‘A coalition of cross-party peers has moved to water down proposed legislation that would let the terminally ill request and receive help to end their lives.’
The Independent, 11th January 2015
Source: www.independent.co.uk
‘It has been described as the “black hole at the heart of British justice”. Thousands of people, most of whom have been convicted of no crime, detained for as long as government officials wish.’
The Independent, 6th January 2015
Source: www.independent.co.uk
‘The fact that an individual or a company is a litigant in person is not a reason for the “disapplication” of court orders, rules and directions, appeal judges have ruled.’
Litigation Futures, 5th January 2015
Source: www.litigationfutures.com
‘The approach to applications for extensions of time for filing a notice of appeal should be the same as for applications for relief from sanctions and should attract the same rigorous approach.’
WLR Daily, 16th December 2014
Source: www.iclr.co.uk
‘The time people can be put on pre-charge police bail could be limited to 28 days, the home secretary has said.’
BBC News, 18th December 2014
Source: www.bbc.co.uk
‘CPR r.3.9 rears its growling head again…but a more robust approach, nevertheless, should not be taken as encouragement to refuse reasonable extensions of time or to seek tactical advantage in every minor default.’
Zenith PI Blog, 17th December 2014
Source: www.zenithpi.wordpress.com
‘Theresa May tells MPs she is also considering revising cut-off date for sex abuse allegations to include claims from 1950s.’
The Guardian, 15th December 2014
Source: www.guardian.co.uk
‘Sir John Thomas, the Lord Chief Justice, says ‘one law for rich and another for poor’ as he tells court penalty imposed on Philip Edward Day should not still be outstanding.’
Daily Telegraph, 5th December 2014
Source: www.telegraph.co.uk
‘Former ministers, MPs and lawyers have signed a letter to The Telegraph demanding reform of the controversial pre-charge bail measure. Here’s what you need to know.’
Full story
Daily Telegraph, 2nd December 2014
Source: www.telegraph.co.uk
‘The Tenancies Reform Bill has now been formally published following its second reading. The Bill has changed substantially from the original version that was put forward by Sarah Teather MP and drafted by Shelter. We commented on the Bill before as we had seen the version produced at first reading. The Bill has now benefitted from the gentle caress of the Parliamentary Draftsman’s office so it looks entirely different.’
NearlyLegal, 27th November 2014
Source: www.nearlylegal.co.uk
‘Mitchell [2014] 1 WLR 795 and Denton [2014] 1 WLR 3926 dealt with the situation of an application out of time, that is to say when the time had expired for performance of a step dictated by a rule or by practice direction or a court order had expired. But the further question arises, To what extent do the principles laid down there apply in the situation where one applies in time, that is to say before the expiry date? That is of great importance, because, if one is handling a case properly, it should become obvious, at least some days if not weeks in advance, that a particular time limit is not going to be able to be achieved. This may be for a variety of reasons, sometimes because of illness or – tell it not in Gath! – the delays of counsel. This matter was considered in depth fairly recently in Re Guidezone Ltd, Kaneria-v-Kaneria [2014] 1 WLR 3728, by Nugee J. In a full and careful judgment, the judge considered what was the position when an in-time application was made under CPR r.3.1(2)(a) for extension of time. He held that such an application was not an application for relief from sanctions, nor was it closely analogous to one. Therefore, Mitchell did not apply to it.’
Zenith PI Blog, 25th November 2014
Source: www.zenithpi.wordpress.com
‘Parties are advised to make applications in advance of the expiry of time limits in order to avoid a breach and have the courts look more favourably on their applications. It must be remembered however that an application made in time is not necessarily bound to succeed.’
Zenith PI Blog, 21st November 2014
Source: www.zenithpi.wordpress.com
‘Where a court was determining whether to exercise its discretion under section 32A of the Limitation Act 1980 to disapply the one-year limitation period applying by virtue of section 4A of the 1980 Act to a claim for libel, the claimant’s ignorance of the limitation period would rarely if ever be a factor which carried any or any significant weight given the policy reasons underlying the one-year limitation period for libel claims.’
WLR Daily, 30th October 2014
Source: www.iclr.co.uk
‘The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) have provided a wide range of case law since they came into force. Decisions have often been focused on issues such as what constitutes a relevant transfer or the effect ofinsolvency on a transfer. However, there has been surprisingly little case law which deals with the Regulation 13 TUPE duty to inform and consult and the Regulation 15 TUPE claim to a tribunal for a failure to inform and consult.’
Full story (PDF)
Tanfield Chambers, 16th October 2014
Source: www.tanfieldchambers.co.uk
‘Last week, amid much media excitement, the Employment Appeal Tribunal handed down its judgment in the conjoined cases of Bear Scotland v Fulton, Amec v Law & Hertel v Woods. All three cases were appealing against the decisions of employment tribunals who determined that the calculating “normal remuneration” for holiday pay purposes should include overtime even if the overtime is not guaranteed.’
Halsbury’s Law Exchange, 14th November 2014
Source: www.halsburyslawexchange.co.uk
‘In Cutler v Barnet LBC (QBD 21/10/14) Supperstone J held that a judge had erred in not considering a defendant’s oral application for relief from sanction. The court had a discretion to consider such an application even where a formal application under Part 23 had NOT been made.’
Zenith PI Blog, 10th November 2014
Source: www.zenithpi.wordpress.com
‘The recent decision in the case of Altomart Limited v Salford Estates (No. 2) Limited [2014] EWCA Civ 1408 gave the Court of Appeal a further opportunity to revisit the issues raised in Mitchell v News Group Newspapers Ltd. It provided further indication of how the court is now more willing to grant relief from sanction where such refusal would lead to a potential injustice in the face of little prejudice being caused by the breach.’
The Barristers’ Hub, 31st October 2014
Source: www.barristershub.co.uk
Altomart Ltd v Salford Estates (No 2) Ltd [2014] EWCA Civ 1408; [2014] WLR (D) 451
‘An application under CPR r 3.1(2)(a) for an extension of time in which to file a respondent’s notice was by analogy subject to the robust approach to compliance with rules set down by the Court of Appeal in relation to applications for relief from sanction under CPR r 3.9.’
WLR Daily, 29th October 2014
Source: www.iclr.co.uk
‘After the turbulence of the past year, provoked primarily by the Mitchell case [2014] 1WLR 795, we all surely know about relief from sanctions – but do we?’
Zenith PI Blog, 22nd October 2014
Source: www.zenithpi.wordpress.com
© Inner Temple Library 2024