Local authority ordered to pay 85% of costs of wasted Court of Protection hearing – Local Government Lawyer

‘A local authority that was seeking to restrict a woman’s access to social media has been ordered to pay 85% of the Official Solicitor’s costs after the council was late in submitting assessments and a position statement.’

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Local Government Lawyer, 22nd March 2022

Source: www.localgovernmentlawyer.co.uk

Guardian wins legal challenge over access to employment tribunal papers – The Guardian

‘Journalists should be provided with access to documents from employment tribunal cases even in the aftermath of a judgment, it has been ruled, after a successful legal challenge by the Guardian.’

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The Guardian, 22nd March 2022

Source: www.theguardian.com

TCC’s useful reminder of limits of natural justice challenges to adjudicators’ decisions – Practical Law: Construction Blog

‘The case in question is Bilton and Johnson (Building) Co Ltd v Three Rivers Property Investments Ltd, which was heard by Mr Jason Coppell QC (sitting as a deputy High Court judge). I admit that the case doesn’t tell us anything new about the law of adjudication, but it is a useful reminder of the limits of natural justice challenges to adjudicators’ decisions, as well as the fact that whether an adjudicator’s findings are correct as a matter of law is not material to whether their decision should be enforced.’

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Practical Law: Construction Blog, 18th March 2022

Source: constructionblog.practicallaw.com

Roderick Morton examines a High Court appeal against an inspector’s decision refusing a lawful development certificate (LDC) for stationing of mobile homes on a caravan site for permanent occupation. – Local Government Lawyer

Posted March 11th, 2022 in housing, local government, news, time limits by tracey

‘In St Anne’s Court Dorset Limited v SSHCLG and Dorset Council [2021] EWHC 2954 (QB) permission was granted in 1980 for use of the appeal site as a “site for touring caravans”. Conditions required that not more than 15 “touring camping units” could be stationed on the site, that a 2-week time limit applied to any stay, that the site could only be used seasonally between 1 March and 31 October and that no “camping units” could be used as permanent residential units.’

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Local Government Lawyer, 11th March 2022

Source: www.localgovernmentlawyer.co.uk

TikTok: lawyers ‘unwisely’ waited until last minute – Law Society’s Gazette

‘The High Court has dealt a blow to the claimant in a high-profile privacy claim against social media platform TikTok after refusing an extension of time for service.
In SMO (A Child) v Tiktok Inc & Ors Mr Justice Nicklin said that the “inescapable reality” of why the claimant needed an extension was that she had waited until the last minute to meet key deadlines.’

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Law Society's Gazette, 9th March 2022

Source: www.lawgazette.co.uk

JCT insolvency ruling: time limit on termination not condition precedent – OUT-LAW.com

Posted March 7th, 2022 in company law, construction industry, contracts, debts, insolvency, news, time limits by tracey

‘An English High Court ruling in an insolvency case concerning a Joint Contracts Tribunal (JCT) Minor Works contract (2011) could apply to other standard form contracts in the same suite, a legal expert has said.’

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OUT-LAW.com, 4th March 2022

Source: www.pinsentmasons.com

New Judgment: Public Prosecutors Office of the Athens Court of Appeal v O’Connor [2022] UKSC 4 – UKSC Blog

‘The Respondent was ordered to be extradited to Greece for the purposes of conducting a criminal prosecution against him. On that day, the Respondent’s solicitor stated orally in court that an appeal would be lodged against the extradition order, and on 16 December 2015, the notice of application for leave to appeal was filed with the Court. However, due to an oversight, the solicitor failed to serve the notice on the Crown Solicitor’s Office (on behalf of Greece) until about three weeks later.’

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UKSC Blog, 3rd February 2022

Source: ukscblog.com

Met police won’t investigate alleged No 10 lockdown party – The Guardian

‘The Metropolitan police will not investigate alleged parties held at Downing Street in apparent breach of lockdown rules unless an upcoming inquiry finds evidence of criminality.’

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The Guardian, 13th January 2022

Source: www.theguardian.com

Domestic abuse victims in England and Wales to be given more time to report assaults – Ministry of Justice

‘Under the changes, victims of domestic abuse will be allowed more time to report incidents of common assault or battery against them. Currently, prosecutions must commence within six months of the offence.’

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Ministry of Justice, 4th January 2022

Source: www.gov.uk

Breastfeeding voyeurs targeted by new proposed offence in England and Wales – The Guardian

‘Voyeurs who record images of breastfeeding women without permission and domestic abusers who escape jail because of time limits on prosecutions are being targeted by proposals put before parliament on Tuesday.’

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The Guardian, 4th January 2022

Source: www.theguardian.com

Covid not good enough reason for solicitors missing court deadline – Legal Futures

Posted December 6th, 2021 in coronavirus, delay, law firms, negligence, news, striking out, time limits by sally

‘The disruption caused by Covid last year was not a good enough excuse for a law firm missing a deadline to file amended particulars of claim by four months, the High Court has ruled.’

