‘The Ministry of Justice has rejected broadening eligibility for bereavement damages despite accusations the current limits are outdated and unfair.’
Law Society's Gazette, 20th April 2023
Source: www.lawgazette.co.uk
‘A judge has chided a litigant in person for failing to familiarise himself with the civil procedure rules and the statutes governing limitation. Effectively quashing a defamation claim brought against Pakistani newspaper publishers, a broadcaster and a journalist, Master Cook said that claimant Shah Muhammad had not consulted the Kings Bench Guide and the CPR, both available online.’
Law Society's Gazette, 3rd April 2023
Source: www.lawgazette.co.uk
‘2023 has already been a landmark year for nuisance, with the Supreme Court handing down its controversial decision in Fearn v Tate Gallery (as discussed on this blog). The good news for those with a particular interest in the bothersome behaviour of neighbours is that Fearn is only the start.’
UK Human Rights Blog, 24th March 2023
Source: ukhumanrightsblog.com
‘The Secretary of State for Justice (SoSJ) has successfully applied to the High Court for the lifting of the automatic suspension in a procurement challenge to the outcome of a mini-competition for a call-off contract relating to the provision of digital and audiovisual (‘AV’) equipment for use by HM Courts and Tribunals Service.’
Local Government Lawyer, 13th March 2023
Source: www.localgovernmentlawyer.co.uk
‘I can’t say that I recall Dyson LJ’s judgment in Connex South Eastern Ltd v MJ Building Services Group being handed down back in 2005 but I do know it is the case that told us that the phrase “at any time” means exactly that. It’s like Ronseal’s famous phrase, “Does exactly what it says on the tin”. With the Court of Appeal giving the words their literal and ordinary meaning, it was plain speaking at its best! It has also meant that for as long as I can remember, we have all assumed that there is no time limit on when a party can start an adjudication. (In Connex, the court was dealing with a situation where the notice of adjudication was issued after practical completion and after repudiation of the contract.) Consequently, the only limitations (if there are any) are the ones we find in the Limitation Act 1980, which doesn’t prevent a party from starting an adjudication but may provide the responding party with a defence (if taken), which means the adjudicator’s decision will be in their favour. (The same applies in court proceedings and, if the defence is successful, the claim may be struck out.) If this is all so well-established, you might wonder why I’m bothering to mention it. The answer is, because of HHJ Russen KC’s judgment in LJR Interiors Ltd v Cooper Construction Ltd, which he handed down last month.’
Practical Law: Construction Blog , 14th February 2023
‘Commercial court judges found “neither side had covered itself in glory” in the latest judgment in Merricks v Mastercard Incorporated and Ors.’
Law Society's Gazette, 5th February 2023
Source: www.lawgazette.co.uk
‘In this brief note Justin Valentine, Counsel for the claimant, discusses an unusual case where serious sciatic nerve injury was sustained by the claimant shortly after her birth in the mid-1960s, but where she only became aware of the negligence in her 50s over 30 years after the end of the primary limitation period. Limitation was initially raised as an issue but was dropped at CCMC stage. The case settled subsequent to a JSM for approximately £1.6 million.’
St John's Chambers, 3rd January 2023
Source: www.stjohnschambers.co.uk
‘A woman whose solicitors’ error meant she was too late to challenge her mother’s will has been given permission to bring her action out of time.’
Legal futures, 2nd December 2022
Source: www.legalfutures.co.uk
‘Lowe v Charterhouse (2022) EW Misc 8 (CC). A county court deposit penalty claim judgment, but well worth noting because a) a Circuit Judge decision by HHJ Luba KC, b) there are some broader points in application , and c) well it is quite the case.’
Nearly Legal, 30th October 2022
Source: nearlylegal.co.uk
‘The Deputy Prime Minister Dominic Raab has today (20 July 2022) set out a package of measures that take aim at so-called “Strategic Lawsuits Against Public Participation” (SLAPPs).’
