Category: delay

Regina (Nash) v Barnet London Borough Council – WLR Daily

Posted August 14th, 2013 in administrators, delay, fiduciary duty, judicial review, law reports, local government, time limits by sally

Regina (Nash) v Barnet London Borough Council [2013] EWCA Civ 1004; [2013] WLR (D) 335

“A local authority’s duty to consult under section 3(2) of the Local Government Act 1999 arose at a formative stage of the relevant process when the authority made arrangements to secure continuous improvement in the way in which its functions were exercised within section 3(1) of the Act. For the purposes of CPR r 54.5, a judicial review claim challenging the authority’s lack of consultation had to be brought within three months of the date when the grounds to make the claim had first arisen. That was the date the defendant authority had taken the decision to enter the procurement process for outsourcing, and since the claim had not been issued until the decision to enter into the contracts had been taken, it was out of time.”

WLR Daily, 2nd August 2013

Source: www.iclr.co.uk

Home Office monitored over Freedom Of Information delays – BBC News

Posted August 12th, 2013 in delay, freedom of information, government departments, news, time limits by sally

“The Home Office is to be monitored for three months over concerns it takes too long to respond to Freedom of Information requests.”

Full story

BBC News, 9th August 2013

Source: www.bbc.co.uk

Thousands fail to appear in court in Wales in 2012 – BBC News

Posted August 12th, 2013 in costs, courts, delay, freedom of information, news, statistics, Wales, warrants by sally

“Thousands of defendants failed to appear at courts in Wales last year, causing ‘significant and costly’ problems, BBC Wales has learnt.”

Full story

BBC News, 12th August 2013

Source: www.bbc.co.uk

Judicial review process to be made tougher – Daily Telegraph

Posted July 29th, 2013 in delay, immigration, judicial review, local government, news by sally

“The Ministry of Justice is to make it tougher for judicial reviews to be brought to court, following concerns that the procedure is being abused by pressure groups and campaigners.”

Full story

Daily Telegraph, 29th July 2013

Source: www.telegraph.co.uk

Leicester Crown Court is ‘in crisis’ according to lawyers – BBC News

Posted July 26th, 2013 in courts, Crown Court, delay, judiciary, law firms, news by sally

“Victims of crime are being put through unnecessary extra stress because of a ‘crisis’ caused by a lack of judges at Leicester Crown Court, lawyers claim.”

Full story

BBC News, 26th July 2013

Source: www.bbc.co.uk

Coroner’s court overhaul begins in England and Wales – BBC News

Posted July 25th, 2013 in codes of practice, coroners, courts, delay, inquests, news by sally

“Most inquests in England and Wales will be completed within six months
under a new code of standards for coroners which has come into effect.”

Full story

BBC News, 25th July 2013

Source: www.bbc.co.uk

Honeymoon murder suspect Shrien Dewani faces extradition – BBC News

Posted July 24th, 2013 in delay, extradition, fitness to plead, murder, news, post-traumatic stress disorder by sally

“Honeymoon murder suspect Shrien Dewani will be extradited to South Africa to face trial over his wife Anni’s death.”

Full story

BBC News, 24th July 2013

Source: www.bbc.co.uk

Shrien Dewani awaits ruling on bid to fight extradition to South Africa – The Guardian

Posted July 24th, 2013 in delay, extradition, fitness to plead, murder, news, post-traumatic stress disorder by sally

“Shrien Dewani will discover on Wednesday whether his latest bid to delay his extradition to South Africa to face trial over his wife’s death has succeeded.”

Full story

The Guardian, 24th July 2013

Source: www.guardian.co.uk

McNally under fire over Lips claim – Law Society’s Gazette

Posted July 16th, 2013 in delay, legal representation, litigants in person, news by sally

“Justice minister Lord McNally is facing criticism from lawyers over a claim that cases involving litigants in person (LiPs) are ‘normally’ completed more quickly than those where parties have legal representation.”

Full story

Law Society’s Gazette, 15th July 2013

Source: www.lawgazette.co.uk

Police take longer to respond to 999 calls as spending cuts bite – The Guardian

Posted July 15th, 2013 in budgets, delay, news, police, statistics by sally

“Police are taking up to 30% longer than two years ago to react to 999 calls in parts of the country, with forces blaming deep spending cuts. Vital minutes have been added to the time it takes for a squad car to arrive at an accident or crime scene, an investigation can reveal.”

Full story

The Guardian, 14th July 2013

Source: www.guardian.co.uk

Urban I (Blonk Street) Ltd v Ayres and another – WLR Daily

Posted July 12th, 2013 in appeals, construction industry, contracts, delay, law reports, sale of land by sally

Urban I (Blonk Street) Ltd v Ayres and another: [2013] EWCA Civ 816;   [2013] WLR (D)  271

“Where, in the case of a time provision which was an innominate term, a completion notice had not been served on the contract-breaker, the other party only became entitled to terminate the contract thereafter if and when the delay was such as to go to the root of the contract, that was to say it deprived the other party of substantially the whole benefit which it was intended it should have under the contract.”

