PROPORTIONALITY AND CASE MANAGEMENT: THE OVERRIDING OBJECTIVE APPLIES ON A MACRO SCALE: “ACADEMIC” ISSUE SHOULD PROCEED TO A HEARING
In London Borough of Haringey v Simawi [2018] EWHC 290 (QB) Mr Justice Nicklen expressly considered the Overriding Objective when determining whether a human rights issue that could be rendered “academic” should continue to a hearing. “Those rules are directed at…
LIMITATION, DISABILITY AND THE HUMAN RIGHTS ACT: COURT REFUSES TO EXTEND TIME: KEY DUTY ON LEGAL ADVISERS
In AP -v- Tameside Metropolitan Borough Council [2017] EWHC 65 (QB) Mr Justice King considered issues relating to limitation, disability and a claim under the Human Rights Act. KEY POINTS The fact that a party lacks capacity does not prevent…