Category: delay

Armin Cuyvers: Two Legal Tools to Avoid Hard Brexit: Delayed Exit and Decreasing Membership under Article 50 TEU – UK Constitutional Law Association

Posted November 28th, 2017 in brexit, constitutional reform, delay, EC law, news, treaties by sally

‘Faced with a cliff, jumping is generally considered one of the least pleasant solutions. Yet we are racing towards the edge of the Brexit cliff. Miracles excluded, the UK and EU will not be able to finalize the necessary Brexit agreements in time. Effectively, there is less than a year left, and we have not even moved beyond the Brexit bill. As an extension of the two-year term seems politically impossible in the UK, we seem left with one unlikely and one disastrous possible outcome.’

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UK Constitutional Law Association, 24th November 2017

Source: ukconstitutionallaw.org

SDT warns that revised dishonesty test could cause delays in trying solicitors – Legal Futures

Posted November 28th, 2017 in delay, disciplinary procedures, news, solicitors by sally

‘The recent Supreme Court ruling that changed the test of dishonesty could cause delays and more hearings at the Solicitors Disciplinary Tribunal (SDT), its chief executive has warned.’

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Legal Futures, 27th November 2017

Source: www.legalfutures.co.uk

Manchester attack: Pre-inquest hearings delayed to 2018 – BBC News

Posted November 23rd, 2017 in delay, inquests, news, terrorism by sally

‘A pre-inquest review hearing into the deaths of the Manchester Arena attack victims has been delayed until 2018.’

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BBC News, 22nd November 2017

Source: www.bbc.co.uk

‘Change your attitude’: judge threatens litigators with ‘draconian’ costs penalties – Law Society’s Gazette

Posted November 15th, 2017 in case management, costs, delay, news, penalties by sally

‘A High Court judge has warned of ‘draconian’ costs penalties should two parties in litigation continue to refuse to cooperate.’

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Law Society's Gazette, 15th November 2017

Source: www.lawgazette.co.uk

‘Disastrous’ offender tagging scheme hit by fresh delays – The Guardian

Posted November 14th, 2017 in criminal justice, delay, news, select committees by sally

‘Fresh delays have hit the government’s scandal-hit programme for the electronic tagging of offenders, which mean the next-generation satellite tracking tags will not come into use until early 2019, MPs have been told.’

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The Guardian, 13th November 2017

Source: www.theguardian.com

High Court issues costs penalties for claimants’ conduct in settling claim – Litigation Futures

Posted November 10th, 2017 in costs, defamation, delay, news, part 36 offers, penalties by sally

‘A corporate claimant that accepted a part 36 offer late should not get its costs up to the point where the offer expired because its conduct meant the usual rule should not apply, the High Court has ruled.’

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Litigation Futures, 9th November 2017

Source: www.litigationfutures.com

High Court dismisses seven-year legal aid contract fight – Law Society’s Gazette

Posted November 2nd, 2017 in delay, law firms, legal aid, news by sally

‘The High Court has dismissed a law firm’s challenge to a government legal aid contract decision – seven years after judicial review proceedings began. Mr Justice Coulson hoped the “sorry saga’ would be regarded as an example of how not to conduct a public procurement challenge.’

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Law Society's Gazette, 1st November 2017

Source: www.lawgazette.co.uk

From Russia with love: the latest word on Part III MFPA 1984 Claims – Family Law Week

Posted November 2nd, 2017 in delay, divorce, financial provision, foreign jurisdictions, jurisdiction, news by sally

‘Byron James, barrister, Expatriate Law (based in the United Arab Emirates) considers the recent guidance from the Court of Appeal in relation to applications made under Part III of the Matrimonial and Family Proceedings Act 1984.’

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Family Law Week, 27th October 2017

Source: www.familylawweek.co.uk

Don’t be late – Hardwicke Chambers

Posted October 20th, 2017 in budgets, civil procedure rules, costs, delay, news, sanctions, time limits by sally

‘Much has been written about the court’s discretion to grant relief from sanctions pursuant to CPR 3.9 over recent years, due to the reformulation of the rule in April 2013 and the landmark Court of Appeal decision in Mitchell MP v News Group Newspapers Ltd [2013]. The strictness of the approach in Mitchell led to an outcry from academics and practitioners, but that has now been allayed by the Court of Appeal in Denton v TH White Ltd [2014].’

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Hardwicke Chambers, 5th October 2017

Source: www.hardwicke.co.uk

The shifting sands of risk management in construction projects – Hardwicke Chambers

Posted October 20th, 2017 in construction industry, delay, insurance, news by sally

‘Construction and engineering projects, whether land-based or marine, are inherently risky. For this reason, parties to construction and engineering contracts manage risk by seeking to allocate responsibility for each different type of risk to a particular party.’

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Hardwicke Chambers, 20th October 2017

Source: www.hardwicke.co.uk

Case Law Update – Byrom Street Chambers

Posted October 20th, 2017 in community care, Court of Protection, damages, delay, disclosure, evidence, hospitals, medical records, negligence, news, periodical payments, personal injuries, video recordings by sally

‘This paper examines a selection of those of the more interesting cases to those acting for defendants over the past two years.’

