Amending a statement of case after limitation period has ended – Hardwicke Chambers

‘In Chandra & ors v Brooke North [2013] EWCA Civ 1559 the Court of Appeal gives practitioners and courts useful guidance about the correct approach to applications to amend introducing new claims outside limitation periods. The history of the case is a demonstration of the procedural knots and costly consequences for the parties that can be created when the lower courts go further than they should.’

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Hardwicke Chambers, 13th March 2014

Source: www.hardwicke.co.uk

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Kairos Shipping Ltd and another v Enka & Co LLC and others – WLR Daily

Kairos Shipping Ltd and another v Enka & Co LLC and others: [2014] EWCA Civ 217;   [2014] WLR (D)  113

‘It is in principle possible to constitute a limitation fund under the International Convention on Limitation of Liability for Maritime Claims 1976, scheduled to the Merchant Shipping Act 1995, by means of a guarantee in the form of a letter of undertaking provided by a protection and indemnity club.’

WLR Daily, 6th March 2014

Source: www.iclr.co.uk

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The Mis-Selling of Interest Rate Swaps – A Discussion – No. 5 Chambers

Posted February 24th, 2014 in banking, financial regulation, interest, limitations, news by sally

‘As many will be aware, the recent RBS swaps cases have thrown up interesting issues, including the proper characterization of legal duties owed by banks and other regulated firms, standard form limitation/exclusion terms, and Limitation Act problems. These issues are further complicated by the LIBOR manipulation points raised in Graisely Properties v Barclays.’

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No. 5 Chambers, 24th February 2014

Source: www.no5.com

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Williams (Respondent) v Central Bank of Nigeria (Appellant) – Supreme Court

Posted February 21st, 2014 in constructive trusts, fraud, law reports, limitations by sally

Williams (Respondent) v Central Bank of Nigeria (Appellant) [2014] UKSC 10 (YouTube)

Supreme Court, 19th February 2014

Source: www.youtube.com/user/UKSupremeCourt

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These Things Take Time – Zenith Chambers

Posted February 14th, 2014 in limitations, negligence, news, personal injuries by sally

‘On 11th December 2013 the Court of Appeal gave judgment in Davidson v Aegis [2013] EWCA Civ 1586. The case provides a useful and up to date reminder of the applicable principles when a Court is asked to use section 33 of the Limitation Act 1980 to disapply the primary limitation period in a personal injuries action.’

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Zenith Chambers, 5th February 2014

Source: www.zenithchambers.co.uk

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How long do I have? – Hardwicke Chambers

Posted January 22nd, 2014 in appeals, arbitration, contracts, limitations, news, restitution by sally

‘Until recently it was unclear how long a party who lost in an adjudication, and had to pay money to the winning party, had to bring a subsequent claim for recovery of those monies. The position has recently been resolved by the Court of Appeal in the case of Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc [2013] EWCA Civ 1541 but the discussion had started earlier with the case of Jim Ennis Construction Ltd v Premier Asphalt Ltd [2009] EWHC 1906 (TCC).’

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Hardwicke Chambers, 15th January 2014

Source: www.hardwicke.co.uk

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“I read it in the newspaper”: The current spate of ancillary relief negligence claims raising near identical section 14A arguments – Hardwicke Chambers

Posted January 22nd, 2014 in financial provision, limitations, negligence, news, pensions, valuation by sally

‘In ancillary relief proceedings, the largest assets are frequently the divorcing couple’s matrimonial home and pension rights. Whilst it is usually straightforward to ascertain the value of the former, accurately achieving this for the latter can be a highly technical exercise. Solicitors’ alleged failure to analyse pension transfer values is the subject of a spate of negligence claims currently being brought by former clients. No case is yet to be reported, but it is expected that a number will be during 2014.’

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Hardwicke Chambers, 13th January 2014

Source: www.hardwicke.co.uk

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Some limitations on setting aside vulnerable mortgage transactions – 11 Stone Buildings

Posted January 22nd, 2014 in limitations, mortgages, news, setting aside, undue influence by sally

‘The landmark decision of the House of Lords Royal Bank of Scotland v Etridge (No 2) [2002] 2 AC 773
described the circumstances which render a lending transaction by a bank vulnerable to a challenge for undue influence and provided guidance to bankers as to which steps they would need to take in order to protect their lending, and any security to be taken, from challenge. Several cases decided since Etridgehave demonstrated the breadth of the scope for challenge where bankers have failed to follow the guidance, while others have highlighted some constraints on effective challenges based upon undue influence. Jeremy Cousins QC discussed this topic at a recent lecture of the Chancery Bar Association and shares his thought in this detailed ‘Insider’.’

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11 Stone Buildings, January 2014

Source: www.11sb.com

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MoJ confirms plans for medical whiplash panels – Law Society’s Gazette

Posted January 16th, 2014 in doctors, evidence, fraud, limitations, news, personal injuries by tracey

‘The Ministry of Justice has confirmed that a working group will next month begin the process of creating medical panels to assess whiplash injury claims.’

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Law Society’s Gazette, 16th January 2014

Source: www.lawgazette.co.uk

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Court of Appeal decision on limitation periods could have adverse consequences for contracting parties, says expert – OUT-LAW.com

Posted December 13th, 2013 in appeals, construction industry, contracts, limitations, news, time limits by sally

‘A recent court decision which changed the point at which the six years within which a contractor must begin litigation in the courts starts to run could lead to uncertainty for the successful party to an earlier adjudication, an expert has said.’

