Keep part 36 offers simple by using form, judge urges – Litigation Futures

Posted September 30th, 2020 in civil procedure rules, interpretation, judges, news, part 36 offers, service, time limits by sally

‘A High Court judge has told parties making part 36 offers that if they simply used form N242A “much of the difficulty” the scheme has caused litigants over the years would be avoided.’

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Litigation Futures, 28th September 2020

Source: www.litigationfutures.com

‘No reason’ for egg freezing 10-year storage limit – BBC News

Posted September 30th, 2020 in consumer protection, medical treatment, news, pregnancy, time limits by sally

‘The 10-year limit for storing eggs frozen for social reasons could be scrapped to give people concerned about declining fertility more time and options, says a UK ethics body.’

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BBC News, 30th September 2020

Source: www.bbc.co.uk

Bethany Shiner and Tanzil Chowdhury: The Overseas Operation (Service Personnel and Veterans) Bill and Impunity of the British State – UK Constitutional Law Association

‘The Overseas Operation (Service Personnel and Veterans) Bill was introduced in the House of Commons in March 2020 and is due its second reading on 23 September 2020. In short, the Bill aims to limit prosecution and civil proceedings against military personnel, as well as to enable the UK government to derogate from the European Convention on Human Rights (ECHR) during combat operations. The Bill emerges in response to what numerous Defence Secretaries have referred to as the “judicialisation of war”, a term which has been used to resist the application of the ECHR to overseas military combat operations. Despite the Bill being described as a way to protect soldiers from the “industry” of “vexatious claims” and preserve the ability of combat forces to fight wars effectively, there is every suggestion that this is really about precluding, or at least severely limiting, the accountability of the British state in its overseas military deployments.’

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UK Constitutional Law Association, 22nd September 2020

Source: ukconstitutionallaw.org

Master of the Rolls issues statement on resumption of possession cases – Local Government Lawyer

Posted September 23rd, 2020 in coronavirus, debts, housing, judges, landlord & tenant, news, rent, repossession, time limits by sally

‘The Master of the Rolls, Sir Terence Etherton, has published a statement on the resumption of possession cases from 20 September.’

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Local Government Lawyer, 21st September 2020

Source: www.localgovernmentlawyer.co.uk

Judge refuses to stand aside amid row over UK Covid trial delays – The Guardian

‘A senior judge has refused to step down from a case involving custody time limits after she replaced another judge who criticised the government over delays in delivering justice.’

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The Guardian, 18th September 2020

Source: www.theguardian.com

Possession claims – More new things and yet more to come – Nearly Legal

‘Gov.uk now has a “Reactivation Notice” (one for claimants, one for defendants). Note this is not a statutory or prescribed form. There is no set format for a reactivation notice.
The page says “Please do not use these documents before 20 September 2020. There is no need to rush to reactivate – you have until 4pm on 24 January 2021.” Which is not necessarily the case. Any possession claim with a hearing already listed requires a reactivation notice to be filed and served at least 42 days before the hearing – Practice Direction 55C 2.5.’

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Nearly Legal, 15th September 2020

Source: nearlylegal.co.uk

Judge makes formal complaint over Covid custody waits – BBC News

‘A judge has claimed he was put under “improper and undue influence” to keep a defendant in custody.’

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BBC News, 11th September 2020

Source: www.bbc.co.uk

Judge criticises UK government’s ‘inadequate’ efforts to aid Covid-19 backlog – The Guardian

‘A crown court judge has refused to extend the custody time limit for keeping a man in prison awaiting trial and accused the government of under-funding the criminal justice system during the pandemic.’

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The Guardian, 8th September 2020

Source: www.theguardian.com

Custody time limit to be increased to ease court case backlog in England – The Guardian

Posted September 7th, 2020 in coronavirus, courts, delay, detention, news, time limits, trials by sally

‘Unconvicted defendants awaiting trial in prison face longer stints behind bars, as ministers plan to increase custody time limits to ease the pressure of a rising backlog of court cases, the Guardian understands.’

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The Guardian, 6th September 2020

Source: www.theguardian.com

Sentencing and confiscation in prosecutions for breaches of planning enforcement notices (R v Roth): Sarah Wood for Lexis Nexis – 5SAH

‘This case involved an appeal against a fine and a confiscation order following criminal proceedings for breach of an enforcement notice served under the Town and Country Planning Act 1990 (TCPA 1990). The appellant, Mr Roth, had converted a property into 12 self-contained flats without prior planning permission. His appeal against sentence was successful; insufficient credit had been given for his guilty plea in the Crown Court, where the case had been committed for the purposes of confiscation. The appeal against the confiscation order was advanced on three grounds: firstly, that the wording of the summons restricted the criminality to one day; secondly, that the rent received was not linked to the breach of the planning legislation; and thirdly, that it was disproportionate for the benefit figure to comprise the gross rental received. All three grounds were dismissed.’

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5SAH, 24th August 2020

Source: www.5sah.co.uk

NHS, solicitors and patients group agree Covid-19 claims protocol – Litigation Futures

‘NHS Resolution, the Society of Clinical Injury Lawyers (SCIL) and patient safety charity Action against Medical Accidents (AvMA) have signed up to a new protocol to better manage claims during Covid-19.’

