‘A part 36 offer is not “some form of trump card” which overrides previous court orders, a High Court judge has made clear.’
Litigation Futures, 30th October 2018
Source: www.litigationfutures.com
‘The “period of reflection” a person wishing to change gender must observe before obtaining a gender recognition certificate is unnecessary, according to the equality watchdog.’
The Guardian, 21st October 2018
Source: www.theguardian.com
‘There was “gross failure” in the care of a toddler who died while awaiting emergency surgery, a coroner has said. Serious and basic failings led to an “unacceptable delay” in Kayden Urmston-Bancroft’s operation on a diaphragmatic hernia, an inquest heard.’
BBC News, 6th September 2018
Source: www.bbc.co.uk
‘The trial of an alleged mastermind of the Hatton Garden heist has been delayed until next year following a new blockbuster film release about the robbery.’
Daily Telegraph, 3rd September 2018
Source: www.telegraph.co.uk
‘A severely disabled Doncaster boy’s family has had to wait three years for Doncaster Council to provide them with the special adaptations their home needs, the Local Government and Social Care Ombudsman (LGO) has found.’
Local Government Lawyer, 31st August 2018
Source: www.localgovernmentlawyer.co.uk
‘The Home Office has left some people waiting more than 20 years for decisions on their asylum claims, according to data obtained exclusively by the Guardian, in delays charities say are unacceptable and “utterly barbaric”.’
The Guardian, 17th August 2018
Source: www.theguardian.com
‘The Metropolitan police have rejected claims that the force put children and vulnerable adults in danger by reportedly relaxing its vetting system for thousands of people.’
The Guardian, 19th August 2018
Source: www.theguardian.com
‘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.’
Litigation Futures, 10th August 2018
Source: www.litigationfutures.com
‘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.’
Hailsham Chambers, 23rd July 2018
‘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.’
No. 5 Chambers, 26th July 2018
Source: www.no5.com
‘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.’
Park Square Barristers, 20th July 2018
Source: www.parksquarebarristers.co.uk
‘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.’
Law Society's Gazette, 3rd August 2018
Source: www.lawgazette.co.uk
‘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.’
Litigation Futures, 2nd August 2018
Source: www.litigationfutures.com
‘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.’
OUT-LAW.com, 30th July 2018
Source: www.out-law.com
‘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.’
Law Society's Gazette, 30th July 2018
Source: www.lawgazette.co.uk
‘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.’
Law Society's Gazette, 23rd July 2018
Source: www.lawgazette.co.uk
‘Judges have delayed their decision in an appeal by far-right activist Tommy Robinson against his conviction and jailing for contempt of court.’
BBC news, 18th July 2018
Source: www.bbc.co.uk
‘Implementation of the government’s whiplash reforms is to be delayed by a year to April 2020, the Ministry of Justice (MoJ) has announced.’
Legal Futures, 17th July 2018
Source: www.legalfutures.co.uk
‘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.’
Nearly Legal, 10th July 2018
Source: nearlylegal.co.uk
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