‘Given the paucity of case law, it is notoriously difficult to estimate likely awards of compensation under section 13 of the Data Protection Act 1998 for breaches of that Act. It is also very difficult to assess any trends in compensation awards over time.’
Panopticon, 13th June 2014
Source: www.panopticonblog.com
‘The anniversary of the implementation of the Jackson reforms looms. Has all the fear and dread it engendered at the time been justified? Views will vary, whether because of temperament or because of preference, but in our view, for what it’s worth, the answer is “yes”. In the sphere of relief from sanctions at least, and in the kind of costs budgeting that we most often face, many of the concerns warned of in advance have come to pass. The by now well-know case of Andrew Mitchell has illustrated the draconian approach being taken by the courts to relief from sanctions, with the support of what appears to be a hand-picked Court of Appeal. The methodology of county courts in dealing with costs budgeting and CCMCs varies widely, making it difficult to predict or advise on procedural issues in the run up to trials and hearings.’
Full story (PDF)
Falcon Chambers, 25th March 2014
Source: www.falcon-chambers.com
‘On 2nd May, the High Court held that the UK Government must pay Serdar Mohammed (SM) compensation because British troops detained him unlawfully in Afghanistan. The case raised a myriad of international law issues, which are dealt with elegantly in an extensive judgment by Mr Justice Leggatt. This post will attempt to summarise some of the key issues involved.’
UK Constitutional Law Association, 2nd June 2014
Source: www.ukconstitutionallaw.org
‘Approach of court to applications for extensions of time under the Insolvency Rules 1986 in light of the reformulation of CPR r 3.9 and the test to be applied on an application for relief from sanctions.’
WLR Daily, 23rd May 2014
Source: www.iclr.co.uk
‘A landowner has defeated an attempt to register as a village green land it owns that was previously the site of a military camp, after the applicant only fulfilled the registration requirements months after the relevant time limit.’
Local Government Lawyer, 27th May 2014
Source: www.localgovernmentlawyer.co.uk
‘Where the statutory requirements for the imposition of a penalty under the Competition Act 1998 had been complied with, the statutory appeal process provided for by the Act was the exclusive route by which such penalty so imposed could be challenged. A party who failed to appeal against a penalty remained bound by it, irrespective of the outcome of any appeals brought by other parties against whom penalties had been imposed under the same decision.’
WLR Daily, 19th May 2014
Source: www.iclr.co.uk
‘Lord Justice Jackson, architect of the civil justice reforms, has overturned a High Court decision which wrongly interpreted his own changes to the system.’
Law Society’s Gazette, 19th May 2014
Source: www.lawgazette.co.uk
‘A government policy that bans books being sent to prisoners in England and Wales may face a legal challenge.’
BBC News, 7th May 2014
Source: www.bbc.co.uk
‘The largest family justice reforms for a generation will come into effect today.’
Ministry of Justice, 22nd April 2014
Source: www.gov.uk/government/organisations/ministry-of-justice
Kaneria v Kaneria and others: [2014] EWHC 1165 (Ch); [2014] WLR (D) 177
‘An in-time application for extension of time was not to be treated as if it were an application for relief from sanctions, but was to be judged against the overriding objective rather than CPR r 3.9. When dealing with an in-time application, the court was not to give paramount status to the considerations of enforcing compliance with rules, Practice Directions and orders.’
WLR Daily, 15th April 2014
Source: www.iclr.co.uk
‘New combined Family Courts have come into being in England and Wales as part of family justice system reforms.’
BBC News, 22nd April 2014
Source: www.bbc.co.uk
‘The Family Drug and Alcohol Court (FDAC) must be a “vital component” of the unified Family Court, the head of the Family Division said in a judgment highlighting the need for strict adherence to the time limit for resolving care cases.’
Family Law Week, 16th April 2014
Source: www.lawsocietygazette.co.uk
‘Julie Stather, barrister of 42 Bedford Row, examines the recent use of section 20 and considers its future in the light of the impending 26 week limit for care proceedings.’
Family Law Week, 16th April 2014
Source: www.familylawweek.co.uk
‘Justice Minister Simon Hughes MP welcomes the family justice changes which come into force on the 22nd April.’
Family Law Week, 16th April 2014
Source: www.familylawweek.co.uk
‘Tucked away at the back of last week’s Supreme Court decision on time-limits for follow-on claims is a very important development for private competition actions.’
Competition Bulletin from Blackstone Chambers, 13th April 2014
Source: www.competitionbulletin.com
‘The early conciliation scheme packs some hidden complexities notes Charles Pigott.’
New Law Journal, 10th April 2014
Source: www.newlawjournal.co.uk
Nursing and Midwifery Council v Kidd and another [2014] EWHC 847 (Admin); [2014] WLR (D) 155
‘Where the Nursing and Midwifery Council applied to the High Court under article 31(8) and (9) of the Nursing and Midwifery Order 2001 for the extension of an interim suspension order, the respondent affected by the order should ordinarily receive a minimum of seven calendar days notice of the application.’
WLR Daily, 26th March 2014
Source: www.iclr.co.uk
‘The director of public prosecutions has admitted an error was made by the Crown Prosecution Service (CPS) during a Mafia boss’s extradition proceedings.’
BBC News, 28th March 2014
Source: www.bbc.co.uk
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