Basically, we are all… – NearlyLegal

‘Associated Electrical Industries Ltd v Alstom UK [2014] EWHC 430 is the latest case to be handed down in the post Jackson/Mitchell dystopian legal world.’

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NearlyLegal, 4th March 2014

Source: www.nearlylegal.co.uk

DPP seeks public views on bringing non-recent cases to court – where a nominal penalty is likely – Crown Prosecution Service

Posted February 27th, 2014 in consultations, Crown Prosecution Service, delay, news, prosecutions, victims by sally

‘The Director of Public Prosecutions has today instructed prosecutors not to dismiss complaints about crimes allegedly committed decades ago just because of the lapse in time of reporting, in a shift of focus towards ensuring potential victims have their day in court.’

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Crown Prosecution Service, 27th February 2014

Source: http://blog.cps.gov.uk

In re NL (A Child) (Appeal: Interim Care Order: Facts and Reasons) – WLR Daily

Posted February 17th, 2014 in care orders, delay, family courts, law reports, lists by sally

In re NL (A Child) (Appeal: Interim Care Order: Facts and Reasons) [2014] EWHC 270 (Fam); [2014] WLR (D) 70

‘The case raised issues of practice and procedure arising in the early stages of care proceedings including: (i) the importance of the need to ensure a just and fair assessment process despite the impetus to complete public law cases within 26 weeks, (ii) the alarming and patently wrong practice of justices sitting in the family proceedings court adopting the local authority’s analysis of what their findings and reasons might comprise, and (iii) the importance of listing appeals from interim care orders, where separation had been sanctioned, as a matter of urgency.’

WLR Daily, 13th February 2014

Source: www.iclr.co.uk

Police failings left suspect free to shoot man in face resulting in ‘life-changing’ injuries – The Independent

Posted February 13th, 2014 in complaints, delay, firearms, news, police, professional conduct by sally

‘A suspected gunman was free to shoot a man in the face after apparent police failings meant that he was not identified as the owner of a sawn-off shotgun seized in a police operation 17 months earlier, it has emerged.’

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The Independent, 12th February 2014

Source: www.independent.co.uk

Family law in crisis – New Law Journal

‘Cuts to legal aid have thrown family proceedings into chaos, say Kim Beatson, Caroline Bowden & Ellen Lucas.’

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New Law Journal, 10th February 2014

Source: www.newlawjournal.co.uk

Salliss v Hunt – WLR Daily

Salliss v Hunt [2014] EWHC 229(Ch); [2014] WLR (D) 56

‘When considering whether or not to grant an application to annul a bankruptcy order there was no reason in principle why the court should take any account of a debt due to a creditor where the creditor was aware of the bankruptcy but had never submitted a proof and had made an informed commercial decision not to lodge one in the future.’

WLR Daily, 10th February 2014

Source: www.iclr.co.uk

Supreme Court allows removal of incorrectly-registered land from village greens register despite delays – OUT-LAW.com

Posted February 7th, 2014 in commons, delay, land registration, news, rectification by sally

‘The Supreme Court has allowed the removal of two pieces of land, that were incorrectly registered as town or village greens (TVGs), from the register preventing their redevelopment, despite the landowners’ lengthy delays in applying for the rectifications.’

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OUT-LAW.com, 7th February 2014

Source: www.out-law.com

Adamson (FC) (Appellant) v Paddico (267) Limited (Respondent); Mrs Gill Taylor (on behalf of the Society for the Protection of Markham and Little Francis) (Appellant) v Betterment Properties (Weymouth) Limited (Respondent) – Supreme Court

Adamson (FC) (Appellant) v Paddico (267) Limited (Respondent); Mrs Gill Taylor (on behalf of the Society for the Protection of Markham and Little Francis) (Appellant) v Betterment Properties (Weymouth) Limited (Respondent) [2014] UKSC 7 (YouTube)

Supreme Court, 5th February 2014

Source: www.youtube.com/user/UKSupremeCourt

Supreme Court in key ruling on village greens and rectification – Local Government Lawyer

‘The Supreme Court has handed down a major ruling on applications to rectify the register of town and village greens, lapses of time and the question of whether there would be a serious detriment or prejudice should an application be granted.’

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Local Government Lawyer, 5th February 2014

Source: www.localgovernmentlawyer.co.uk

Company barred from giving evidence in court due to “substantial delay” in providing witness statements – OUT-LAW.com

‘Civil court litigants must comply with court orders or “face the consequences”, an expert has said, after the High Court barred a company from giving evidence about a particular issue at trial after it failed to exchange witness statements within a reasonable time.’

