FH (Bangladesh) v Secretary of State for the Home Department – WLR Daily

Posted May 14th, 2009 in delay, immigration, law reports by sally

FH (Bangladesh) v Secretary of State for the Home Department

“A two and three-quarter year delay by the Home Office in processing an application for indefinite leave to remain amounted to culpable and undue delay and produced conspicuous unfairness to a man who had evaded deportation in 1986 and lived under an assumed name for 23 years. Had his application made in May 2003 been dealt with promptly the claimant might have been able to take advantage of an extra-statutory concession that leave would normally be granted to a person with more than 14 years’ continuous residence.”

WLR Daily, 13th May 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Slow misconduct hearings cost taxpayers £8.2 million – The Times

Posted May 12th, 2009 in delay, disciplinary procedures, doctors, news by sally

“Family doctors accused of misconduct are being suspended for up to four years and at a cost of up to £900,000, according to figures revealed by the NHS under the Freedom of Information Act.”

Full story

The Times, 12th May 2009

Source: www.timesonline.co.uk

Gomes v Republic of Trinidad and Tobago; Goodyer v Same – Times Law Reports

Posted May 5th, 2009 in delay, extradition, law reports by sally

Gomes v Republic of Trinidad and Tobago; Goodyer v Same

House of Lords

“An accused who deliberately fled from a jurisdiction where his trial was pending was not generally entitled to rely on the passage of time due to the delay of the extraditing state in bringing him to justice as a bar to his extradition.”

The Times, 5th May 2009

Source: www.timesonline.co.uk

Gomes v Government of the Republic of Trinidad and Tobago – WLR Daily

Posted April 30th, 2009 in delay, extradition, law reports by sally

Gomes v Government of the Republic of Trinidad and Tobago [2009] UKHL 21; [2009] WLR (D) 139

“Where an accused deliberately fled from a jurisdiction where his trial was pending, he was not, save in exceptional circumstances, entitled to rely, under s 82 of the Extradition Act 2003, on the passage of time due to delay on the part of the requesting state in bringing him to justice as a bar to his extradition.”

WLR Daily, 29th April 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Why the courts are at breaking point – The Times

Posted March 18th, 2009 in Crown Court, delay, news by sally

“The Crown Court in England and Wales is at ‘breaking point’ after a 5 per cent rise in cases to 136,000 a year, an independent watchdog has found.”

Full story

The Times, 17th March 2009

Source: www.timesonline.co.uk

Offenders tell of court delay woe – BBC News

Posted March 9th, 2009 in criminal justice, delay, news by sally

“Victims and witnesses face long delays in criminal trials because of a shortage of courtrooms, the government spending watchdog has warned.”

Full story

BBC News, 6th March 2009

Source: www.bbc.co.uk

Courtroom shortages causing long trial delays, report warns – The Guardian

Posted March 6th, 2009 in criminal justice, delay, news by sally

“A shortage of courtrooms mean victims and witnesses face long delays in criminal trials, the government’s spending watchdog has warned.”

Full story

The Guardian, 6th March 2009

Source: www.guardian.co.uk

Ruttle Plant Hire Ltd v Secretary of State for Environment Food and Rural Affairs (No 3) – Times Law Reports

Posted March 4th, 2009 in damages, delay, interest, law reports by sally

Ruttle Plant Hire Ltd v Secretary of State for Environment Food and Rural Affairs (No 3)

Court of Appeal

“Mistakes in a supplier’s invoice did not enable the paying party to avoid late payment interest penalties.”

The Times, 4th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 from the date of publication.

Ruttle Plant Hire Ltd v Secretary of State for Environment Food & Rural Affairs (No 3) – WLR Daily

Posted March 3rd, 2009 in damages, delay, interest, law reports by sally

Ruttle Plant Hire Ltd v Secretary of State for Environment Food & Rural Affairs (No 3) [2009] EWCA Civ 97; [2009] WLR (D) 75

A ‘notice of an amount of the debt’ within the meaning of s4(5) of the Late Payment of Commercial Debt (Interest) Act 1998 did not have to be correct before the court could award interest for late payment of an invoice.”