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Litigation Futures, 14th August 2020

Source: www.litigationfutures.com

Manchester Arena Inquiry challenge dismissed – UK Human Rights Blog

‘The High Court has today handed down judgment in R (EA and Anor) v Chairman of the Manchester Arena Inquiry [2020] EWHC 2053 (Admin) refusing permission for judicial review to a group of survivors who unsuccessfully sought core participant status in the forthcoming inquiry into the Manchester Arena bombing attacks. A full legal analysis of the decision will follow. This article provides a summary of the judgment and its context.’

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UK Human Rights Blog, 30th July 2020

Source: ukhumanrightsblog.com

McKenzie v Leeds Crown Court – Exchange Chambers

Posted July 30th, 2020 in coronavirus, Crown Court, lists, news, time limits by sally

‘The Claimant was due to have his 4 day trial commence in Leeds Crown Court on 27th April 2020. On 23rd March the Lord Chief Justice pronounced that no new trials would commence until further notice. This was categorised during the claim as a “listing decision”; one that affected every single criminal case in the jurisdiction that was pending trial before the Crown Court. The application to extend the Claimant’s CTL was made the same day the decision was made on the recent pro-forma application which states that each application is “made due to the current public health crisis”. The application was heard on what would have been the first day of trial and in a written judgement of the Claimant’s CTL was extended. These applications have been made up and down the country on the same basis and so the claim was of wide public importance.’

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Exchange Chambers, 23rd July 2020

Source: www.exchangechambers.co.uk

‘Reading down’ the statute: The case of Re: A (Surrogacy: s.54 Criteria) [2020] – Garden Court Chambers

Posted July 30th, 2020 in news, statutory interpretation, surrogacy, time limits by sally

‘In Re: A (Surrogacy: s.54 Criteria) [2020] EWHC 1426 (Fam) Mr Justice Keehan granted an application for a parental order in a case where a child had been conceived using surrogacy. The case was notable as it required the court to ‘read down’ a number of the statutory criteria contained in section 54 of the Human Fertilisation and Embryology Act 2008.’

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Garden Court Chambers, 23rd July 2020

Source: www.gardencourtchambers.co.uk

Upper Tribunal judge suggests review “long overdue” of appellate mechanisms for Data Protection Act rights – Local Government Lawyer

Posted July 28th, 2020 in appeals, data protection, news, time limits by sally

‘A comprehensive strategic review of the various appellate mechanisms for rights exercisable under the Data Protection Act is “arguably long overdue”, an Upper Tribunal judge has said.’

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Local Government Lawyer, 27th July 2020

Source: www.localgovernmentlawyer.co.uk

No wasted costs order after QC instructed on wrong issue – Litigation Futures

Posted July 28th, 2020 in appeals, news, stay of proceedings, time limits, VAT, wasted costs orders by sally

‘The First-tier Tribunal has refused to grant HM Revenue & Customs (HMRC) a wasted costs order despite its opponents instructing their QC on the wrong issue.’

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Litigation Futures, 23rd July 2020

Source: www.litigationfutures.com

Negligence claim over divorce assets ruled to be time-barred – Law Society’s Gazette

Posted July 10th, 2020 in appeals, damages, divorce, law firms, negligence, news, time limits by sally

‘The Court of Appeal has upheld a law firm’s case that a £125,000 professional negligence claim against a firm for its handling of a divorce was issued too late. In Holt v Holley & Steer Solicitors (a firm), judges held that any alleged cause of action happened in the lead-up to divorce proceedings being finalised, and this was the starting point for the six-year limitation period.’

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Law Society's Gazette, 8th July 2020

Source: www.lawgazette.co.uk

Article on Costs – Becket Chambers

Posted July 10th, 2020 in chambers articles, costs, news, solicitors, time limits by sally

‘The possibility of a detailed assessment of their costs under Section 70 of the Solicitors Act 1974 (the “Act”) is a possibility that all solicitors should be alive too. It is likely to be encountered in some sense during the course of a career and clients are becoming increasingly aware of the option. When a client changes firms it is also not uncommon for the new solicitors to advise on the prospect of a detailed assessment of the previous bills, especially if they seem high.’

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Becket Chambers, 3rd July 2020

Source: becket-chambers.co.uk

Manchester Arena Survivors lose bid for role in public inquiry – Local Government Lawyer

Posted July 10th, 2020 in inquiries, judicial review, news, terrorism, time limits, victims by sally

‘A group of survivors of the terror attack at the Manchester Arena in 2017 have a lost a legal bid to be given “core participants” status at the public inquiry into the bombing.’

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Local Government Lawyer, 9th July 2020

Source: www.localgovernmentlawyer.co.uk

Appeal judges reject divorcee’s negligence claim – Legal Futures

Posted July 8th, 2020 in appeals, damages, divorce, families, fees, law firms, negligence, news, solicitors, time limits by sally

‘The Court of Appeal has upheld a ruling that a negligence claim brought by a woman against her law firm over its work on her divorce was out of time.’

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Legal Futures, 8th July 2020

Source: www.legalfutures.co.uk