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15 January 2012 / Tom Royston
Issue: 7496 / Categories: Opinion , Public , Costs
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Making the polluter pay

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 chamber. This article suggests that a significant number of benefit

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
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