WLR Daily, 5th July 2013

Source: www.iclr.co.uk

Effecting change in local family justice systems? Findings from the Cafcass Pre-Proceedings Pilot – Family Law Week

Posted July 11th, 2013 in case management, delay, family courts, news, pilot schemes, reports by sally

“Dr Karen Broadhurst of Manchester University explains the findings of a recently completed pilot involving family court advisers in public law pre-proceedings practice.”

Full story

Family Law Week, 10th July 2013

Source: www.familylawweek.co.uk

New coroner rules aim to reduce inquest delays – BBC News

Posted July 4th, 2013 in codes of practice, coroners, delay, inquests, news, time limits by sally

“Coroners in England and Wales will have to meet a new code of standards to make inquests more efficient.”

Full story

BBC News, 4th July 2013

Source: www.bbc.co.uk

Proposals to speed up police disciplinary system announced – Home Office

Posted June 28th, 2013 in appeals, complaints, consultations, delay, police, press releases, tribunals by sally

“Government is to consult on improving police misconduct procedures, Policing Minister Damian Green announced on Tuesday.”

Full press release

Home Office, 25th June 2013

Source: www.gov.uk/home-office

CPS under fire for failures in two serious cases – Law Society’s Gazette

Posted June 25th, 2013 in Crown Prosecution Service, delay, news, professional conduct, trials by sally

The Crown Prosecution Service has been criticised by two separate Crown court judges after sending an ‘incompetent’ advocate to prosecute a murder trial and for ‘lamentable failures’ that delayed a rape trial.

Full story

Law Society’s Gazette, 25th June 2013

Source: www.lawgazette.co.uk

Airline compensation: law firm flies to aid of delayed passengers – The Guardian

Posted June 17th, 2013 in airlines, compensation, complaints, delay, EC law, law firms, legal representation, news by sally

“A Cheshire solicitors has recovered more than £300,000 for 700 passengers with their no-win no-fee service.”

Full story

The Guardian, 15th June 2013

Source: www.guardian.co.uk

In re Joseph Hill & Co, Solicitors – WLR Daily

Posted June 4th, 2013 in appeals, criminal procedure, delay, evidence, law reports, witnesses by sally

In re Joseph Hill & Co, Solicitors [2013] EWCA Crim 775 ; [2013] WLR (D) 210

“There was a statutory obligation on the defence to give notice to the prosecution of the name, address and date of birth of any witness whom the defendant believed was able to give evidence in support of his alibi. If there was a practice of advising that the names and addresses of alibi witnesses should not be disclosed unless and until they had provided signed proofs of evidence, that practice was misguided and wrong.”

WLR Daily, 21st May 2013

Source: www.iclr.co.uk

Faster justice as unneccessary committal hearings are abolished – Ministry of Justice

Posted May 29th, 2013 in committals, courts, delay, news by sally

“Serious criminals will face justice as soon as possible with the abolition of committal hearings Justice Minister Damian Green said today.”

Full story

Ministry of Justice, 28th May 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Ampurius Nu Homes Holdings Ltd v Telford Homes (Creekside) Ltd – WLR Daily

Posted May 29th, 2013 in appeals, construction industry, contracts, delay, law reports by sally

Ampurius Nu Homes Holdings Ltd v Telford Homes (Creekside) Ltd [2013] EWCA Civ 577; [2013] WLR (D) 202

“In determining whether a breach of a contract had been repudiatory an important factor to be taken into account was whether, although serious, the breach had been remedied before the injured party had purported to exercise a right of termination of the contract. Likewise, if there had been delay in performance of an ongoing obligation, it might be possible for the delay to be made up by faster performance. The court had to consider the position as at the date when the injured party purported to terminate. In the absence of time being of the essence, delay would only become a repudiatory breach if it were so prolonged as to frustrate the contract.”

WLR Daily, 23rd May 2013

Source: www.iclr.co.uk

Regina v Johal – WLR Daily

Posted May 16th, 2013 in appeals, confiscation, criminal procedure, delay, law reports by sally

Regina v Johal [2013] EWCA Crim 647; [2013] WLR (D) 175

“When a court postponed confiscation proceedings the omission of a ‘specified period’ of postponement was plainly a procedural rather than a substantive error so that a court would not be deprived of its duty to make a confiscation order where such a breach did not prejudice the defendant in any way. Alternatively, if such a failure was indeed procedural it would fall within the ambit of section 14(11) of the Proceeds of Crime Act 2002 which stipulated that such a failure should not be the basis for quashing an otherwise valid confiscation order.”

WLR Daily, 19th April 2013

Source: www.iclr.co.uk