A problem of promptness?

A problem of promptness?

1. S.31(6) Senior Courts Act 1981

2. Rule 54.5 of the CPR

   • Claim must be bought within 3 months
   • Must be bought promptly
   • Sets out the rules on time limits

3. Troublesome cases

   • R v. Swale Borough Council, ex parte Royal Spciety for the Protection of Birds
   • R v. Independent Television Commission ex parte TVNI
   • R v. Secretary of State for Health ex parte Furneaux
   • R v. Criminal UInjuries Compensation Board ex parte A

4. Does the present law present problems

   • R (Macrae) v. Hertfordshire DC
   • Case C-406/08 Uniplex v NHS Business Services
   • R (Berky) v. Newport City Council

5. Courts have discretion as to whether to extend the time limit or not

6. Courts have the discretion to disallow claims that are bought in time

   • Occasionally allow claim but refuse remedy