Council takes 10 years not to make a decision on village green status – The Guardian
‘Ombudsman orders Cornwall to pay compensation over locals’ plan for land near Saltash.’
The Guardian, 25th April 2019
Source: www.theguardian.com
Category: delay
Terror case delayed after judge criticises pre-sentence report – The Guardian
‘A judge has delayed sentencing a teenage student who was convicted of plotting a terror attack, because of “deep concerns” over a report prepared by an inexperienced probation worker.’
The Guardian, 15th April 2019
Source: www.theguardian.com
High Court strikes out City firm’s ‘warehoused’ claim – Litigation Futures
‘The High Court has struck out a claim by City firm Bryan Cave Leighton Paisner (BLCP) for abuse of process on the grounds of ‘warehousing’.’
Litigation Futures, 27th March 2019
Source: www.litigationfutures.com
Ep. 74: Brexit Delayed – Law Pod UK
‘Professor Catherine Barnard, discusses the latest Brexit developments and looks at the options now with just four days to go before the UK was originally set to leave the EU.’
Law Pod UK, 26th March 2019
Source: audioboom.com
CPS under fire for delay in charging man accused of raping boy, 12 – The Guardian
‘The Crown Prosecution Service has come under fire for waiting nearly a year and a half to charge a man accused of raping a 12-year-old boy despite him admitting to the crime.’
The Guardian, 25th March 2019
Source: www.theguardian.com
Claimant solicitors secure £150k interim costs for unfinished dispute – Law Society’s Gazette
‘The county court has granted solicitors an interim costs order in a long-running case where the level of damages was still three years from being finalised.’
Law Society's Gazette, 21st March 2019
Source: www.lawgazette.co.uk
Judge: solicitors need “adequate cash flow” to fund med neg cases – Litigation Futures
‘Solicitors may refuse to take on medical negligence cases at an early stage if courts fail to ensure “adequate cash flow”, a circuit judge has warned.’
Litigation Futures, 19th March 2019
Source: www.litigationfutures.com
Changes to police bail has led to further delays and more uncertainty – Daily Telegraph
‘A landmark legal move introduced to prevent suspects spending months languishing on police bail, has backfired with people now spending even longer in limbo, official data has revealed.’
Daily Telegraph, 18th March 2019
Source: www.telegraph.co.uk
Ruling offers guidance on liquidated damages clauses for delay – OUT-LAW.com
‘A ruling by the Court of Appeal earlier this month has highlighted the importance of ensuring IT contracts are clear about how liquidated damages apply in cases where technology suppliers are late in delivering a project, an expert in IT disputes has said.’
OUT-LAW.com, 13th March 2019
Source: www.out-law.com
R (Youngsam) v The Parole Board – Blackstone Chambers
‘The case concerned a prisoner serving a determinate sentence who had been released on licence but then recalled to prison. He complained that there had been a delay in convening a Parole Board hearing concerning his detention, and that this breached his rights under article 5(4) of the European Convention on Human Rights (ECHR).’
Blackstone Chambers, 27th February 2019
Source: www.blackstonechambers.com
Winstone v MGN- 39 Essex Chambers
‘In this article Richard Spearman QC discusses the issues raised in Winstone and Others v MGN Ltd [2019] EWHC (Ch) 265 in which he represented the defendant. The application arose in the Mirror Newspapers Hacking Litigation, and concerned the extent to which materials subject to legal professional privilege remained susceptible to protection after they had been pleaded by claimants.’
39 Essex Chambers, 28th February 2019
Source: www.39essex.com
Liquidated Damages after Termination: Triple Point Technology v. PTT – 4 New Square
‘What happens to liquidated damages when a contract is terminated? Is the employer entitled to payment up until the point of termination? Can damages go beyond termination until the point at which the project is completed by someone else? If so, what happens if the project is never completed? These are all questions which one would normally associate with construction contracts. However, it was in the context of a software development project that they came to be considered in the Court of Appeal in Triple Point Technology v. PTT [2019] EWCA Civ 230.’
4 New Square, 5th March 2019
Source: www.4newsquare.com
Grenfell survivors’ anger as police say no charges until 2021 Grenfell survivors’ anger as police say no charges until 2021 – The Guardian
‘Survivors and the bereaved from the Grenfell Tower fire have expressed their “extreme frustration” at the pace of justice after Scotland Yard admitted no charges were likely for at least two years.’
The Guardian, 7th March 2019
Source: www.theguardian.com
Judge calls halt on parties ‘stopping the clock’ on delays – Law Society’s Gazette
‘A widow has been refused permission to claim against the estate of her late husband after filing her application nearly 17 months out of time.’
Law Society's Gazette, 5th March 2019
Source: www.lawgazette.co.uk
Long court delays lead to boom in private divorces – Daily Telegraph
‘There has been a sharp rise in the number of divorcing couples opting to “go private” in order to avoid the delays and stresses of an over-stretched court system, lawyers have revealed.’
Daily Telegraph, 2nd March 2019
Source: www.telegraph.co.uk
Child witnesses struggling to remember details after lengthy waits – Law Society’s Gazette
‘A 13-year-old witness struggled to recall information in detail when cross-examined in court after waiting two years for the trial to begin, according to research commissioned by the NSPCC, which says child witnesses are being let down by the criminal justice system.’
Law Society's Gazette, 27th February 2019
Source: www.lawgazette.co.uk
Lawyers face new duties to keep litigants in person informed – Law Society’s Gazette
‘Rule changes are on the way addressing concerns that lawyers may be keeping litigants in the dark about important court updates.’
Law Society's Gazette, 26th February 2019
Source: www.lawgazette.co.uk
Appeal judges “penalising law firms for being efficient” – Litigation Futures
‘The Court of Appeal ruling last week in the Bott & Co flight delay litigation shows that judges are not giving solicitors credit for being more business-like and efficient, a leading commentator has argued.’
Litigation Futures, 18th February 2019
Source: www.litigationfutures.com
Report recommends improvements to English planning appeals – OUT-LAW.com
‘An independent review of the planning appeal process in England and Wales has made 22 recommendations, aimed at halving the time taken for an appeal by June 2020.’
OUT-LAW.com, 14th February 2019
Source: www.out-law.com
Care Quality Commission issues first ‘duty of candour’ breach fine – OUT-LAW.com
‘The Care Quality Commission (CQC) has issued its first fine to an NHS trust for failing to comply with its ‘duty of candour’, which requires healthcare providers to be open and honest with patients or their families if there is an incident in which they suffer harm.’
OUT-LAW.com, 13th February 2019
Source: www.out-law.com
