‘Warwickshire County Council has said it will review its decisions in two cases in which it denied parents’ requests for deferred summer-born children to start school in reception class rather than year one after receiving criticism from the Local Government Ombudsman (LGO).’
Local Government Lawyer, 18th February 2020
Source: www.localgovernmentlawyer.co.uk
‘Following the decision in I v Hull & East Yorkshire Hospitals NHS Trust (25 February 2019), applications for a further interim payment on account of costs have become common in high-value clinical negligence and personal injury claims where there is likely to be substantial delay before quantum can be determined by the court. In the recent decision in RXK v Hampshire Hospitals NHS Foundation Trust [2019] EWHC 2751 (QB), Master Cook observed that there was no decision of the High Court on the principle of whether such applications are well founded and have an adequate judicial basis in the rules and/or the authorities. Thus, the master took the opportunity in RXK to provide guidance ‘in the hope that such applications would be better prepared in future’.’
Law Society's Gazette, 17th February 2020
Source: www.lawgazette.co.uk
‘The Civil Procedure Rule Committee last week put off approving the rules for the new whiplash portal until next month, it is understood, making the April start-date all-but impossible.’
Legal Futures, 10th February 2020
Source: www.legalfutures.co.uk
‘Asylum seekers who have waited more than six months for a decision on their claim would be given the right to work under a new bill brought forward in parliament.’
The Independent, 5th February 2020
Source: www.independent.co.uk
‘He arrived in the UK nearly a decade ago after an “uncle” – the term he uses for older men of his nationality – helped him escape the violence, labour exploitation and sexual abuse he was subjected to for most of his childhood. He has since been saved from his exploiters, but faced a different challenge – the battle for protection from the Home Office.’
The Independent, 4th February 2020
Source: www.independent.co.uk
‘Legal rights campaign groups have described as a “disgrace” the government’s delay in reforming the criminal record checks system.’
The Guardian, 30th January 2020
Source: www.theguardian.com
‘We saw the High Court in this case take an incredibly strict approach to homelessness section 204 appeal timescales (our report), deciding that seeking legal aid representation could not be a good reason for filing an appeal out of time because, well, the substance of any appeal should be obvious to an unrepresented homeless applicant. We expressed considerable doubts about the realism of this decision at the time. Now, as it turns out, the Court of Appeal has had similar doubts.’
Nearly Legal, 2nd February 2020
Source: nearlylegal.co.uk
‘The Court of Appeal has overturned a High Court ruling that the fact a homeless applicant was unrepresented and seeking legal aid was not a “good reason” for delay in bringing an appeal under s.204 of the Housing Act 1996 against an adverse review decision under the homelessness provisions of that Act.’
Local Government Lawyer, 31st January 2020
Source: www.localgovernmentlawyer.co.uk
‘HHJ Freedman, the Designated Civil Judge in Newcastle, had to grapple with this in the case of Mitchell v Precis 548 Ltd [2019] EWHC 3314 (QB). HHJ Freedman had to decide whether to accede to the request of a First Defendant in the proceedings as to whether to vacate a trial 2 days before it was due to start.’
Parklane Plowden, 24th January 2020
Source: www.parklaneplowden.co.uk
‘White Constructions, a developer, engaged a sewer designer (“IWS”) and water servicing coordinator (“SWC”) to design a sewerage solution that complied with New South Wales regulations. The initial design was rejected by the relevant authorities, but a second design was later submitted and accepted. Subsequently, White Constructions brought proceedings against IWS and SWC for failing to produce a sewer design acceptable to the relevant authority within a reasonable time period, submitting that this failure caused delay to the completion of the project and thereby led to significant additional costs. At trial, the parties were each permitted to engage their own experts to assess the alleged delay. White Construction’s expert used an ‘as planned versus as-built windows analysis’, stipulating that there had been a serious delay of 240 days. The Defendants’ expert used a ‘collapsed as-built (or “but-for”) analysis’, demonstrating that there had been, at most, a 19-day delay. However, neither evidences were used by the Court because the they seen as not being appropriate for the case. Instead, the Court appointed a third expert whose evidence was preferred. The Court found that no breach had been established and so damages were not awarded.’
Hardwicke Chambers, 16th January 2020
Source: hardwicke.co.uk
‘Knowing when and how an insurer’s rights should be reserved is a key skill for anyone involved in handling insurance claims. Listen to this podcast to hear Alison Padfield QC’s thoughts on this controversial issue, together with an outline of the new legislation on damages for late payment of claims by insurers – and why she thinks the two topics might be linked.’
4 New Square, 14th January 2020
Source: www.4newsquare.com
‘Victims of crime are having to wait up to three years for offenders to be sentenced as the length of time it takes to bring a criminal to justice has soared by more than a third in the past decade.’
Daily Telegraph, 12th January 2020
Source: www.telegraph.co.uk
‘Victims of serious crime now wait almost a year-and-a-half for the suspects to go on trial while judges sit “idle” after the government cut their sitting days – despite Guardian analysis finding almost half of all crown courtrooms in England and Wales are empty each day.’
The Guardian, 13th January 2020
Source: www.theguardian.com
‘The families of Grenfell victims could be forced to wait at least eight years after the tragedy to discover if anybody will ever be charged over 72 deaths.’
Daily Telegraph, 4th January 2020
Source: www.telegraph.co.uk
‘A paedophile who admitted having sex with a 13-year-old girl has been spared jail after backlogs meant his case took over two years to come before the courts.’
Daily Telegraph, 11th December 2019
Source: www.telegraph.co.uk
‘The Home Office has been unlawfully forcing trafficked people to wait for months and sometimes years before granting them leave to remain in the UK, the High Court has ruled.’
The Independent, 11th December 2019
Source: www.independent.co.uk
‘The average time between a small claim being issued and going to trial continues to spiral upwards ahead of the reforms which will send hundreds of thousands of personal injury claims into the system.’
Litigation Futures, 6th December 2019
Source: www.litigationfutures.com
‘The Supreme Court is to review a controversial ruling that a law firm handling uncontested flight delay claims was not conducting litigation and so did not have an equitable lien over the compensation.’
Litigation Futures, 5th December 2019
Source: www.litigationfutures.com
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