Ruling offers guidance on liquidated damages clauses for delay – OUT-LAW.com

Posted March 14th, 2019 in contracts, damages, delay, news by tracey

‘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.’

Full Story

OUT-LAW.com, 13th March 2019

Source: www.out-law.com

R (Youngsam) v The Parole Board – Blackstone Chambers

Posted March 13th, 2019 in appeals, delay, human rights, news, parole, precedent, prisons by sally

‘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).’

Full Story

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.’

Full Story

39 Essex Chambers, 28th February 2019

Source: www.39essex.com

Liquidated Damages after Termination: Triple Point Technology v. PTT – 4 New Square

Posted March 12th, 2019 in contracts, damages, delay, interpretation, news, penalties by sally

‘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.’

Full Story

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.’

Full Story

The Guardian, 7th March 2019

Source: www.theguardian.com

Judge calls halt on parties ‘stopping the clock’ on delays – Law Society’s Gazette

Posted March 5th, 2019 in bereavement, delay, news, time limits, wills by tracey

‘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.’

Full Story

Law Society's Gazette, 5th March 2019

Source: www.lawgazette.co.uk

Long court delays lead to boom in private divorces – Daily Telegraph

Posted March 4th, 2019 in delay, divorce, family courts, news by sally

‘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.’

Full Story

Daily Telegraph, 2nd March 2019

Source: www.telegraph.co.uk

Child witnesses struggling to remember details after lengthy waits – Law Society’s Gazette

Posted February 28th, 2019 in children, cross-examination, delay, news, witnesses by tracey

‘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.’

Full Story

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.’

Full Story

Law Society's Gazette, 26th February 2019

Source: www.lawgazette.co.uk

Appeal judges “penalising law firms for being efficient” – Litigation Futures

Posted February 18th, 2019 in airlines, compensation, delay, fees, law firms, news by sally

‘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.’

Full Story

Litigation Futures, 18th February 2019

Source: www.litigationfutures.com

Report recommends improvements to English planning appeals – OUT-LAW.com

Posted February 15th, 2019 in appeals, case management, delay, inquiries, local government, news, planning by sally

‘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.’

Full Story

OUT-LAW.com, 14th February 2019

Source: www.out-law.com

Care Quality Commission issues first ‘duty of candour’ breach fine – OUT-LAW.com

Posted February 14th, 2019 in children, delay, duty of candour, fines, hospitals, medical treatment, news, notification by sally

‘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.’

Full Story

OUT-LAW.com, 13th February 2019

Source: www.out-law.com

Uncontested flight delay claims “not litigation”, CA rules – Litigation Futures

Posted February 13th, 2019 in airlines, appeals, compensation, costs, delay, news, statistics, Supreme Court by sally

‘The work done by pioneering law firm Bott & Co in bringing uncontested flight delay claims does not amount to litigation services and so it cannot claim an equitable lien over the damages for its costs, the Court of Appeal has ruled.’

Full Story

Litigation Futures, 13th February 2019

Source: www.litigationfutures.com

Planning appeal decisions could be cut by 5 months – Ministry of Housing, Communities & Local Government

Posted February 12th, 2019 in appeals, delay, housing, planning, press releases, reports by tracey

‘Independent review says the average time to decide a planning appeal inquiry could be slashed from 47 to 26 weeks.’

Full press release

Ministry of Housing, Communities & Local Government , 12th February 2019

Source: www.gov.uk/government/organisations/ministry-of-housing-communities-and-local-government

High Court allows more time for steelworker claims – Litigation Futures

‘The High Court has given the personal representatives of deceased steelworkers more time to register their compensation claims under a group litigation order (GLO).’

Full Story

Litigation Futures, 7th February 2019

Source: www.litigationfutures.com

Courts IT chaos prompts call for compensation and more funding – The Guardian

‘The computer network collapse that disrupted courts across England and Wales for days has prompted calls for compensation and improved funding for the beleaguered criminal justice system.’

Full Story

The Guardian, 23rd January 2019

Source: www.theguardian.com

‘Criminals escaping justice’ due to IT system – BBC News

Posted January 24th, 2019 in computer programs, delay, news, police by tracey

‘A police IT system is “unfit for purpose” and causing some criminals to escape justice, officers have told the BBC’s Victoria Derbyshire programme. Nine forces in England and Wales use Athena, which promised to speed up the detection of crimes. But officers say it regularly crashes and is overly complicated, meaning some cases are not built in time or dropped.’

Full Story

BBC News, 24th January 2019

Source: www.bbc.co.uk

Court of Appeal says no to indefinite delay to insolvency case – OUT-LAW.com

Posted January 18th, 2019 in appeals, debts, delay, foreign jurisdictions, insolvency, news, Supreme Court by tracey

‘The Court of Appeal has said that English courts will not indefinitely delay a case, preventing English creditors from pursuing claims in insolvency proceedings abroad, especially when the foreign proceedings had ended. It said that an English debt can only be discharged by an English law process.’

Full Story

OUT-LAW.com, 17th January 2019

Source: www.out-law.com

Sexual assault forensics centres failing some victims – BBC News

‘Young victims of sexual assault are not being forensically examined within a critical time period at some privately-run referral centres, a BBC investigation has found.’

Full Story

BBC News, 8th January 2019

Source: www.bbc.co.uk

More than 40 drug driving convictions overturned in probe over ‘data manipulation’ at forensics lab – The Independent

‘More than 40 drug driving prosecutions have so far been quashed over the manipulation of data at a forensics laboratory charged with testing samples from across the UK.’

Full Story

The Independent, 6th December 2018

Source: www.independent.co.uk