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Legal Futures, 6th December 2021

Source: www.legalfutures.co.uk

The Abortion Act 1967 and Down Syndrome: Crowter – Law & Religion UK

Posted December 6th, 2021 in abortion, disabled persons, human rights, news, pregnancy, time limits by sally

‘In R (Crowter & Ors) v Secretary of State for Health and Social Care [2021] EWHC 2536 (Admin), the issue before the Court was the fact that the Abortion Act 1967 differentiates between pregnancies where there is a substantial risk that, if born, a child would be “seriously handicapped” (the terminology used in the Act) and those where it would not. The three claimants – a 25-year-old woman with Down Syndrome who had gained an NVQ qualification level, was employed and had recently married, A, a two-year-old with Down Syndrome who had met all his developmental milestones, and A’s mother [6-8] – challenged the disability ground for abortion in section 1(1)(d) of the Act as contrary to Articles 2 (right to life), 3 (inhuman or degrading treatment) and 8 (private and family life) ECHR.’

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Law & Religion UK, 3rd December 2021

Source: lawandreligionuk.com

Remand inmates in England and Wales ‘facing second Christmas behind bars’ – The Guardian

‘Some defendants will be facing “a second Christmas behind bars without the opportunity to prove their innocence”, a legal charity has warned, as the number of remand prisoners in England and Wales detained longer than the legal custody limit continues to rise.’

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The Guardian, 1st December 2021

Source: www.theguardian.com

Domestic abuse victim ‘living in fear’ after being wrongly told she could not appear ex-partner’s ‘lenient’ sentence – The Independent

‘“Myself and my family have suffered life-changing trauma,” a domestic abuse victim tells The Independent. “Following the attack, I am unable to work due to my injuries and live in paralysing fear of what will happen when he is released in eight years.”

Her ex-partner was jailed for life – but with a minimum term of only eight years – in March. The domestic abuse victim has now been told she has missed her chance to appeal his sentence but was never told she had the right to do so under the Unduly Lenient Sentencing scheme. Instead, police inaccurately told her she was unable to appeal his sentence because “a life sentence is the maximum”.’

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The Independent, 19th November 2021

Source: www.independent.co.uk

Priti Patel’s immigration bill will make it harder to prosecute human traffickers, top police officers warn – The Independent

‘Priti Patel’s immigration bill risks hampering the prosecution of human traffickers in the UK and making it more difficult for people to escape exploitation, senior police officers have warned.’

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The Independent, 8th November 2021

Source: www.independent.co.uk

The zombie law: 3C leave and long residence – 5SAH

Posted November 4th, 2021 in appeals, immigration, legislative drafting, news, regulations, time limits by sally

‘The “labyrinthine structure and idiosyncratic drafting” of the Immigration Rules (the Court of Appeal’s words, not mine), sometimes makes it difficult to divine the meaning and purpose of UK immigration laws. This is perhaps never more true than in the case of 3C leave. In the recent decisions of Akinola and Hoque, the Court of Appeal has been attempting to makes sense of the situation and what it means for 10-year long residence applications.’

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5SAH, 20th October 2021

Source: www.5sah.co.uk

Rent Repayment applications – time limits for substituting parties – Nearly Legal

Posted November 1st, 2021 in appeals, housing, jurisdiction, landlord & tenant, news, rent, striking out, time limits by tracey

‘Gurusinghe & Ors v Drumlin Ltd (HOUSING – RENT REPAYMENT ORDER – Procedure) (2021) UKUT 268 (LC). Just a quick note on this one – an appeal to the Upper Tribunal on an FTT decision on an application to add a new respondent to an RRO application as the proper landlord.’

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Nearly Legal, 31st October 2021

Source: nearlylegal.co.uk

High Court: Differential standards on abortion time-limits do not breach the human rights of disabled persons – UK Human Rights Blog

‘In Crowter & Ors, R (On the Application Of) v Secretary of State for Health And Social Care [2021] EWHC 2536 (Admin), the High Court considered the lawfulness of the provision in the Abortion Act 1967 which permits termination of a foetus after 24 weeks where there is a substantial risk that, if born, a child would be “seriously handicapped”.’

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UK Human Rights Blog, 25th October 2021

Source: ukhumanrightsblog.com

Huge rise in domestic abuse cases being dropped in England and Wales – BBC News

Posted October 15th, 2021 in criminal justice, domestic violence, news, prosecutions, statistics, time limits, women by tracey

‘Victims of alleged domestic abuse are seeing their cases dropped at a rapidly increasing rate, according to data obtained by the BBC.’

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BBC News, 15th October 2021

Source: www.bbc.co.uk

Court lets late solicitors off hook – but don’t expect more ‘indulgence’ – Law Society’s Gazette

Posted October 8th, 2021 in civil procedure rules, documents, news, service, solicitors, time limits by tracey

‘ The High Court has shown a rare act of mercy to lawyers who filed documents late without checking to see if their opponents would accept email service. In Citysprint UK Ltd v Barts Health NHS Trust Mr Justice Fraser stressed that the particular circumstances were unusual and that his ruling should not be interpreted as the court being “indulgent” to failures of compliance.’

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Law Society's Gazette, 7th October 2021

Source: www.lawgazette.co.uk