ECHR Articles 9 and 14 – Local Government Law

‘In R (Adath Yisroel Burial Society) v Senior Coroner for Inner North London (2018) EWHC 969 (Admin) a Divisional Court (Singh LJ and Whipple J) observed (paragraph 94) that in Eweida v UK the ECtHR emphasized the importance of the rights set out in Article 9, and stated that there are several things of importance to note about the terms of Article 9.’

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Local Government Law, 1st May 2018

Source: local-government-law.11kbw.com

Coroner defeated over controversial ‘cab-rank’ burial policy – UK Human Rights Blog

‘The Divisional Court has ruled that the Senior Coroner for Inner North London acted unlawfully in adopting a policy that resulted in Jewish and Muslim families facing delays in the burials of family members, contrary to their religious beliefs. The policy was held to amount to an unlawful fetter upon her discretion, and also to be irrational, to breach Articles 9 and 14 of the ECHR and to amount to indirect discrimination contrary to the Equality Act 2010 (“EQA”).’

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UK Human Rights Blog, 1st May 2018

Source: ukhumanrightsblog.com

Rotherham council told to apologise to abuse whistleblower – The Guardian

‘Rotherham council has been ordered to apologise to a whistleblower who helped to expose the town’s grooming scandal after council officials raided her charity without proper explanation – years after she risked imprisonment by revealing how the council, police and social services turned a blind eye to the abuse of at least 1,400 children.’

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The Guardian, 18th April 2018

Source: www.theguardian.com

Appeals and clarification of a judge’s reasons: Re P (A Child) – Family Law

Posted April 16th, 2018 in appeals, child abuse, delay, judgments, news, reasons by sally

‘The recent Court of Appeal decision of Re P (A Child) [2018] EWCA Civ 720 (11 April 2018) concerned T (born we are told ‘in 2000’: ie she is 17 or over, see the Children Act 1989, s 31(3) below) and her younger sister, X. The case operates on a number of levels. The main issue for the Court of Appeal was the judge’s failure to provide a clear and prompt judgment to explain her original determination (communicated in abbreviated form, as explained below); and then to fail to provide the parties with clarification of reasons for her judgment as permissibly requested by them.’

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Family Law, 13th April 2018

Source: www.familylaw.co.uk

Barristers’ strike over cuts to justice system delays case – BBC News

Posted April 5th, 2018 in barristers, delay, fees, industrial action, legal aid, news by sally

‘A murder case at the Old Bailey has become one of the first to be affected by a strike by barristers.’

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BBC News, 4th April 2018

Source: www.bbc.co.uk

Coroner who refuses to let Jewish or Muslim burials skip the queue accused of breaching human rights – Daily Telegraph

‘A coroner who refuses to allow Jews or Muslims to skip the burial queue has been accused of breaching human rights laws at the High Court.’

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Daily Telegraph, 27th March 2018

Source: www.telegraph.co.uk

Smash and grab adjudication ‘essentially over’ after TCC judgment – OUT-LAW.com

‘A well-reasoned judgment by Mr Justice Coulson could put an end to the trend of “smash and grab” adjudications, where the payee pursues the other party for the full amount where no valid payment or pay less notice is served.’

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OUT-LAW.com, 1st March 2018

Source: www.out-law.com

Chief coroner considers ‘cab rank’ burial rule to be unlawful – Law Society’s Gazette

‘The law firm challenging a coroner’s policy of applying a “cab rank” rule for burials by refusing to prioritise them on religious grounds has welcomed what he describes as the chief coroner’s “support”.’

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Law Society's Gazette, 1st March 2018

Source: www.lawgazette.co.uk

Girl with asthma died after doctor turned her away, inquest hears – The Guardian

Posted February 27th, 2018 in children, delay, doctors, health, inquests, negligence, news by sally

‘A five-year-old girl with severe asthma died after being turned away from an appointment with an emergency doctor because she was five minutes late, an inquest has been told.
The coroner said the chance to provide Ellie-May Clark with “potentially life-saving treatment” was missed and she had been let down by failings in the system.’

