Out of time and out of luck: extending time for service out of the jurisdiction – Hardwicke Chambers

‘The recent decision of Cox J in Foran v Secret Surgery Ltd and others is a salutary tale emphasising the strict approach of the courts to applications to extend time for service of the claim form. Here, the fact that service had to be effected out of the jurisdiction did not avail the claimant, with the result that her claim was time-barred against three of the four defendants.’

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Hardwicke Chambers, 24th May 2016

Source: www.hardwicke.co.uk

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Court confirms that limitation of liability clauses in acquisition documentation will be interpreted strictly – OUT-LAW.com

Posted March 29th, 2016 in accountants, limitations, news, shareholders, time limits, warranties by sally

‘A 20-day time limit within which claims for breaches of warranty as part of a share purchase agreement (SPA) had to be raised only began running once the buyer was aware of the “proper basis for a claim”, the Court of Appeal has ruled.’

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OUT-LAW.com, 29th March 2016

Source: www.out-law.com

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Finance and Divorce Update (March 2016) – Family Law Week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during February 2016.’

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Family Law Week, 5th March 2016

Source: www.familylawweek.co.uk

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Court of Appeal throws out solar farm challenge brought 14 months after planning permission was granted – OUT-LAW.com

‘A High Court judge should not have overturned planning permission granted to a solar farm in Wiltshire in response to a legal challenge brought 11 months after the three-month limitation period then in force had expired, the Court of Appeal has ruled.’

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OUT-LAW.com, 1st March 2016

Source: www.out-law.com

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UK consults on further changes to competition compensation law – OUT-LAW.com

Posted February 1st, 2016 in compensation, competition, consultations, damages, EC law, limitations, news by tracey

‘It will become easier for victims of competition law breaches to claim compensation when the EU Damages Directive comes into force in December.’

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OUT-LAW.com, 29th January 2016

Source: www.out-law.com

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Deliberately understating claim value to avoid higher court fees is an ‘abuse of process’, court rules – OUT-LAW.com

Posted January 8th, 2016 in abuse of process, fees, law firms, limitations, negligence, news by tracey

‘It was an “abuse of process” for individuals to deliberately understate the value of their claims against a law firm so that they could avoid paying higher court fees up front and issue their claims within the limitation period, the High Court has ruled.’

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OUT-LAW.com, 7th January 2016

Source: www.out-law.com

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High Court finds abuse of process in how law firm sued fellow solicitors – Legal Futures

Posted January 8th, 2016 in abuse of process, fees, law firms, limitations, negligence, news by tracey

‘The High Court has found a Newcastle law firm’s conduct an abuse of process after it repeatedly failed to pay the proper court fees when it issued claims.’

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Legal Futures, 8th January 2016

Source: www.legalfutures.co.uk

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Lewis and others v Ward Hadaway (a firm) – WLR Daily

Posted January 6th, 2016 in abuse of process, fees, law firms, law reports, limitations, negligence, solicitors by sally

Lewis and others v Ward Hadaway (a firm) [2015] EWHC 3503 (Ch); [2015] WLR (D) 551

‘In determining whether a party had properly brought a claim before the court so as to stop the clock for limitation purposes, the requirement that the form be accompanied by the “appropriate fee” was not satisfied in circumstances where the act of payment of the fee was in itself an abuse of process. In such circumstances, the claim had not properly been brought and time continued to run for limitation purposes.’

WLR Daily, 21st December 2015

Source: www..iclr.co.uk

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Iraqi Civilians v Ministry of Defence (No 2) – WLR Daily

Iraqi Civilians v Ministry of Defence (No 2) [2015] EWCA Civ 1241; [2015] WLR (D) 515

‘The primary limitation period of three years under Iraqi limitation law applied to claims in tort brought in the English High Court by Iraqi civilians in respect of alleged unlawful detention and ill-treatment by British armed forces while those forces were in Iraq between March 2003 and the end of 2008.’

WLR Daily, 9th December 2015

Source: www.iclr.co.uk

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When does the clock start ticking? Limitation and the Privy Council case of Maharaj v Johnson – Hardwicke Chambers

Posted December 9th, 2015 in contracts, limitations, negligence, news, Privy Council by sally

‘The majority of claims against professionals are framed in contract, the tort of negligence, or a combination of both. As readers of this article will be aware, the Limitation Act 1980 provides the same limitation period for both causes of action: “six years from the date on which the case of action arose.” But readers will also know that those periods frequently begin (and more importantly end) on different dates. This is because a breach of contract is actionable per se, i.e. without the need to prove damage, where as a claim in negligence requires proof of damage, which will often occur some time after the breach of duty, which is said to have caused it. For this reason many claims which are out of time for a claim in contract, are nevertheless in time for a claim in the tort of negligence.’

