February 15th, 2018 in criminal justice, delay, news, victims by sally

‘A woman who endured five years of delays due to Crown Prosecution Service and Metropolitan police errors in pursuing a rape case is abandoning the legal process in despair.’

Full Story

The Guardian, 15th February 2018

Source: www.theguardian.com

Collapsed trial woman says she gave birth ‘alone’ in prison – BBC News

‘A woman held in custody for more than 13 months before her trial collapsed has told the BBC she hopes someone will be punished for the failures which led to her giving birth in prison.’

Full Story

BBC News, 31st January 2018

Source: www.bbc.co.uk

Ofcom accuses Three of holding up spectrum auction after failed legal bid – Daily Telegraph

Posted December 21st, 2017 in appeals, delay, news, telecommunications by tracey

‘Mobile network Three was accused of holding up plans to bolster Britain’s mobile phone airwaves today after it sought an appeal following an unsuccessful legal challenge against Ofcom.’

Full Story

Daily Telegraph, 20th December 2017

Source: www.telegraph.co.uk