‘The Court of Appeal has opened the way for “thousands” of flight delay claims after ruling that a pilot’s sickness just before a flight took off was not a reason to refuse compensation.’
Litigation Futures, 31st March 2021
Source: www.litigationfutures.com
‘The backlog of crown court cases in England and Wales has reached “crisis levels”, with the increased remand population likely to disproportionately impact children and young people from black and minority ethnic backgrounds, a parliamentary committee has warned.’
The Guardian, 30th March 2021
Source: www.theguardian.com
‘The Ministry of Justice “faces significant risks across the full range of its services, without a clear sense of prioritisation” and huge backlogs that have built up are causing “unacceptably long waiting times for people to access justice”, the Public Accounts Committee has said.’
Local Government Lawyer, 24th March 2021
Source: www.localgovernmentlawyer.co.uk
‘Delays in cases going through the civil court continue to spiral upwards, with the whiplash reforms set to increase pressure on the small claims court even further in the coming months.’
Litigation Futures, 23rd March 2021
Source: www.litigationfutures.com
‘More than 3,600 people – almost a third of England’s remand prison population – have been held beyond the legal time limit awaiting trials as the pandemic wreaks havoc on the legal process.’
The Guardian, 17th March 2021
Source: www.theguardian.com
‘Victims, witnesses and defendants have been promised actions to reduce delays in case progression and to support the timely delivery of justice.’
Crown Prosecution Service, 8th March 2021
Source: www.cps.gov.uk
‘Court backlogs are having “major consequences for victims and witnesses”, a watchdog has found, as criminal trials are being scheduled for 2023.’
The Independent, 9th March 2021
Source: www.independent.co.uk
‘The NHS is facing what doctors fear is “a legal storm” of claims for compensation from patients who could not get cancer treatment during the pandemic. Leading cancer surgeons are warning that patients who could not have surgery at the planned time, or a scan, or see their GP because of Covid-related disruption to services may sue if their cancer subsequently spread.’
The Guardian, 7th March 2021
Source: www.theguardian.com
‘In EOG v SSHD [2020] EWHC 3310 (Admin) the Court considered a challenge to the Home Office’s policy not to grant victims of trafficking a right to work or leave to remain whilst they are within the National Referral Mechanism. Mostyn J found in the Claimant’s favour and declared the Home Office’s policy unlawful as it failed to implement the obligation in Article 10.2 of ECAT to protect potential victims of trafficking from removal pending the conclusion of the process. He held that “[s]uffering such persons to remain as overstayers, or as illegal immigrants, does not fulfil the obligation” (§48). He left the issue of how the policy should be reformulated to the Home Office to determine. As regards the right to work, the Judge held that “Someone in the position of the claimant, who has a time-limited right to work, should not have the arbitrary adverse consequence of a removal of that right meted out to her simply by virtue of the delays that she is likely to face” (§48).’
Garden Court Chambers, 26th February 2021
Source: www.gardencourtchambers.co.uk
‘Up to 10,000 vulnerable victims facing long delays for trials should be allowed to give evidence by video in an attempt to stop them falling out of the system, according to the victims’ commissioner for England and Wales.’
The Guardian, 5th March 2021
Source: www.theguardian.com
‘Rapists and other serious criminals are walking free because victims are dropping court cases because of delays, a watchdog has warned.’
The Independent, 2nd March 2021
Source: www.independent.co.uk
‘In this latest Environmental Law News Update, Charles Morgan, Noémi Byrd and Mark Davies consider a recent case involving the application of Energy National Policy Statements to nationally significant infrastructure projects, developments on legislation to curb sewage overflows and further delays for the Environment Bill.’
Six Pump Court, 5th February 2021
Source: www.6pumpcourt.co.uk
‘The London Fire Brigade (LFB) has only implemented four of the 29 recommendations suggested to it by the first part of the Grenfell inquiry, a new report has found.’
The Independent, 12th February 2021
Source: www.independent.co.uk
‘The family courts were overwhelmed with cases prior to the Pandemic, leading to long delays and, perhaps most distressing to the parties engaged in this type of conflict resolution, last minute adjournments which can incur significant wasted costs, for which there is generally no recourse, together with the distress and anxiety associated with yet further, often prejudicial, delay in ending what is for most participants a highly unpleasant and distressing experience.’
Becket Chambers, 1st February 2021
Source: becket-chambers.co.uk
‘The legal profession claimed victory last night in the fight against extended operating hours (EOH) in the criminal courts.’
Legal Futures, 4th February 2021
Source: www.legalfutures.co.uk
‘Ben Hargreaves looks at the case law from R (Ebrahim) v Feltham MC [2001] 2 Cr.App.R. 23 through to R v Hewitt [2020] EWCA Crim 1247 and considers whether there is any prospect of turning the tide on the diminishing scope for successful abuse arguments in historic sex allegations.’
Carmelite Chambers, 1st February 2021
Source: www.carmelitechambers.co.uk
‘The High Court judgment in R (DMA & Ors) v The Secretary of State for the Home Department [2020] EWHC 3416 (Admin) upheld a significant judicial review challenge against the Secretary of State over systemic delays in the provision of adequate accommodation to destitute, refused asylum seekers.’
EIN Blog, 1st February 2021
Source: www.ein.org.uk
‘Labour is calling for juries to be cut from 12 members to seven, to stem the “gravest crisis” in the justice system since World War Two.’
BBC News, 26th January 2021
Source: www.bbc.co.uk
‘Clinical negligence cases can be complex enough without the added difficulty of delay in bringing proceedings resulting in a limitation defence. When it is raised by Defendants it is currently common for cases to be managed so that limitation will be tried as a preliminary issue, perhaps because of the possibility of a major costs saving if a full trial can be avoided.’
Ropewalk Chambers, 18th January 2021
Source: www.ropewalk.co.uk
‘A judgment made in open court takes effect when it is made and not when it is subsequently sealed. The lapse of time between the making of an order in open court and sealing it may be taken by the unsuccessful party as an opportunity to rehearse legal arguments or to produce new evidence to persuade the court to revisit and amend its order before it is sealed.’
Law Society's Gazette, 18th January 2021
Source: www.lawgazette.co.uk
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