as Soon as Practicable in UK Law

There may well be uncertainty at the time of notification as to what the precise problems or potential problems are; there well may be, whether known, or unknown, to the assured a “hornets' nest” which may give rise to numerous types of claims of presently unknown quantum and character at the date of the notification.

In my judgment the notification given to the following Lloyd's market was not given as soon as practicable and therefore was not compliant with the time requirements of GC4. Notice which was not given until 24 July 2002 almost 3 months after the expiry of the policy period, cannot, on any realistic basis, be regarded as given “as soon as practicable”, if the start date is taken as 27 March 2002.

Since it is a question of fact and degree this court will not lightly interfere with the judgment of the court below which has heard the evidence. On such an issue it is not enough that this court might have reached a different conclusion. An appellant against conviction must be able to demonstrate that any reasonable court would have concluded that there was delay and/or that the person held in custody was not permitted to consult a solicitor as soon as practicable.

Subject to this consideration, we are not unsympathetic to the argument that in some murder cases at any rate, the first reasonable opportunity firmly and finally to indicate an intention to plead guilty to murder may not arise until after the defendant has seen leading counsel. Equally, it is essential for leading counsel instructed in such cases to arrange a consultation with the defendant at the earliest practicable date.

The penal element in the appellant's sentence was fixed as soon as practicable after his conviction and sentence on 8 July 1985, and so must have been fixed at the time when Mr. Hurd's Statement 2 was applicable. On the basis of that Statement the appellant would expect that the penal element so fixed would not (apart from the exceptional circumstance, which is not material in the present case) be increased.

The Secretary of State is compelled, or at least entitled, to have regard to broader considerations of a public character than those which apply to an ordinary sentencing function. It is he, and not the judges, who is entrusted with the task of deciding upon the prisoner's release, and it is he who has decided, within the general powers conferred upon him by the statute, to divide his task into two stages.

An analogy would, I think, be a bar from medical treatment under the NHS. The ECHR does not require signatory states to have a national health scheme free at the point of need. Asylum seekers are entitled to make use of it whether or not they have applied for asylum as soon as practicable after arrival here. The section 55(1) bar on provision of support does not extend to a ban on medical treatment under the NHS.