Principle of finality in litigation – Law Society’s Gazette

Posted January 19th, 2021 in delay, enforcement, judgments, jurisdiction, news, sanctions by sally

‘A judgment made in open court takes effect when it is made and not when it is subsequently sealed. The lapse of time between the making of an order in open court and sealing it may be taken by the unsuccessful party as an opportunity to rehearse legal arguments or to produce new evidence to persuade the court to revisit and amend its order before it is sealed.’

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Law Society's Gazette, 18th January 2021

Source: www.lawgazette.co.uk

Case backlog threatens UK criminal justice system, say inspectors – The Guardian

Posted January 19th, 2021 in coronavirus, courts, criminal justice, delay, news, prisons, reports, young offenders by sally

‘Urgent action is needed to tackle an “unprecedented backlog” of court cases built up during the pandemic that has “severe implications” for victims, the UK’s four justice chief inspectors have warned.’

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The Guardian, 19th January 2021

Source: www.theguardian.com

Covid leading to four-year waits for England and Wales court trials – The Guardian

‘Defendants, victims including teenagers, and witnesses are having to wait up to four years from the time of an alleged offence to the case reaching crown court trial because of delays caused mainly by Covid.’

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The Guardian, 10th January 2021

Source: www.theguardian.com

Small claims worst hit so far by Covid as trial delays lengthen – Litigation Futures

Posted December 8th, 2020 in coronavirus, criminal justice, delay, news, small claims by sally

‘Small claims have been disproportionally impacted by Covid-19 in terms of timeliness, official figures have shown.’

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Litigation Futures, 8th December 2020

Source: www.litigationfutures.com

Ministers urged to end delay on law curbing restraint on mental health patients – The Guardian

Posted December 1st, 2020 in bills, delay, hospitals, mental health, minorities, news, restraint by sally

‘Ministers are being urged to finally implement legislation restricting the use of dangerous restraint practices against patients in mental health units two years after it was passed.’

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The Guardian, 30th November 2020

Source: www.theguardian.com

Youth court closures in England and Wales due to Covid ‘have almost doubled backlog’ – The Guardian

‘The temporary closure of youth courts due to Covid-19 has almost doubled the backlog of cases in some areas of England and Wales, increasing anguish for traumatised victims and creating more uncertainty for accused children, inspectors have found.’

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The Guardian, 20th November 2020

Source: www.theguardian.com

Trans teen in legal action over gender clinic wait – BBC News

‘A 14-year-old transgender boy is starting legal proceedings against NHS England over delays to gender reassignment treatment.’

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BBC News, 23rd November 2020

Source: www.bbc.co.uk

Criminal justice system is ‘on its knees’, says top English lawyer – The Guardian

‘Crown court cases are being delayed until 2023, the innocent penalised more than the guilty, and the under-funded, criminal justice system brought “on its knees”, according to the chair of the Criminal Bar Association in England and Wales.’

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The Guardian, 19th November 2020

Source: www.theguardian.com

Windrush: two years on, victims describe long waits and ‘abysmal’ payouts – The Guardian

‘Applicants to the Windrush compensation scheme have spoken about the difficulties they have experienced in securing payouts. Some are concerned by the long delays between applying and being awarded damages, others have expressed unhappiness about the amount they have been offered.’

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The Guardian, 19th November 2020

Source: www.theguardian.com

Civil court recovery: More in-person hearings and longer hours – Litigation Futures

‘Up to two-thirds of civil hearings will take place face-to-face over the coming months as the caseload increases, with longer operating hours an option for courts if needed.’

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Litigation Futures, 10th November 2020

Source: www.litigationfutures.com

Justice delayed might be justice denied… but for which side? A look at Nigeria v Process & Industrial Developments – Hardwicke Chambers

Posted November 11th, 2020 in arbitration, chambers articles, civil justice, delay, energy, fraud, news, time limits by sally

‘Last month, Sir Ross Cranston handed down judgment in The Federal Republic of Nigeria v Process & Industrial Developments [2020] EWHC 2379 (Comm), marking the latest stage in what has proved a notoriously long-running dispute since arbitration between the parties was first commenced in 2012.’

