as Soon as Practicable in UK Law

Leading Cases
  • HLB Kidsons (A Firm) v Lloyd's Underwriters subscribing to Lloyds Policy No 621/PKID00101 & Others
    • Queen's Bench Division (Commercial Court)
    • 14 Oct 2008

    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.

  • R (Limbuela) v Secretary of State for the Home Department
    • House of Lords
    • 03 Nov 2005

    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. It could not, in my opinion, sensibly be argued that a statutory bar preventing asylum seekers, or a particular class of asylum seekers, from obtaining NHS treatment would not be treatment of them for article 3 purposes.

  • Catja Marion Thum (Petitioner) v Oliver Thum
    • Family Division
    • 21 Oct 2016

    Obviously, a strategic petition which is filed and left to hibernate for years while the parties carry on with their marriage is likely to be struck out as an abuse under FPR 4.4(1)(b) or as disclosing no reasonable grounds under FPR 4.4(1)(a). The furthest I would go would be to infer a requirement of acting reasonably promptly and that promptitude should be informed in a broad way by the (extendable) time limits in CPR 7.5.

  • R v Benjamin Peters, Daniel Roy Palmer and Shantelle Jamine Campbell
    • Court of Appeal (Criminal Division)
    • 10 Mar 2005

    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.

  • D'Souza (A.P.) v DPP
    • House of Lords
    • 15 Oct 1992

    Regulation 3(1) provides for written notice of a decision being given as soon as practicable. Regulation 6 provides that any such notice shall be sent to a person's "last known or usual place of abode" or to an address provided by him for receipt of the notice. Regulation 3(4) dispenses with the notice if the "whereabouts or place of abode" of a person are unknown. Thus if a person's usual abode is known or if he has provided an address for service notice must be sent to that address.

  • R v Secretary of State for the Home Department, ex parte Doody ; R v Same, ex parte Pierson ; R v Same, ex parte Smart ; R v Same, ex parte Pegg
    • House of Lords
    • 24 Jun 1993

    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.

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