Bath Spa: Council paid £4m compensation for delay – BBC News

Posted December 9th, 2009 in building law, compensation, contracts, delay, news by sally

“Bath and North East Somerset Council was paid at least £4.17m in compensation for the delayed Bath Spa Project, its accounts have revealed.”

Full story

BBC News, 9th December 2009

Source: www.bbc.co.uk

Cafcass judicial review threat – Law Society’s Gazette

Posted November 26th, 2009 in delay, guardianship, judicial review, news by sally

“A Somerset solicitor is set to launch a judicial review action against the Children and Family Courts Advice and Support Service (Cafcass) because of its ‘unacceptable delays’ in appointing children’s guardians and family court advisers.”

Full story

Law Society’s Gazette, 25th November 2009

Source: www.lawgazette.co.uk

Sturgeon and others v Condor Flugdienst GmbH (Case C-402/07); Böck and another v Air France SA (Case C-432/07) – WLR Daily

Posted November 23rd, 2009 in airlines, carriage by air, compensation, delay, EC law, law reports by sally

Sturgeon and others v Condor Flugdienst GmbH (Case C-402/07); Böck and another v Air France SA (Case C-432/07) [2009] WLR (D) 338

“Airline passengers whose flights were delayed by more than three hours were entitled to compensation.”

WLR Daily, 20th November 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Fisher v Brooker and another – WLR Daily

Posted August 3rd, 2009 in artistic works, copyright, delay, estoppel, law reports by sally

Fisher v Brooker and another [2009] UKHL 41; [2009] WLR (D) 274

“When a claimant did not, for almost 40 years, assert his right to a share of the copyright in intellectual property, his claim could not be defeated by the doctrines of estoppel or laches when the defendants had suffered no detriment by acting in reliance on the assumption that he had no claim but, on the contrary, had derived a financial benefit far outweighing any detriment resulting from the claimant’s delay.”

WLR Daily, 31st July 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Freedom of information regulator accused of excessive delays – The Guardian

Posted July 3rd, 2009 in delay, freedom of information, news by sally

“Freedom of information campaigners say the regulator takes too long to decide to release documents to the public, undermining efforts to open up official files.”

Full story

The Guardian, 2nd July 2009

Source: www.guardian.co.uk

Child witnesses ‘wait too long’ – BBC News

Posted July 3rd, 2009 in children, delay, news, witnesses by sally

“Young witnesses in sex abuse or violence cases are being forced to wait more than a year to give evidence in England and Wales, a report has said.”

Full story

BBC News, 3rd July 2009

Source: www.bbc.co.uk

Family courts in crisis, says Sir Mark Potter – The Times

Posted July 3rd, 2009 in delay, family courts, news by sally

“Britain’s most senior family judge called last night for urgent action over a crisis in the family courts fuelled by increasing delays in child abuse cases and lack of funds.”

Full story

The Times, 3rd July 2009

Source: www.timesonline.co.uk

Owens v City of Westminster Magistrates’ Court – WLR Daily

Posted June 22nd, 2009 in appeals, delay, extradition, law reports, time limits by sally

Owens v City of Westminster Magistrates’ Court [2009] EWHC 1343 (Admin); [2009] WLR (D) 20

“When an appeal to the High Court under s 26 of the Extradition Act 2003 against an order for extradition to a category 1 territory was unsuccessful, the decision of the High Court on the appeal did not become final within the meaning of s 36(5) of the Act and, accordingly, the 10-day period within which s 36(2) and (3)(a) stipulated that extradition should take place did not begin to run until the 14-day period permitted by s 32(5) for applying to the High Court for leave to appeal to the House of Lords had expired, notwithstanding that the High Court had on the same day as dismissing the appeal declined to certify for the purposes of s 32(4)(a) of the Act that a point of law of general public importance was involved. As regards the requirement in s 36(8) that ‘reasonable cause’ be shown for delay in effecting extradition, the expression could be construed as being sufficiently broad to cover a short delay arising from an error of law made by the Serious Organised Crime Agency (‘SOCA’), the body responsible for the surrender of individuals to requesting states at the conclusion of extradition proceedings under the 2003 Act, in calculating the period within which the person must be extradited as specified in s 36(3) of the Act.”

WLR Daily, 19th June 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Hanoman v Southwark London Borough Council (No 2) – Times Law Reports

Posted June 16th, 2009 in delay, housing, law reports, rent, right to buy by sally

Hanoman v Southwark London Borough Council (No 2)

House of Lords

“The requirement that a local authority which had delayed processing a right-to-buy claim should deduct from the purchase price the purchasing tenant’s rent payments during the period of delay applied where the tenant’s rent had been paid for him in the form of housing benefit.”

