How to resist or enforce possession orders after 6 years – 36 Bedford Row

Posted February 10th, 2016 in enforcement, news, repossession, time limits by sally

‘It is common theme in social housing that landlords who have obtained a possession order (whether outright or suspended) may exercise restraint and not seek to immediately enforce the order by a warrant for execution. Another common scenario is where a landlord has tried, perhaps repeatedly, to enforce possession but cannot do so because the tenant successfully applies to the Court for the warrant to be stayed.’

Full story

36 Bedford Row, 28th January 2016

Source: www.36property.co.uk

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Surrogacy Law Update (January 2016) –

Posted January 18th, 2016 in birth certificates, children, families, family courts, news, surrogacy, time limits by tracey

‘Andrew Powell, barrister, of 4 Paper Buildings reviews recent developments in surrogacy law.’

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Family Law Week, 13th January 2016

Source: www.familylawweek.co.uk

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Tribunal allows company’s appeal and confirms that the four-year time limit does not apply to corporation tax self-assessment returns – RPC Tax Take

Posted January 13th, 2016 in corporation tax, news, time limits by sally

‘In Bloomsbury Verlag GmbH v HMRC [2015] UKFTT 660 (TC),the First-tier Tribunal (Tax and Chancery) (FTT) has held that the four-year time limit does not apply to corporation tax self-assessment returns and that trading losses can be carried forward even though they were not included in a return.’

Full story

RPC Tax Take, 8th January 2016

Source: www.rpc.co.uk

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Court of Appeal permits early redemption of Lloyds Banking Group’s Enhanced Capital Notes – Commercial Disputes Blog

Posted January 13th, 2016 in appeals, banking, contracts, financial regulation, interpretation, news, time limits by sally

‘In BNY Mellon Corporate Trustee Services Ltd v LBG Capital No.1 and No. 2 Plc, the Court of Appeal reversed the first instance decision of the High Court, by allowing early redemption of certain convertible securities (known as Enhanced Capital Notes, or ECNs).’

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Commercial Disputes Blog, 4th January 2016

Source: www.rpc.co.uk

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David Bedenham Discusses a Recent FTT Decision Relating to Carbon Credit Missing Trader Fraud and Assessment Time Limits – 11 KBW

Posted January 12th, 2016 in emissions trading, fraud, news, time limits, tribunals by sally

‘Missing trader (or ‘MTIC’) fraud has blighted various trade sectors from mobile phones and CPUs to platinum and carbon credits. It is in the latter sector that we have seen some of the largest denials of input tax based on the Kittel principle.’

Full story

11 KBW, 5th January 2016

Source: www.11kbw.com

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The Race to Court under EU Brussels II: A New Approach? – Family Law Week

Posted January 8th, 2016 in conflict of laws, divorce, EC law, news, service, time limits by tracey

‘Stuart Clark, a solicitor at The International Family Law Group LLP, reports on a recent Irish case which could have important implications for the priority of divorce proceedings in international cases.’

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Family Law Week, 8th January 2016

Source: www.familylawweek.co.uk

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Government of the United States of America v Giese – WLR Daily

Posted January 6th, 2016 in appeals, evidence, extradition, jurisdiction, law reports, time limits by sally

Government of the United States of America v Giese [2015] EWHC 3658 (Admin); [2015] WLR (D) 550

‘An issue raised on appeal “that was not raised at the extradition hearing” referred to a new issue that was raised in argument on appeal as a ground for allowing the appeal and which was not the subject of concluded argument below for the purposes of meeting the condition for allowing an appeal set out in section 106(5)(a) of the Extradition Act 2003.’

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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Bonsall v Secretary of State for Communities and Local Government and another; Jackson v Secretary of State for Communities and Local Government and another – WLR Daily

Bonsall v Secretary of State for Communities and Local Government and another; Jackson v Secretary of State for Communities and Local Government and another [2015] EWCA Civ 1246; [2015] WLR (D) 514

‘The time limits for enforcement action in respect of breaches of planning control prescribed by section 171B of the Town and Country Planning Act 1990 did not apply where there had been positive deception designed to avoid enforcement action within those time limits. The position had not been affected by the enactment of sections 171BA to 171BC into the 1990 Act, which enabled a local planning authority, in a case of deliberate concealment, to apply to the magistrates’ court for a planning enforcement order (“PEO”) permitting enforcement action outside the time limits in section 171B.’