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OUT-LAW.com, 28th January 2014

Source: www.out-law.com

Parole system failing prisoners and close to be overwhelmed, lawyers warn – The Independent

Posted January 27th, 2014 in budgets, delay, news, oral hearings, parole, prisons, standards, Supreme Court by sally

‘England and Wales’s parole system is on the brink of a crisis that will result in reformed prisoners being detained months after they should have been released, The Independent on Sunday can reveal.’

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The Independent, 26th January 2014

Source: www.independent.co.uk

Mitchell Part Two: a practical view from the Bar – Littleton Chambers

Posted January 22nd, 2014 in appeals, case management, civil procedure rules, delay, news, sanctions by sally

‘In his monthly column, James Bickford Smith discusses Durrant v Chief Constable of Avon and Somerset Constabulary [2013] EWCA Civ 1624 in which the Court of Appeal, after its decision in Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1537, took further eye-catching steps to impose the new approach to relief from sanctions.’

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Littleton Chambers, 8th January 2014

Source: www.littletonchambers.com

Justice secretary puts back probation service privatisation deadline – The Guardian

Posted January 21st, 2014 in contracting out, delay, news, probation by sally

‘The justice secretary, Chris Grayling, has announced a two-month delay in the timetable for privatising 70% of the probation service after his most senior officials advised there would be public safety issues if he pressed full steam ahead.’

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The Guardian, 20th January 2014

Source: www.guardian.co.uk

Ombudsman and council in standoff over £60,000-plus payment – Local Government Lawyer

Posted January 17th, 2014 in carers, compensation, complaints, delay, local government, married persons, news, ombudsmen by sally

‘The Local Government Ombudsman and a local authority are at loggerheads over a recommendation that the council pay out more than £60,000 to a man forced to become a full-time carer for his wife.’

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Local Government Lawyer, 16th January 2014

Source: www.localgovernmentlawyer.co.uk

Police under fire for handling of Raoul Moat manhunt in 2010 – The Independent

Posted January 6th, 2014 in delay, inquests, news, ombudsmen, police, professional conduct, reports, suicide by sally

‘A bitter row has broken out between one of Britain’s biggest police forces and the Independent Police Complaints Commission over the case of the gunman Raoul Moat.’

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The Independent, 5th January 2014

Source: www.independent.co.uk

Court of Appeal calls on Supreme Court to resolve conflict between UK and Strasbourg law – UK Human Rights Blog

Posted December 12th, 2013 in appeals, delay, detention, human rights, imprisonment, news, Supreme Court, treaties by sally

‘The Court of Appeal has ruled that continued detention in prison following the expiry of the “minimum terms” or “tariff periods” of their indeterminate terms of imprisonment did not breach prisoners’ Convention or common law rights, but has left it to the Supreme Court to determine the substance of the Convention claims in detail.’

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UK Human Rights Blog, 11th December 2013

Source: www.ukhumanrightsblog.com

Regina (Kaiyam) v Secretary of State for Justice; Regina (Haney) v Same – WLR Daily

Regina (Kaiyam) v Secretary of State for Justice; Regina (Haney) v Same [2013] EWCA Civ 1587; [2013] WLR (D) 480

‘Where, in a case involving alleged breaches of rights under the Convention for the Protection of Human Rights and Fundamental Freedoms, the Court of Appeal was faced with a conflict between decisions of the House of Lords and the European Court of Human Rights, the court could in appropriate circumstances dismiss the appeal and grant permission to appeal to the Supreme Court to resolve the conflict between the domestic law and that of the European Court, without hearing argument or expressing its views on the case.’

WLR Daily, 9th December 2013

Source: www.iclr.co.uk

Police launch criminal investigation into cancer scandal – Daily Telegraph

Posted November 27th, 2013 in cancer, criminal justice, delay, hospitals, inquests, medical treatment, news, police by sally

‘Police launch a criminal investigation into the alleged manipulation of cancer waiting lists at a hospital.’

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Daily Telegraph, 26th November 2013

Source: www.telegraph.co.uk

Inheritance Act Claims – Delay at your Peril – Zenith Chambers

Posted November 19th, 2013 in appeals, delay, divorce, news, time limits, wills by sally

“Nicola Phillipson, Zenith Chambers, examines the case of Berger v Berger where the Court of Appeal refused permission to the appellant to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 almost six years out of time.”

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Zenith Chambers, 5th November 2013

Source: www.zenithchambers.co.uk

Get your excuses for your excuses in early – NearlyLegal

Posted November 14th, 2013 in appeals, delay, homelessness, local government, news, solicitors, time limits by sally

“Poorsalehy v Wandsworth LBC (2013) QBD 07/11/2013. A cautionary tale, albeit one that was rather hard on Mr Poorsalehy. Mr P had applied to Wandsworth as homeless. His application was rejected by s.184 decision and the s.202 upheld the decision.”

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NearlyLegal, 13th November 2013

Source: www.nearlylegal.co.uk/blog/