Category: delay

Regina (Kaiyam) v Secretary of State for Justice; Regina (Haney) v Same – WLR Daily

Posted December 11th, 2013 in appeals, delay, human rights, judicial review, jurisdiction, law reports, prisons, sentencing, Supreme Court by sally

Regina (Kaiyam) v Secretary of State for Justice; Regina (Haney) v Same [2013] EWCA Civ 1587; [2013] WLR (D) 480

‘Where, in a case involving alleged breaches of rights under the Convention for the Protection of Human Rights and Fundamental Freedoms, the Court of Appeal was faced with a conflict between decisions of the House of Lords and the European Court of Human Rights, the court could in appropriate circumstances dismiss the appeal and grant permission to appeal to the Supreme Court to resolve the conflict between the domestic law and that of the European Court, without hearing argument or expressing its views on the case.’

WLR Daily, 9th December 2013

Source: www.iclr.co.uk

Police launch criminal investigation into cancer scandal – Daily Telegraph

Posted November 27th, 2013 in cancer, criminal justice, delay, hospitals, inquests, medical treatment, news, police by tracey

‘Police launch a criminal investigation into the alleged manipulation of cancer waiting lists at a hospital.’

Full story

Daily Telegraph, 26th November 2013

Source: www.telegraph.co.uk

Inheritance Act Claims – Delay at your Peril – Zenith Chambers

Posted November 19th, 2013 in appeals, delay, divorce, news, time limits, wills by sally

“Nicola Phillipson, Zenith Chambers, examines the case of Berger v Berger where the Court of Appeal refused permission to the appellant to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 almost six years out of time.”

Full story

Zenith Chambers, 5th November 2013

Source: www.zenithchambers.co.uk

Get your excuses for your excuses in early – NearlyLegal

Posted November 14th, 2013 in appeals, delay, homelessness, local government, news, solicitors, time limits by tracey

“Poorsalehy v Wandsworth LBC (2013) QBD 07/11/2013. A cautionary tale, albeit one that was rather hard on Mr Poorsalehy. Mr P had applied to Wandsworth as homeless. His application was rejected by s.184 decision and the s.202 upheld the decision.”

Full story

NearlyLegal, 13th November 2013

Source: www.nearlylegal.co.uk/blog/

Sudanese sex offender wins damages for being held in custody too long – The Guardian

Posted November 13th, 2013 in appeals, child abuse, damages, delay, deportation, detention, human rights, immigration, news, sentencing, sexual offences by tracey

“A sex offender has won the right to damages after the court of appeal ruled he was held in custody for too long while attempts to deport him were unsuccessful.”

Full story

Thr Guardian, 12th November 2013

Source: www.guardian.co.uk

Iraq Inquiry: Hold-up over access to key documents – BBC News

Posted November 7th, 2013 in delay, disclosure, documents, inquiries, Iraq, news by tracey

“The Iraq Inquiry says it cannot proceed with the next phase of its work because key information, including correspondence between Tony Blair and George W Bush, has yet to be released.”

Full story

BBC News, 6th November 2013

Source: www.bbc.co.uk

NHS complaints review set to report – BBC News

Posted October 28th, 2013 in codes of practice, complaints, delay, hospitals, inquiries, news, quality assurance, reports, standards by sally

“A government-backed review into how the NHS in England handles complaints is set to publish its conclusions later.”

Full story

BBC News, 28th October 2013

Source: www.bbc.co.uk

Sarjantson and another v Chief Constable of Humberside Police – WLR Daily

Posted October 23rd, 2013 in appeals, assault, delay, duty of care, human rights, law reports, negligence, police, statutory duty, victims by tracey

Sarjantson and another v Chief Constable of Humberside Police: [2013] EWCA Civ 1252;   [2013] WLR (D)  393

“The positive duty on the state (the police) to avert a real and immediate risk to life or injury, pursuant to articles 2 and 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, was not limited to identified or identifiable persons. It was sufficient that such potential victims were known or should be known to exist; and it made no difference that the risk arose during an incident which had already commenced.”

WLR Daily, 18th October 2013

Source: www.iclr.co.uk

Glendalough Associated SA v Harris Calnan Construction Co Ltd – WLR Daily

Posted October 23rd, 2013 in construction industry, contracts, damages, delay, law reports, tenders by tracey

Glendalough Associated SA v Harris Calnan Construction Co Ltd: [2013] EWHC 3142 (TCC);   [2013] WLR (D)  397

“Where, in adjudication proceedings brought pursuant to the Housing Grants, Construction and Regeneration Act 1996, the referring party did not assert in terms that the agreement in question was made otherwise than in writing, section 107(5) of the Act was not engaged.”