WLR Daily, 8th December 2015

Source: www.iclr.co.uk

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When might deportation orders be revoked before 10 years is up? – Free Movement

‘The facts of Secretary of State for the Home Department v ZP (India) [2015] EWCA Civ 1197 involved some of the worst breaches of immigration law ever seen in a reported decision: overstaying a visit visa in 2002 then organising and taking part in sham marriages, fleeing abroad in 2003 when detected and being convicted in her absence and then re-entering the UK in a false identity in 2005, obtaining settlement in this false identity in 2007 and then on detection being convicted again for breaches of immigration law and, after serving her sentence, being deported in 2009.’

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Free Movement, 14th December 2015

Source: www.freemovement.org.uk

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Council tenants lose lifetime right to live in property – The Guardian

Posted December 10th, 2015 in bills, housing, landlord & tenant, leases, local government, news, time limits by sally

‘People will no longer have the right to live in their council home for life in future after ministers moved to impose a five-year limit on new tenancies.’

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The Guardian, 9th December 2015

Source: www.guardian.co.uk

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Prior disclosures do not undermine patent filings made on the same day, rules High Court – OUT-LAW.com

Posted December 2nd, 2015 in disclosure, news, patents, time limits by sally

‘Disclosure of information relevant to an invention does not mean the invention cannot be patented as long as the patent application is filed later the same day, the High Court has ruled.’

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OUT-LAW.com, 1st December 2015

Source: www.out-law.com

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Speech by HHJ Edmund QC on Better Case Management and the Plea and Trial Preparation Hearing – Courts and Tribunals Judiciary

‘Speech by HHJ Edmund QC at the Criminal Bar Association Ann Goddard Memorial Lecture on 3 November 2015 entitled ”All Change: What you need to know about Better Case Management and the Plea and Trial Preparation Hearing”.

Full speech

Courts and Tribunals Judiciary, 17th November 2015

Source: www.judiciary.gov.uk

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Cat lovers Dean and Diane Webb to sue RSPCA over loss of their animals – Daily Telegraph

Posted October 23rd, 2015 in animal cruelty, animals, charities, news, time limits by sally

‘A couple who received death threats and left the country after being accused of cruelty to their cats are to sue the RSPCA for damages over killing their animals, a High Court ruled.’

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Daily Telegraph, 22nd October 2015

Source: www.telegraph.co.uk

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Review of coroner services launched – Ministry of Justice

Posted October 21st, 2015 in bereavement, codes of practice, consultations, coroners, inquests, news, time limits by sally

‘Major reforms which have put bereaved people at the heart of the coroner system will be reviewed to see what further improvement can be made, Justice Minister Caroline Dinenage has announced.’

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Ministry of Justice, 15th October 2015

Source: www.gov.uk/government/organisations/ministry-of-justice

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£150m legal bill for troops just doing their duty – Daily Telegraph

Posted October 20th, 2015 in armed forces, bills, costs, human rights, judicial review, law firms, news, time limits, treaties, war by sally

‘Ministers draw up plans to pull out of the European Convention on Human Rights next time the Armed Forces are sent into combat.’

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Daily Telegraph, 17th October 2015

Source: www.telegraph.co.uk

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CA rejects law firm’s bid to reverse relief granted over funding notice failure – Litigation Futures

‘Mishcon de Reya has failed in its bid to overturn the grant of relief from sanctions made in favour of claimants who are suing the London law firm for professional negligence but failed to serve their funding notice in time.’

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Litigation Futures, 13th October 2015

Source: www.litigationfutures.com

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Time Limits in Commercial Contracts – Ignore Them at Your Peril! – No. 5 Chambers

Posted October 7th, 2015 in contracts, news, sport, time limits by sally

‘The recent media storm concerning the collapse of Manchester United’s transfer deal for its goalkeeper David de Gea apparently as a result of a two minutes delay in submitting the requisite paperwork caused me reflect on the potential effects of missing deadlines in commercial contracts. Man U’s problem did not, of course, arise from any term in the transfer agreement itself, but rather from its failure to register the player into the new club through FIFA in accordance with the FIFA Regulations on the Status and Transfer of Players, which postulate a strictly prescribed “registration period” or transfer window in media parlance.’

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No. 5 Chambers, 11th September 2015

Source: www.no5.com

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Consumer Rights Act now in force in the UK – OUT-LAW.com

Posted October 5th, 2015 in consumer protection, damages, EC law, internet, news, time limits by sally

‘New consumer rights legislation has come into force in the UK.’

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OUT-LAW.com, 2nd October 2015

Source: www.out-law.com

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Solicitor who forged client’s signature on witness statement struck off – Legal Futures

‘A solicitor who forged his client’s signature on a witness statement has been struck off, even though the client himself expressed surprise that disciplinary action had been taken.’

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Legal Futures, 24th September 2015

Source: www.legalfutures.co.uk

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