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Hardwicke Chambers, 2nd December 2015

Source: www.hardwicke.co.uk

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Private Actions: The CRA 2015 giveth; and the 2015 CAT Rules taketh away – Competition Bulletin from Blackstone Chambers

‘Today, on the 1st October 2015, when we are supposed to be celebrating the brave new world of the Competition Act 1998 (“CA”) as amended by the Consumer Rights Act 2015 (“CRA”), cartelists and other competition law infringers up and down the land must be rubbing their hands in glee at the transitional provisions contained in Rule 119 of the Competition Appeal Tribunal Rules 2015 (“the 2015 CAT Rules” or the “New Rules”).’

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Competition Bulletin from Blackstone Chambers, 1st October 2015

Source: www.competitionbulletin.com

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PPI payout deadline considered by regulator – BBC News

Posted October 2nd, 2015 in financial regulation, insurance, limitations, news by tracey

‘The financial regulator, the Financial Conduct Authority (FCA) is considering a deadline for claims over mis-sold payment protection insurance (PPI).’

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BBC News, 2nd October 2015

Source: www.bbc.co.uk

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John Mander Pension Scheme Trustees Ltd v Commissioners for Her Majesty’s Revenue and Customs – Supreme Court

John Mander Pension Scheme Trustees Ltd v Commissioners for Her Majesty’s Revenue and Customs [2015] UKSC 56

Supreme Court, 29th July 2015

Source: www.youtube.com/user/UKSupremeCourt

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Arcadia Group Brands Ltd and others v Visa Inc and others – WLR Daily

Posted August 12th, 2015 in appeals, competition, law reports, limitations by sally

Arcadia Group Brands Ltd and others v Visa Inc and others [2015] EWCA Civ 883; [2015] WLR (D) 359

‘Competition cases were not to be treated differently to other claims for the purposes of the application of the “statement of claim” test in the context of section 32(1)(b) of the Limitation Act 1980, which provided for the postponement of the limitation period in the case of concealment of any fact relevant to the plaintiff’s right of action.’

WLR Daily, 5th August 2015

Source: www.iclr.co.uk

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Chinnock v Veale Wasbrough – are we any closer to clarity on s14A? – Hardwicke Chambers

Posted July 28th, 2015 in appeals, law firms, limitations, negligence, news, solicitors, time limits by sally

‘On the silver anniversary of the Limitation Act 1980 (“the Act”) and as we approach the emerald anniversary of the coming into force of section 14A of that Act, the recent case of Chinnock v Veale Wasbrough [2015] EWCA Civ 2014 shows that the interpretation of this complicated section remains far from straightforward.’
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Hardwicke Chambers, 15th June 2015

Source: www.hardwicke.co.uk

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Supreme Court on EU and ECHR proportionality – back to basics – UK Human Rights Blog

‘The Supreme Court has reminded us, in a tour de force by Lord Reed, that there is no such thing as one-stop proportionality. It varies between ECHR and EU law, and the tests of EU proportionality then vary according to the nature of the EU issue in play.’

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UK Human Rights Blog, 27th June 2015

Source: www.ukhumanrightsblog.com

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Aspect Contracts (Asbestos) Ltd v Higgins Construction plc – WLR Daily

Aspect Contracts (Asbestos) Ltd v Higgins Construction plc: [2015] UKSC 38; [2015] WLR (D) 261

‘An unsuccessful party in a construction contract adjudication was entitled to be repaid any money paid pursuant to the adjudication if the underlying dispute was finally determined in his favour, and the cause of action for the recovery of such money accrued on the date on which the money was paid. However, the cause of action of a party who wished to bring proceedings for more than the amount which he had been awarded under an adjudication accrued on the date of the relevant breach of contract or duty.’

WLR Daily, 17th June 2015

Source: www.iclr.co.uk

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IMI plc and another v Delta Ltd (formerly Delta plc) and another – WLR Daily

Posted June 22nd, 2015 in civil justice, contribution, damages, law reports, limitations, time limits by tracey

IMI plc and another v Delta Ltd (formerly Delta plc) and another: [2015] EWHC 1676 (Ch); [2015] WLR (D) 262

‘On the true construction of the final proviso in section 1(4) of the Civil Liability (Contribution) Act 1978 Part 20 the defendants in contribution proceedings were precluded from relying on a limitation defence pleaded against the claimants in the main proceedings.’

WLR Daily, 17th June 2015

Source: www.iclr.co.uk

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Supreme Court: losing party to adjudication has six years to challenge that decision in the courts – OUT-LAW.com

Posted June 19th, 2015 in contracts, dispute resolution, limitations, news by tracey

‘A party seeking repayment of sums paid following an adjudication award against it has six years from the date of payment to do so, the UK’s highest court has confirmed.’

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OUT-LAW.com, 17th June 2015

Source: www.out-law.com

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Jackson: Lawyers must say “bluntly” if claim has no prospect of success – Litigation Futures

Posted May 11th, 2015 in law firms, limitations, negligence, news, personal injuries by sally

‘Lord Justice Jackson has dismissed a negligence claim against Veale Wasbrough, now national firm Veale Wasbrough Vizards, and the barrister it instructed to advise on a personal injury case.’
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Litigation Futures, 11th May 2015

Source: www.litigationfutures.com

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