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Making the polluter pay

15 January 2012 / Tom Royston
Issue: 7496 / Categories: Opinion , Public , Costs
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Tom Royston makes no excuses for bad government decision-making

A serial litigant is trying the patience of judges across the nation. This litigant habitually refuses to settle cases or give serious thought to the weaknesses in his arguments. He loses a lot, of course, but it’s hard to know whether he appreciates the gravity of his situation, for he has virtually given up attending or being represented at the hearings.

Surprisingly, the judges are powerless to penalise him in costs, however unreasonable his behaviour. So there is no sign of the situation improving. His cases clog up the legal system in astonishing and increasing number, producing about 265,000 final hearings last year alone. To put that into context, all the county court non-family civil litigation in England and Wales produces only 63,000 final hearings per year.

This litigant is the secretary of state for work and pensions (SSWP), and these cases are appeals against social security decisions, in the First-tier Tribunal’s social entitlement

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MOVERS & SHAKERS

Muckle LLP—Rachael Chapman

Muckle LLP—Rachael Chapman

Sports, education and charities practice welcomes senior associate

Ellisons—Carla Jones

Ellisons—Carla Jones

Partner and head of commercial litigation joins in Chelmsford

Freeths—Louise Mahon

Freeths—Louise Mahon

Firm strengthens Glasgow corporate practice with partner hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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