Archive for the 'delay' Category

Deadline pledged for Coventry asylum case – BBC News

“The UK Border Agency has pledged a deadline of this summer to conclude the asylum case of a man in Coventry which has been going on for 11 years.”

Full story

BBC News, 31st March 2011

Source: www.bbc.co.uk

Children deserve better from family justice system – Ministry of Justice

“The family justice system needs significant reform to tackle delays and ensure that children and families get the service they deserve, says an independent panel set up to review how the system works.”

Full press release

Ministry of Justice, 31st March 2011

Source: www.justice.gov.uk

Killer wins ‘distress’ payout over parole delay – Daily Telegraph

“A criminal who killed a man in a pub brawl has won taxpayer-funded compensation because a delayed parole hearing breached his human rights.”

Full story

Daily Telegraph, 16th March 2011

Source: www.telegraph.co.uk

Justice system delays endemic, research shows – Law Society’s Gazette

“Law Society research submitted to the government last week has identified a ‘lack of communication’ pervading the justice system that is causing delays throughout the process.”

Full story

Law Society’s Gazette, 24th February 2011

Source: www.lawgazette.co.uk

Solicitor suspended over 19-year estate delay – Law Society’s Gazette

“A Suffolk solicitor was suspended from practice last week after taking 19 years to settle a spinster’s estate.”

Full story

Law Society’s Gazette, 17th February 2011

Source: www.lawgazette.co.uk

Regina v F and M – WLR Daily

Regina v F and M [2010] EWCA Crim 2437; [2010] WLR (D) 276

“An Order in Council, made pursuant to s 1 of the United Nations Act 1946 to give effect to a United Nations Security Council Resolution, could include the creation of a serious criminal offence for a breach of the Order, even though there was a substantial delay between the adoption of the Resolution and the creation of the offence.”

WLR Daily, 3rd November 2010

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.

Red tape swamping the criminal justice system, warns watchdog – Daily Telegraph

“Red tape swamping police and prosecutors is at ‘unacceptable’ levels, a watchdog warned today as it revealed officers and officials have to go through 1,000 different steps just to deal with a simple burglary.”

Full story

Daily Telegraph, 3rd November 2010

Source: www.telegraph.co.uk

Regina v Neish – WLR Daily

“The process whereby a judge gave instructions to the court listing office to relist the hearing of confiscation proceedings amounted to a postponement of the proceedings by the court of its own motion and was a valid postponement for the purposes of s 14 of the Proceeds of Crime Act 2002.”
WLR Daily, 7th May 2010
 
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

European Court of Human Rights in ‘crisis’ – Law Society’s Gazette

“Europe’s foremost human rights court is in ‘crisis’, with a backlog of more than 120,000 cases waiting up to seven years to be heard, lawyers have warned.”

Full story

Law Society’s Gazette, 17th December 2009

Source: www.lawgazette.co.uk

Bath Spa: Council paid £4m compensation for delay – BBC News

“Bath and North East Somerset Council was paid at least £4.17m in compensation for the delayed Bath Spa Project, its accounts have revealed.”

Full story

BBC News, 9th December 2009

Source: www.bbc.co.uk

Cafcass judicial review threat – Law Society’s Gazette

“A Somerset solicitor is set to launch a judicial review action against the Children and Family Courts Advice and Support Service (Cafcass) because of its ‘unacceptable delays’ in appointing children’s guardians and family court advisers.”

Full story

Law Society’s Gazette, 25th November 2009

Source: www.lawgazette.co.uk

Sturgeon and others v Condor Flugdienst GmbH (Case C-402/07); Böck and another v Air France SA (Case C-432/07) – WLR Daily

Sturgeon and others v Condor Flugdienst GmbH (Case C-402/07); Böck and another v Air France SA (Case C-432/07) [2009] WLR (D) 338

“Airline passengers whose flights were delayed by more than three hours were entitled to compensation.”

WLR Daily, 20th November 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.

Fisher v Brooker and another – WLR Daily

Fisher v Brooker and another [2009] UKHL 41; [2009] WLR (D) 274

“When a claimant did not, for almost 40 years, assert his right to a share of the copyright in intellectual property, his claim could not be defeated by the doctrines of estoppel or laches when the defendants had suffered no detriment by acting in reliance on the assumption that he had no claim but, on the contrary, had derived a financial benefit far outweighing any detriment resulting from the claimant’s delay.”

