Mr Paulley, a wheelchair user, sought to board a bus operated by FirstGroup on 24 February 2012. The wheelchair space marked with a notice which read ‘Please give up this space for a wheelchair user’ was occupied by a sleeping child in a pushchair. The bus driver asked the child’s mother to vacate but the mother refused and the driver took no further action.
Daniel Cottrell, Director and Head of Civil Litigation here gives his opinion on the effects of Brexit from a litigation perspective.
“The 23rd June 2016 closes in with the real possibility that Britain could be away from a very powerful membership. I am no expert on Brexit (far from it in fact) but, as a lawyer in dispute resolution, this would mean the UK’s legal system would be subject to change and would have an impact on all lawyers.
The Information Commissioner’s Office (ICO) has warned that insurers should be directed by GPs to request a GP Report under the Access to Medical Reports Act 1988 rather than to utilise the insured’s subject access rights under the Data Protection Act 1998. Medical professionals providing full patient records following a request from an insurance company could be in breach of data protection laws.
Following a consultation in December 2013 regarding proposals to increase court fees in a number of areas, including money claims (with a value specified and unspecified), commercial proceedings, hearings (fast and non-fast track) and divorce proceedings, the Ministry of Justice (MoJ) has announced an increase in fees for claims from 9 March 2015. It is also consulting on fee increases for possession claims, applications without notice or consent and applications on notice with consent (where the other party is aware and/or has agreed).
Legal advisers are under an obligation to warn clients of the perils of refusing to mediate and most legal advisors will no doubt have sent, and received, threats to ‘bring this letter to the attention of the Court’ in the event that a request to mediate is refused. But what does this mean in practice? Is it really all that bad if parties refuse to mediate? Can parties really be bullied into spending a day of their life cooped up in a tiny room, often with only rations of food and drink, just metres away from their adversaries?