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The Guardian, 26th February 2018

Source: www.theguardian.com

Jane Collins defamation case: UKIP delayed case – BBC News

Posted February 16th, 2018 in defamation, delay, news, political parties by sally

‘UKIP “deliberately delayed” settlement of a libel case for “political advantage” ahead of the 2015 general election, the High Court has ruled.’

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BBC News, 15th February 2018

Source: www.bbc.co.uk

Woman abandons rape case in despair at legal process – The Guardian

Posted February 15th, 2018 in criminal justice, delay, news, victims by sally

‘A woman who endured five years of delays due to Crown Prosecution Service and Metropolitan police errors in pursuing a rape case is abandoning the legal process in despair.’

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The Guardian, 15th February 2018

Source: www.theguardian.com

Collapsed trial woman says she gave birth ‘alone’ in prison – BBC News

‘A woman held in custody for more than 13 months before her trial collapsed has told the BBC she hopes someone will be punished for the failures which led to her giving birth in prison.’

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BBC News, 31st January 2018

Source: www.bbc.co.uk

Ofcom accuses Three of holding up spectrum auction after failed legal bid – Daily Telegraph

Posted December 21st, 2017 in appeals, delay, news, telecommunications by sally

‘Mobile network Three was accused of holding up plans to bolster Britain’s mobile phone airwaves today after it sought an appeal following an unsuccessful legal challenge against Ofcom.’

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Daily Telegraph, 20th December 2017

Source: www.telegraph.co.uk

Rise of LiPs “key challenge for family lawyers and courts system” – Legal Futures

‘The rise in the number of litigants-in-person in the family courts since the 2013 legal aid reforms has topped a poll of the causes of discontent among family law practitioners for the fifth year running.’

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Legal Futures, 15th December 2017

Source: www.legalfutures.co.uk

Scotland Yard carrying out ‘urgent assessment’ after rape trial collapses – The Guardian

Posted December 15th, 2017 in Crown Prosecution Service, delay, disclosure, evidence, news, police, rape by sally

‘Scotland Yard is carrying out an “urgent assessment” after a rape prosecution collapsed due to the late disclosure of evidence that undermined the case.’

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The Guardian, 15th December 2017

Source: www.theguardian.com

Competition watchdog delays initial verdict on 21st Century Fox’s Sky deal – The Guardian

Posted December 7th, 2017 in competition, delay, media, news by sally

‘The UK competition watchdog has delayed by a month its provisional decision on 21st Century Fox’s £11.7bn proposed deal to take full control of Sky in order to allow sufficient time to consider the thousands of submissions it has received.’

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The Guardian, 6th December 2017

Source: www.theguardian.com

Number of asylum seekers waiting longer than target time rises 27% despite drop in applications – The Independent

Posted December 1st, 2017 in asylum, delay, news by sally

‘The number of asylum seekers who wait longer than the six-month decision target has increased by more than a quarter in the past year, despite asylum applications having fallen by 21 per cent in the same period, figures show.’

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The Independent, 30th November 2017

Source: www.independent.co.uk

Ex-wife of cheating travel boss demands share of his earnings on top of £10m payout – Daily Telegraph

Posted November 30th, 2017 in appeals, delay, divorce, financial provision, news by sally

‘The ex-wife of a travel boss who had multiple affairs is demanding a share of his future earnings on top of a £10m divorce payout, the court of appeal has heard.’

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Daily Telegraph, 29th November 2017

Source: www.telegraph.co.uk

High Court tells parties: Don’t abuse our tougher approach – Law Society’s Gazette

Posted November 29th, 2017 in budgets, delay, news by sally

‘The High Court has sent a message through a new judgment that litigants should not seek advantage from judges’ hardline stance on costs budgeting.’

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Law Society's Gazette, 28th November 2017

Source: www.lawgazette.co.uk

Leading judge warns litigants not to start playing games over “minor procedural glitches” – Litigation Futures

Posted November 29th, 2017 in budgets, civil procedure rules, costs, delay, news, sanctions by sally

‘The incoming deputy head of civil justice has warned parties not to abuse the courts’ tougher approach to rule compliance.’

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Litigation Futures, 28th November 2017

Source: www.litigationfutures.com