WLR Daily, 31st July 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.

Freedom of information regulator accused of excessive delays – The Guardian

“Freedom of information campaigners say the regulator takes too long to decide to release documents to the public, undermining efforts to open up official files.”

Full story

The Guardian, 2nd July 2009

Source: www.guardian.co.uk

Child witnesses ‘wait too long’ – BBC News

“Young witnesses in sex abuse or violence cases are being forced to wait more than a year to give evidence in England and Wales, a report has said.”

Full story

BBC News, 3rd July 2009

Source: www.bbc.co.uk

Family courts in crisis, says Sir Mark Potter – The Times

“Britain’s most senior family judge called last night for urgent action over a crisis in the family courts fuelled by increasing delays in child abuse cases and lack of funds.”

Full story

The Times, 3rd July 2009

Source: www.timesonline.co.uk

Owens v City of Westminster Magistrates’ Court – WLR Daily

Owens v City of Westminster Magistrates’ Court [2009] EWHC 1343 (Admin); [2009] WLR (D) 20

“When an appeal to the High Court under s 26 of the Extradition Act 2003 against an order for extradition to a category 1 territory was unsuccessful, the decision of the High Court on the appeal did not become final within the meaning of s 36(5) of the Act and, accordingly, the 10-day period within which s 36(2) and (3)(a) stipulated that extradition should take place did not begin to run until the 14-day period permitted by s 32(5) for applying to the High Court for leave to appeal to the House of Lords had expired, notwithstanding that the High Court had on the same day as dismissing the appeal declined to certify for the purposes of s 32(4)(a) of the Act that a point of law of general public importance was involved. As regards the requirement in s 36(8) that ‘reasonable cause’ be shown for delay in effecting extradition, the expression could be construed as being sufficiently broad to cover a short delay arising from an error of law made by the Serious Organised Crime Agency (‘SOCA’), the body responsible for the surrender of individuals to requesting states at the conclusion of extradition proceedings under the 2003 Act, in calculating the period within which the person must be extradited as specified in s 36(3) of the Act.”

WLR Daily, 19th June 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.

Hanoman v Southwark London Borough Council (No 2) – Times Law Reports

Hanoman v Southwark London Borough Council (No 2)

House of Lords

“The requirement that a local authority which had delayed processing a right-to-buy claim should deduct from the purchase price the purchasing tenant’s rent payments during the period of delay applied where the tenant’s rent had been paid for him in the form of housing benefit.”

The Times, 16th June 2009

Source: www.timesonline.co.uk

Hanoman v Southwark London Borough Council (No 2) – WLR Daily

Hanoman v Southwark London Borough Council (No 2) [2009] UKHL 29; [2009] WLR (D) 181

“The requirement that a local authority which had delayed processing a ‘right to buy’ claim under Pt V of the Housing Act 1985 should deduct from the purchase price the purchasing tenant’s rent payments during the period of delay remained applicable where the tenant’s rent had been paid for him in the form of housing benefit.”

WLR Daily, 11th June 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.

Cafcass chief Anthony Douglas is called to account by judge – The Times

“The head of the children’s court agency was summoned by a judge yesterday to explain ‘deplorable and entirely unacceptable’ case delays after the Baby Peter scandal.”

Full story

The Times, 29th May 2009

Source: www.timesonline.co.uk

FH (Bangladesh) v Secretary of State for the Home Department – Times Law Reports

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

Court of Appeal

“A delay of two years and nine months in dealing with an application for indefinite leave to remain constituted culpable and undue delay on the part of the Secretary of State for the Home Department and was productive of conspicuous unfairness in the case of man who had evaded deportation in 1986 and lived under an assumed name for 23 years.”

The Times, 18th May 2009

Source: www.timesonline.co.uk

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

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

“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

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

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

“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

“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

“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

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

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

” 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

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

“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

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

“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

“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

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

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

“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

“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

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.