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OUT-LAW.com, 12th December 2013

Source: www.out-law.com

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Green v RBS: Lessons in Interest-Rate Hedge Products Litigation – Littleton Chambers

Posted October 30th, 2013 in appeals, consumer protection, duty of care, interest, limitations, news, statutory duty by sally

“Interest- Rate Hedge Products (‘IRHPs’) include a variety of different products sold to customers to help protect them against interest rate risk. The down side is that such products are often complex and structured to produce adverse financial effects for the customer if the Bank of England Base Rate (‘Base Rate’) goes down. And we all know that is exactly what has happened in recent years. This has given rise to a wave of IRHP mis-selling claims.”

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Littleton Chambers, 23rd October 2013

Source: www.littletonchambers.com

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Is this the end for Swap Mis-selling Claims? – No. 5 Chambers

Posted October 30th, 2013 in appeals, banking, consumer protection, contracts, interest, limitations, news by sally

“One of the difficulties encountered when advising clients as to the merits of their claim that they have been mis-sold an Interest Rate Hedging Product (IRHP), usually an Interest Rate Swap, is the paucity of decided case law concerning the sale of such products.”

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No. 5 Chambers, 21st October 2013

Source: www.no5.com

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Elvanite Full Circle Limited v AMEC Earth & Environmental (UK) Limited [2013] EWHC 1191 (TCC) – 4 New Square

Posted July 3rd, 2013 in contracts, damages, interpretation, limitations, negligence, news, planning by sally

“The judgment develops the growing body of case law surrounding planning consultants and both the substantive and costs judgments will be of interest to construction and costs practitioners alike. The case also raises interesting issues concerning exclusion clauses (including UCTA), limitation of liability, estoppel, waiver, extensions of time and the correct measure of loss.”

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4 New Square, 1st July 2013

Source: www.4newsquare.com

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Berney v Saul: No road to Damascus moment – Hardwicke Chambers

Posted June 26th, 2013 in appeals, limitations, negligence, news, solicitors by sally

“A claimant’s chose in action represented by his claims in litigation is something which has a value, provided it is not certain or nearly certain to fail. Clients pay lawyers to take care of that chose in action by putting the claim forward in the proper way and by managing its progress in accordance with the rules and orders of the Court.”

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Hardwicke Chambers, 25th June 2013

Source: www.hardwicke.co.uk

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Ramsey: costs management limits being reviewed – Litigation Futures

Posted May 13th, 2013 in costs, damages, judges, limitations, news, solicitors by tracey

“The £2m limit above which commercial cases are not subject to automatic costs management is being reviewed, the judge in charge of Jackson implementation has revealed, while also hinting that pre-issue costs may come within costs management in future.”

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Litigation Futures, 13th May 2013

Source: www.litigationfutures.com

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Age of consent should be 13, says barrister – BBC News

Posted May 9th, 2013 in age of consent, anonymity, limitations, news, sexual offences by tracey

“A prominent barrister specialising in reproductive rights has called for the age
of consent to be lowered to 13.”

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BBC News, 8th May 2013

Source: www.bbc.co.uk

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Parshall v Hackney – WLR daily

Posted March 28th, 2013 in appeals, land registration, law reports, limitations by tracey

Parshall v Hackney: [2013] EWCA Civ 240;   [2013] WLR (D)  124

“Where land was concurrently registered under two different titles, neither owner could be in adverse possession of the land for the purposes of the Limitation Act 1980 since such possession would not be unlawful.”

WLR Daily, 26th March 2013

Source: www.iclr.co.uk

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Sayers v Lord Chelwood and another – WLR Daily

Posted December 21st, 2012 in law reports, limitations, personal injuries, time limits by tracey

Sayers v Lord Chelwood and another: [2012] EWCA Civ 1715; [2012] WLR (D) 389

“The burden on a claimant who wished the court to exercise its discretion under section 33 of the Limitation Act 1980 to override the time limit for bringing an action in respect of personal injuries was not necessarily a heavy one. How difficult or easy it would be for the claimant to discharge the burden would depend on the facts of the particular case.”

WLR Daily, 19th December 2012

Source: www.iclr.co.uk

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Phillips & Co (a firm) v Bath Housing Co-operative Ltd – WLR Daily

Posted December 12th, 2012 in civil justice, costs, law reports, legal profession, limitations, solicitors by sally

Phillips & Co (a firm) v Bath Housing Co-operative Ltd [2012] EWCA Civ 1591; [2012] WLR (D) 372

“A solicitors’ claim for costs, billed but not yet fixed by assessment or agreement, fell within the phrase ‘debt or other liquidated pecuniary claim’ in section 29(5)(a) of the Limitation Act 1980.”

WLR Daily, 11th December 2012

Source: www.iclr.co.uk

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Miners’ Knee Litigation: Judgment in the Court of Appeal – 4 New Square

Posted November 7th, 2012 in delay, industrial injuries, limitations, miners, negligence, news by sally

“On 25 October 2012, the Court of Appeal handed down judgment in the Miners’ Knee Group Litigation. This is the latest determination of the appellate courts on issues of limitation arising in group actions and follows the recent decision of the Supreme Court in the Atomic Veterans Litigation earlier this year.”

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4 New Square, 1st November 2012

Source: www.4newsquare.com

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