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The Late Payment of Commercial Debts (Interest) Act 1998 [1] (c. 20) is an Act of the United Kingdom Parliament enabling businesses to charge other business customers interest on overdue accounts and to obtain compensation. The Act extends to England and Wales, Scotland and Northern Ireland.
On 12 October, Royal Mail challenged the legality of the next phase of the planned action, claiming that the notice of the strike had been improperly issued. [10] 24 hour strikes were planned for; [11] Monday 15 October from 6pm at Mail sorting offices and airports; Tuesday 16 October from 3am at Deliveries and collection hubs
The group took the Post Office to court and, following two favourable judgments in Bates & Others v Post Office Ltd, accepted a settlement of £57.75 million, which left the 555 claimants with little money after legal fees were paid. Bates has continued to campaign for fair compensation for subpostmasters.
Picket lines have been mounted outside Royal Mail delivery and sorting offices after workers launched a 48-hour strike in a worsening dispute over pay.
The Post Office agreed to pay £300,000 in costs for the failed recusal application. The Post Office's own costs of the recusal application were over £212,000, which including £34,165 for solicitors and £174,815 for counsel. [19]
Historically, Royal Mail and the Post Office were part of the same entity and were a public authority. They split into separate organisations in 2012. [ 11 ] The Post Office's unique position, with a history as a prosecutor going back to 1683, gave the Criminal Cases Review Commission (CCRC) concerns about its neutrality.
In contrast with damages (the law of compensation), restitution is a claim or remedy requiring a defendant to give up benefits wrongfully obtained. Liability for restitution is primarily governed by the "principle of unjust enrichment": A person who has been unjustly enriched at the expense of another is required to make restitution.
By the same token, wealthy defendants have a strong incentive to pay the plaintiff to get a settlement, if they face a small chance of having to pay a huge amount. The rationale for the English rule is that a litigant (whether bringing a claim or defending a claim) is entitled to legal representation and, if successful, should not be left out ...