More than 2,000 serious criminal cases thrown out after prosecutors were not ready – The Times

“More than 2,000 cases that should have gone to trial in the Crown Court were thrown out last year because they were not ready, a watchdog says today.”

Full story

The Times, 11th March 2008

Source: www.timesonline.co.uk

Reducing delay in child care proceedings – Ministry of Justice

“New guidance for the family courts aimed at reducing unnecessary delay in the care proceedings system was published by the Ministry of Justice today.”

Full story

Ministry of Justice, 13th February 2008

Source: www.justice.gov.uk

Sixth of prisoners waiting to be tried – The Independent

“A sixth of all prisoners held in England and Wales have not been found guilty of any offence or are waiting to be sentenced, says the first report to investigate pre-trial detention across the world.”

Full story

The Independent, 23rd January 2008

Source: www.independent.co.uk

Lawyers blamed for injury claims delays – Daily Telegraph

“Lawyers have come under attack for causing excessive delays to personal injury claims while making record profits from Britain’s thriving compensation culture.”

Full story

Daily Telegraph, 8th October 2007

Source: www.telegraph.co.uk

Ministers are blamed for shortage of judges – The Times

“The woman in charge of selecting judges has defended her commission against reports that it is to blame for an acute shortage of circuit judges and delays in trials.”

Full story

The Times, 10th September 2007

Source:  www.timesonline.co.uk

Prisoners to claim millions for parole delay – Daily Telegraph

“Millions of pounds are set to be paid out by the Government to prisoners kept in jail beyond their release dates.”

Full story

Daily Telegraph, 29th July 2007

Source: www.telegraph.co.uk

Justice delayed as courts short of judges – Daily Telegraph

“A shortage of judges is causing delays in bringing criminal trials to court, putting more pressure on prisons and delaying justice for victims of crime.”

Full story

Daily Telegraph, 30th July 2007

Source: www.telegraph.co.uk

LSC to be responsible for withdrawing lawyers causing unnecessary trail delays – Law Society’s Gazette

“Plans for judges to sack lawyers who cause unnecessary delays in very high-cost cases (VHCCs) have been revised following concerns raised by the Law Society and the Bar Council.”

Full story

Law Society’s Gazette, 7th June 2007

Source: www.lawgazette.co.uk

Judges given option to sack lawyers in high-cost cases – The Lawyer

“The Lord Chancellor Lord Falconer has outlined plans that will see lawyers who cause delays to court cases replaced, following the collapse of BCCI and Equitable.”

Full story

The Lawyer, 4th June 2007

Source: www.thelawyer.com

Proposals to create judicial powers to manage conflict of interest and capacity issues in very high cost cases – Ministry of Justice

“This consultation invited comments on proposals to give trial judges in VHCCs the power to order the withdrawal of representation where there was a conflict of interest or lack of capacity on the part of defence representatives, such that it could impede the efficient progress of the trial. The summary of responses outlines the conclusions reached on the options and how we intend to proceed.”

Proposals to create judicial powers to manage conflict of interest and capacity issues in high cost cases [CP R 17/06]

Source: www.justice.gov.uk

Falconer outlines plans to end high cost trial delay – Ministry of Justice

“Lawyers who cause costly delays to court cases in England and Wales could be replaced in plans for speedier and more efficient trials, Lord Chancellor and Secretary of State for Justice Lord Falconer said today.”

Ministry of Justice press release, 31st May 2007

Full story

Source: www.justice.gov.uk

Forced legal team change scheme – The Guardian

“Ministers are to go ahead with a scheme which could force defendants to change their legal team in complex cases.”

Full story

The Guardian, 31st May 2007

Source:www.guardian.co.uk

Lawyers who delay expensive terrorism trials face the sack – The Times

“Lawyers could be sacked if they cause delays during expensive terrorism trials under plans to speed up cases announced by the Government yesterday.”

Full story

The Times, 31st May 2007

Source: www.timesonline.co.uk

Price of justice was the longest and costliest criminal case ever – The Times

“The Operation Crevice trial was the longest and most expensive criminal case in Britain – costing £50 million, lasting more than a year and illustrating graphically the growing problems in the courts system.”

Full story

The Times, 1st May 2007

Source: www.timesonline.co.uk


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