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Byrom Street Chambers, 26th September 2017

Source: www.byromstreet.com

The Final Destination? The Court of Appeal’s decision in Gahan v Emirates – 4 KBW

Posted October 20th, 2017 in airlines, compensation, delay, EC law, jurisdiction, news, treaties by sally

‘On the 12 October 2017, the Court of Appeal delivered judgment in the joined cases of Gahan v Emirates and Buckley and ors v Emirates [2017] EWCA Civ 1530, in which both the Civil Aviation Authority and the International Air Transport Association intervened.’

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4 KBW, 13th October 2017

Source: www.4kbw.net

GDPR: Businesses will be considered ‘aware’ of data breaches when their data processors notice the breach, says watchdog – OUT-LAW.com

Posted October 20th, 2017 in data protection, delay, EC law, news, notification by sally

‘Businesses that outsource the processing of personal data to other companies will be said to be aware of data breaches experienced by those processors as soon as the processors themselves recognise the breach, according to proposed new guidance.’

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OUT-LAW.com, 20th October 2017

Source: www.out-law.com

Understandable Relief – CPR 3.9 Appeal – Late Filing Of Costs Budget – Zenith PI

Posted October 17th, 2017 in appeals, budgets, civil procedure rules, costs, delay, news by sally

‘I recently represented the Claimant/Appellant before HHJ Gosnell in Leeds in relation to an appeal against the refusal of an application for relief from sanctions at first instance. The appeal was successful, with relief being granted and the Claimant being permitted to rely on his costs budget, despite it having been served over two months late, rather than being treated as having filed a budget comprising only the applicable court fees.’

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Zenith PI, 16th October 2017

Source: zenithpi.wordpress.com

Whalley v Advantage Insurance [2017]: Costs Consequences Following the Late Acceptance of Part 36 Offers in Fixed Costs Cases – Zenith PI Blog

Posted October 12th, 2017 in civil procedure rules, costs, delay, insurance, news, part 36 offers, personal injuries by sally

‘The Claimant brought a claim for personal injury arising out a road traffic accident which took place on 11th July 2014. The Claimant went on to make a Part 36 offer to accept an 85/15 split on liability dated 7th December 2015. The Defendant’s time for accepting the offer expired on 30th December 2015. The Defendant did not in fact accept the Claimant’s Part 36 offer until 29th January 2016. The delay in accepting the offer was therefore just under one month post expiry. Quantum was agreed in the sum of £10,000 which was paid. The issue was whether the Claimant’s costs were limited to fixed costs for the entire action or whether the Claimant was entitled to either assessed costs or indemnity costs for the period 30th December 2015 to 29th January 2016.’

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Zenith PI Blog, 11th October 2017

Source: zenithpi.wordpress.com

High Court denies claimants relief from sanctions after “serious and substantial default” – Litigation Futures

Posted October 10th, 2017 in claims management, delay, news, sanctions, service by sally

‘The High Court has rejected an application for relief from sanctions from claimants found to be in “serious and substantial” default by serving their particulars of claims three months late.’

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Litigation Futures, 10th October 2017

Source: www.litigationfutures.com

When is a financial agreement between a separating couple binding? – Family Law

Posted October 9th, 2017 in agreements, appeals, delay, disclosure, divorce, financial provision, news by sally

‘In the case of Briers v Briers [2017] EWCA Civ 15, Mrs Briers (W) issued financial remedy proceedings 11 years after she separated from Mr Briers (H), and eight years after H alleged they had reached a concluded agreement settling their financial affairs. The Court of Appeal found that the parties had not reached a concluded agreement, despite both acting on the agreement including the transfer of assets to one another. W could, therefore, bring further financial claims against H.’

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Family Law, 6th October 2017

Source: www.familylaw.co.uk

Who knows where the time goes? – Practical Law: Construction Blog

Posted October 5th, 2017 in construction industry, contracting out, contracts, damages, delay, news, time limits by sally

‘Einstein famously said that the distinction between past, present and future is only a stubbornly persistent illusion. The nature of time is not an easy concept to grapple with and I had a similar (albeit not quite so ethereal) experience preparing a recent seminar on the practical effect of the decision in Carillion Construction v Emcor Engineering Services relating to contiguous (or rather non-contiguous) extensions of time.’

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Practical Law: Construction Blog, 2nd October 2017

Source: constructionblog.practicallaw.com

High Court enforces contractual provision allocating responsibility for concurrent delay to contractor – OUT-LAW.com

Posted October 4th, 2017 in construction industry, contracts, delay, news by sally

‘The High Court has found that a clause in a construction contract which allocates the risk of concurrent delays to the contractor is valid and enforceable.’

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OUT-LAW.com, 3rd October 2017

Source: www.out-law.com

Home Office visa delays ‘inhumane’ – BBC News

Posted October 3rd, 2017 in bills, delay, immigration, news by sally

‘Economic migrants are living in administrative limbo without passports for up to two years because of Home Office delays, figures show.’

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BBC News, 3rd October 2017

Source: www.bbc.co.uk