WLR Daily, 21st October 2013

Source: www.iclr.co.uk

Draft electricity market reform legislation published, although implementation timetable delayed – OUT-LAW.com

Posted October 16th, 2013 in bills, consultations, delay, energy, news by sally

“The timetable for implementation of some of the most significant reforms to the energy market since privatisation has fallen behind by several months, according to draft legislation published by the Government for consultation.”

Full story

OUT-LAW.com, 15th October 2013

Source: www.out-law.com

Plebgate: Keir Starmer defends police investigation – The Guardian

Posted October 14th, 2013 in Crown Prosecution Service, delay, evidence, government departments, human rights, news, police, video recordings, whistleblowers by sally

“Britain’s most senior prosecutor said he understands concerns surrounding the time it has taken to investigate police officers over the Plebgate saga, which cost Tory MP Andrew Mitchell his cabinet post.”

Full story

The Guardian, 13th October 2013

Source: www.guardian.co.uk

High Court grants injunction to losing bidder over £1bn waste contract award – Local Government Lawyer

Posted October 9th, 2013 in contracts, costs, damages, delay, energy, injunctions, news, public interest, public procurement, waste by sally

“A High Court judge has granted an energy company an injunction preventing a waste authority from entering into a £1bn+ resource recovery contract (RRC) with a rival business.”

Full story

Local Government Lawyer, 8th October 2013

Source: www.localgovernmentlawyer.co.uk

Victim suing police for taking too long to arrive – Daily Telegraph

Posted October 9th, 2013 in appeals, assault, compensation, delay, grievous bodily harm, human rights, inquiries, news, police, sentencing, victims by sally

“A crime victim who was beaten almost to death by a baseball bat-wielding gang of thugs is fighting a landmark battle for compensation from Humberside police.”

Full story

Daily Telegraph, 8th October 2013

Source: www.telegraph.co.uk

General Medical Council too late with child sex abuse complaint, rules High Court – UK Human Rights Blog

Posted September 27th, 2013 in complaints, delay, disciplinary procedures, doctors, human rights, news, sexual offences by tracey

“The High Court has strongly affirmed the prohibition against the pursuit of long delayed complaints against doctors in regulatory proceedings. The prohibition arose from the General Medical Council’s own procedural rules. It applied even where the allegations were of the most serious kind, including sexual misconduct, and could only be waived in exceptional circumstances and where the public interest demanded. The burden was upon the GMC to establish a sufficiently compelling public interest where allegations had already been thoroughly investigated by the competent authorities such as the police and social services.”

Full story

UK Human Rights Blog, 26th September 2013

Source: www.ukhumanrightsblog.com

Judiciary launches review of unimplemented Jackson recommendations – Litigation Futures

Posted September 23rd, 2013 in budgets, costs, delay, judiciary, news by sally

“The judiciary is undertaking a review of those recommendations made by Lord Justice Jackson that have not yet been implemented, it has emerged.”

Full story

Litigation Futures, 23rd September 2013

Source: www.litigation.com

Hillsborough disaster: An investigation going nowhere? – The Independent

Posted September 12th, 2013 in complaints, delay, health & safety, inquests, news, police, sport by tracey

“A year after the exposure of a police cover-up that followed the 1989 tragedy, no one has yet been held to account, and victims’ families are losing hope of seeing justice.”

Full story

The Idnependent, 12th September 2013

Source: www.independent.co.uk

Government plans to “limit” those who are able to apply for a judicial review – OUT-LAW.com

Posted September 11th, 2013 in consultations, delay, judicial review, news by tracey

“The Government has proposed further reforms to the judicial review process in order to prevent those who do not have a direct interest in a case from exploiting the process for ‘campaigning or publicity purposes.’ ”

Full story

OUT-LAW.com, 10th September 2013

Source: www.out-law.com

Jacintha Saldanha inquest delayed as coroner ‘seeks more information’ – The Guardian

Posted September 10th, 2013 in anonymity, delay, inquests, news, nurses, suicide by tracey

“An inquest into the death of nurse Jacintha Saldanha following a prank phone call last year by two Australian radio hosts has been postponed for a second time.”

Full story

The Guardian, 10th September 2013

Source: www.guardian.co.uk

Specialist planning court proposed to boost UK business – Ministry of Justice

Posted September 9th, 2013 in appeals, consultations, costs, courts, delay, judicial review, legal aid, planning, press releases, Supreme Court by tracey

“A specialist planning court has been proposed by Justice Secretary Chris Grayling to help ensure crucial development projects no longer get mired in unnecessary legal delay.”

Full press release

Ministry of Justice, 6th September 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Court failings scupper 500 cases a week – The Independent

Posted September 5th, 2013 in courts, Crown Prosecution Service, delay, news, reports, victims, witnesses by sally

“More than 500 court cases are being thrown out or delayed each week due to failings by prosecutors or in the court system, it has been claimed.”

Full story

The Independent, 5th September 2013

Source: www.independent.co.uk