A problem of promptness?

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Mind Map on A problem of promptness?, created by Jessica Louise S on 14/01/2014.
Jessica Louise S
Mind Map by Jessica Louise S, updated more than 1 year ago
Jessica Louise S
Created by Jessica Louise S almost 12 years ago
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Resource summary

A problem of promptness?
  1. S.31(6) Senior Courts Act 1981
    1. Rule 54.5 of the CPR
      1. Claim must be bought within 3 months
        1. Must be bought promptly
          1. Sets out the rules on time limits
          2. Troublesome cases
            1. R v. Swale Borough Council, ex parte Royal Spciety for the Protection of Birds
              1. R v. Independent Television Commission ex parte TVNI
                1. R v. Secretary of State for Health ex parte Furneaux
                  1. R v. Criminal UInjuries Compensation Board ex parte A
                  2. Does the present law present problems
                    1. R (Macrae) v. Hertfordshire DC
                      1. Case C-406/08 Uniplex v NHS Business Services
                        1. R (Berky) v. Newport City Council
                        2. Courts have discretion as to whether to extend the time limit or not
                          1. Courts have the discretion to disallow claims that are bought in time
                            1. Occasionally allow claim but refuse remedy
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