WLR Daily, 2nd March 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Why solicitors need lessons in complaining – The Times

Posted February 10th, 2009 in delay, judgments, judiciary, news by sally

” The wheels of justice famously grind slow – but these days there are limits even to judicial slowness. More than 2,000 judges in England and Wales have been issued with a deadline for delivering their judgments and if they are late, must explain why.”

Full story

The Times, 10th February 2009

Source: www.timesonline.co.uk

Burns v HM Advocate – WLR Daily

Posted December 18th, 2008 in criminal procedure, delay, human rights, law reports, Scotland by sally

Burns v HM Advocate [2008] UKPC 63; [2008] WLR (D) 392

Where a defendant, who was resident in Scotland, was interviewed in England by police officers who told him that there was sufficient evidence on which to charge him with offences relating to child pornography and that they would recommend such a course, the reasonable time requirement to which he was entitled under art 6(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998, was to be calculated from the date of that interview and not from the later date on which the Lord Advocate, as the competent authority in Scotland, required the defendant to answer charges on which he was indicted to stand trial in Scotland.”

WLR Daily, 17th December 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Council to sue £21m over Bath Spa – BBC News

Posted December 16th, 2008 in building law, contracts, delay, news by sally

“Bath and North East Somerset Council is to sue a building firm for £21m after a luxury spa opened five years late.”

Full story

BBC News, 15th December 2008

Source: www.bbc.co.uk

Regina v Doody – Times Law Reports

Posted November 26th, 2008 in delay, juries, law reports, rape by sally

Regina v Doody

Court of Appeal (Criminal Division)

“Where a defendant raised delay to undermine the credibility of a complainant in a rape case, an appropriate warning to the jury was necessary to ensure fairness to the complainant. ”

The Times, 26th November 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Surge in repossession orders clogging up the courts – The Times

Posted August 18th, 2008 in courts, delay, news, repossession by sally

“Courts are having to delay adoption hearings and personal injury claims to deal with a surge in mortgage repossessions.”

Full story

The Times, 16th August 2008

Source: www.timesonline.co.uk

Coroner calls for inquest change – BBC News

Posted July 24th, 2008 in delay, inquests, news by sally

“A senior coroner has called for new legislation to make sure inquests are held within a year of a person’s death.”

Full story

BBC News, 24th July 2008

Source: www.bbc.co.uk

EB (Kosovo) v Secretary of State for the Home Department – Times Law Reports

Posted June 30th, 2008 in asylum, delay, law reports by sally

EB (Kosovo) v Secretary of State for the Home Department

House of Lords

“Delay in decision-making enabling an asylum-seeker to establish a family life might be a relevant factor in considering an appeal against refusal of asylum.”

The Times, 30th June 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication

EB (Kosovo) v Secretary of State for the Home Department – WLR Daily

Posted June 26th, 2008 in asylum, delay, law reports by sally

EB (Kosovo) v Secretary of State for the Home Department [2008] UKHL 41; [2008] WLR (D) 203

“Delay in the decision-making process might be relevant to the consideration of an appeal relying on art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 25th June 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

‘Despicable’ delay over 7 July terror payouts – The Guardian

Posted June 9th, 2008 in criminal injuries compensation, delay, news by sally

“Scores of victims horrifically injured in the 7 July London bombings are still waiting for full compensation almost three years after the attacks.”

Full story

The Guardian, 8th June 2008

Source: www.guardian.co.uk

Procol Harum ruling is overturned – BBC News

Posted April 4th, 2008 in copyright, delay, news by sally

“Procol Harum lead singer Gary Brooker has won back full royalty rights to the band’s worldwide hit, A Whiter Shade of Pale, at London’s Court of Appeal.”

Full story

BBC News, 4th April 2008

Source: www.bbc.co.uk

EB (Togo) and Another v Secretary of State for the Home Department – Times Law Reports

Posted March 25th, 2008 in delay, deportation, immigration, law reports by sally

EB (Togo) and Another v Secretary of State for the Home Department

Court of Appeal

“Very lengthy delay in processing an application for indefinite leave to remain by a National Health Service employee who had returned to the UK despite a deportation order did not invalidate the order.”

The Times, 24th March 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.