The Times, 16th June 2009

Source: www.timesonline.co.uk

Hanoman v Southwark London Borough Council (No 2) – WLR Daily

Posted June 15th, 2009 in delay, housing, law reports, rent, right to buy by sally

Hanoman v Southwark London Borough Council (No 2) [2009] UKHL 29; [2009] WLR (D) 181

“The requirement that a local authority which had delayed processing a ‘right to buy’ claim under Pt V of the Housing Act 1985 should deduct from the purchase price the purchasing tenant’s rent payments during the period of delay remained applicable where the tenant’s rent had been paid for him in the form of housing benefit.”

WLR Daily, 11th June 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Cafcass chief Anthony Douglas is called to account by judge – The Times

Posted May 29th, 2009 in child abuse, delay, news by sally

“The head of the children’s court agency was summoned by a judge yesterday to explain ‘deplorable and entirely unacceptable’ case delays after the Baby Peter scandal.”

Full story

The Times, 29th May 2009

Source: www.timesonline.co.uk

FH (Bangladesh) v Secretary of State for the Home Department – Times Law Reports

Posted May 18th, 2009 in delay, immigration, law reports by sally

FH (Bangladesh) v Secretary of State for the Home Department

Court of Appeal

“A delay of two years and nine months in dealing with an application for indefinite leave to remain constituted culpable and undue delay on the part of the Secretary of State for the Home Department and was productive of conspicuous unfairness in the case of man who had evaded deportation in 1986 and lived under an assumed name for 23 years.”

The Times, 18th May 2009

Source: www.timesonline.co.uk

FH (Bangladesh) v Secretary of State for the Home Department – WLR Daily

Posted May 14th, 2009 in delay, immigration, law reports by sally

FH (Bangladesh) v Secretary of State for the Home Department

“A two and three-quarter year delay by the Home Office in processing an application for indefinite leave to remain amounted to culpable and undue delay and produced conspicuous unfairness to a man who had evaded deportation in 1986 and lived under an assumed name for 23 years. Had his application made in May 2003 been dealt with promptly the claimant might have been able to take advantage of an extra-statutory concession that leave would normally be granted to a person with more than 14 years’ continuous residence.”

WLR Daily, 13th May 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Slow misconduct hearings cost taxpayers £8.2 million – The Times

Posted May 12th, 2009 in delay, disciplinary procedures, doctors, news by sally

“Family doctors accused of misconduct are being suspended for up to four years and at a cost of up to £900,000, according to figures revealed by the NHS under the Freedom of Information Act.”

Full story

The Times, 12th May 2009

Source: www.timesonline.co.uk

Gomes v Republic of Trinidad and Tobago; Goodyer v Same – Times Law Reports

Posted May 5th, 2009 in delay, extradition, law reports by sally

Gomes v Republic of Trinidad and Tobago; Goodyer v Same

House of Lords

“An accused who deliberately fled from a jurisdiction where his trial was pending was not generally entitled to rely on the passage of time due to the delay of the extraditing state in bringing him to justice as a bar to his extradition.”

The Times, 5th May 2009

Source: www.timesonline.co.uk

Gomes v Government of the Republic of Trinidad and Tobago – WLR Daily

Posted April 30th, 2009 in delay, extradition, law reports by sally

Gomes v Government of the Republic of Trinidad and Tobago [2009] UKHL 21; [2009] WLR (D) 139

“Where an accused deliberately fled from a jurisdiction where his trial was pending, he was not, save in exceptional circumstances, entitled to rely, under s 82 of the Extradition Act 2003, on the passage of time due to delay on the part of the requesting state in bringing him to justice as a bar to his extradition.”

WLR Daily, 29th April 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Why the courts are at breaking point – The Times

Posted March 18th, 2009 in Crown Court, delay, news by sally

“The Crown Court in England and Wales is at ‘breaking point’ after a 5 per cent rise in cases to 136,000 a year, an independent watchdog has found.”

Full story

The Times, 17th March 2009

Source: www.timesonline.co.uk

Offenders tell of court delay woe – BBC News

Posted March 9th, 2009 in criminal justice, delay, news by sally

“Victims and witnesses face long delays in criminal trials because of a shortage of courtrooms, the government spending watchdog has warned.”

Full story

BBC News, 6th March 2009

Source: www.bbc.co.uk

Courtroom shortages causing long trial delays, report warns – The Guardian

Posted March 6th, 2009 in criminal justice, delay, news by sally

“A shortage of courtrooms mean victims and witnesses face long delays in criminal trials, the government’s spending watchdog has warned.”

Full story

The Guardian, 6th March 2009

Source: www.guardian.co.uk

Ruttle Plant Hire Ltd v Secretary of State for Environment Food and Rural Affairs (No 3) – Times Law Reports

Posted March 4th, 2009 in damages, delay, interest, law reports by sally

Ruttle Plant Hire Ltd v Secretary of State for Environment Food and Rural Affairs (No 3)

Court of Appeal

“Mistakes in a supplier’s invoice did not enable the paying party to avoid late payment interest penalties.”

The Times, 4th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 from the date of publication.