Ministry of Justice, 20th July 2022
Source: www.gov.uk
‘The Ministry of Justice (MoJ) has suggested that people defending themselves from strategic lawsuits against public participation (SLAPPs) could be protected by a £5,000 costs cap.’
Legal Futures, 22nd July 2022
Source: www.legalfutures.co.uk
‘James Bickford Smith and James Green review the recent judgment of the Dubai International Financial Centre Court of Appeal in Abdelsalam v Expresso Telecom Group [2021] DIFC CA 011. The decision resolved uncertainty as to whether the 2019 Employment Law could render earlier-issued claims under the 2005 Law out of time, and confirmed the presumption that DIFC law should not have retrospective effect.’
Littleton Chambers, 11th May 2022
Source: littletonchambers.com
‘Family law specialists need a better understanding of the impact of the menopause on clients – and female lawyers too – according to the solicitor launching a project to highlight the issue.’
Legal Futures, 28th February 2022
Source: www.legalfutures.co.uk
‘Paul & Ors v The Royal Wolverhampton NHS Trust [2022] EWCA Civ 12 (13 January 2022). The Court of Appeal dismissed a set of claims for psychiatric injury on the basis of prior binding authority, but indicated that the issue is suitable for consideration by the Supreme Court.’
UK Human Rights Blog, 20th January 2022
Source: ukhumanrightsblog.com
‘A common problem with the articles of association is the addition of poorly drafted precedents with unambiguous terms. The court is often asked to make judgments on such provisions and to interpret the true meaning of the words used. To instigate the process of establishing the intention of the parties, it is important to consider firstly the articles in terms of their contractual obligations.’
Bloomsbury Professional Law Online Blog, 22nd November 2021
Source: law.bloomsburyprofessional.com
‘Civil practitioners dealing with personal injury claims are generally familiar with the three-year limitation period imposed by section 11 of the Limitation Act 1980. Put simply, claims for personal injury (whether arising from negligence, nuisance or breach of duty) must be brought within three years of the date on which the cause of action accrued (section 11(4)(a)) or the date of knowledge (if later) of the person injured (section 11(4)(b)). A person’s “date of knowledge” for the purposes of section 11(4)(b) is defined in section 14 of the Limitation Act 1980.’
Ropewalk Clinical Negligence Blog, 2nd November 2021
Source: www.ropewalk.co.uk
‘R (Akinola & Anor) v Upper Tribunal & Anor [2021] EWCA Civ 1308 (26 August 2021). In these judicial review proceedings, the Court of Appeal decided that in circumstances where an extension of time had been granted for an out-of-time appeal against the refusal of an application to vary limited leave to remain, the original leave was revived under section 3C(2)(c) of the Immigration Act 1971 with future effect from the time when the appeal was instituted. The appeal was instituted and became a pending appeal within section 3C(2)(c) when the notice of appeal was filed, not the date when the extension of time was granted. The Court of Appeal found that the withdrawal of a decision did not have the consequence of causing leave to be extended retroactively under section 3C from the date of the decision. Three conjoined appeals, namely those of Ms Akinola, Mr Abbas and Mr Anwar, raised issues about the interpretation and effect of section 3C which provides for the extension of immigration leave in certain defined circumstances. Of key importance was the position under section 3C where an application has been made to vary existing leave, the application has been refused by a decision of the SSHD, and later (i) there is an out-of-time appeal for which an extension of time is granted, or (ii) the decision-maker withdraws and/or reconsiders the decision. The issues arose in the context of applications under paragraph 276B of the Immigration Rules for Indefinite Leave to Remain (ILR) on the ground of long residence.’
EIN Blog, 13th September 2021
Source: www.ein.org.uk
‘It is no coincidence that construction cases play a prominent role in many of the leading decisions concerning limitation. It is the nature of our work that problems have a tendency to emerge some time after the work was completed and, more than occasionally, new problems come to light after proceedings have commenced.’
Practical Law: Construction Blog, 7th September 2021
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