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Hardwicke Chambers, 14th October 2020

Source: hardwicke.co.uk

Virus backlogs must not become “new normal”, says Lord Chief – Legal Futures

‘The Lord Chief Justice told MPs yesterday that he is “extremely concerned” that the backlogs that have grown across the justice system since March should not be “viewed by anybody as the new normal”.’

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Legal Futures, 11th November 2020

Source: www.legalfutures.co.uk

Three for the Price of One: A Case Note on Diriye v Bojaj – Ropewalk Chambers

Posted November 10th, 2020 in delay, news, personal injuries, postal service, sanctions, service by sally

‘Diriye v Bojaj [2020] EWCA Civ 1400, handed down on 4 November 2020, was a procedural appeal in a credit hire case. It raised a point about pleading allegations of impecuniosity in such cases alongside two points of wider application: whether the Royal Mail “Signed For 1st Class” service is covered by the description “First class post (or other service which provides for delivery on the next business day)” in CPR 6.26; and the proper approach to applications for relief from sanctions under CPR 3.9.’

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Ropewalk Chambers, 5th November 2020

Source: www.ropewalk.co.uk

Reducing Family Law Cases Backlog: Is Arbitration the Answer? – 33 Bedford Row

Posted November 10th, 2020 in arbitration, coronavirus, delay, dispute resolution, family courts, news by sally

‘Since the outbreak of Covid-19, the pandemic has led to delays in the court system, hearings being adjourned and a substantial backlog of all types of cases but especially family cases. Parties wanting speedy justice are resorting to out of court processes such as mediation and arbitration as a means to resolve disputes efficiently to overcome this time-lag.’

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33 Bedford Row, 30th October 2020

Source: www.33bedfordrow.co.uk

Windrush: At least nine victims died before getting compensation – BBC News

‘At least nine people have died before receiving money applied for through the Windrush compensation scheme, according to Home Office figures.’

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BBC News, 2nd November 2020

Source: www.bbc.co.uk

The importance of acting with “reasonable promptitude” when applying for relief from forfeiture: Keshwala and another v Bhalsod [2020] EWHC 2372 (QB) – Hardwicke Chambers

‘The tenants (Claimants) had a twenty-year lease of 89 Narborough Road, Leicester (Property) which commenced on 12 March 2008. The Property consisted of a lock-up shop on the ground floor with residential accommodation above. The Claimants mistakenly paid only £1,500 of the £2,000 quarterly instalment of rent that fell due in June 2018, leaving arrears of £500.’

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Hardwicke Chambers, 14th October 2020

Source: hardwicke.co.uk

Courts backlog ‘tipping point’ for justice system – BBC News

Posted October 30th, 2020 in coronavirus, county courts, criminal justice, delay, news, trials by sally

‘The number of criminal cases waiting to be dealt with by Crown Courts threatens to overwhelm the justice system in England and Wales, a study suggests.’

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BBC News, 30th October 2020

Source: www.bbc.co.uk

Windrush man wrongly classified as illegal immigrant left destitute for a year – The Guardian

‘An electrician who was wrongly classified as being an illegal immigrant, despite living in London for more than 45 years, was destitute as he waited a year for the Windrush taskforce to decide on his application to stay in the UK, the parliamentary ombudsman has ruled.’

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The Guardian, 25th October 2020

Source: www.theguardian.com

Covid: ‘Perfect storm’ causing employment tribunal backlog – BBC News

Posted October 22nd, 2020 in benefits, coronavirus, delay, employment tribunals, mental health, news, redundancy by sally

‘Concerns are being raised over a Covid-related backlog of tribunal cases involving people who believe they have lost their jobs unfairly.’

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BBC News, 22nd October 2020

Source: www.bbc.co.uk

Extending custody time limit will hit BAME people hardest, MoJ told – The Guardian

‘Extending the amount of time unconvicted defendants can await trial in prison will have a disproportionate impact on people who are black, Asian or from other ethnic minorities, according to official advice handed to ministers.’

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The Guardian, 16th October 2020

Source: www.theguardian.com