Protective proceedings should not be necessary to maintain right to judicial review of university decisions, court rules – OUT-LAW.com

Posted February 16th, 2017 in complaints, education, judicial review, news, time limits, universities by sally

‘Students wishing to preserve the right to apply for judicial review of a decision by their higher education institution while pursuing independent adjudication need not necessarily apply for protective proceedings, a High Court judge has said.’

Full story

OUT-LAW.com, 16th February 2017

Source: www.out-law.com

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Higher education claims: Court gives general guidance on JR and OIA complaints – Education Blog

‘In three linked cases the Administrative Court has just given important general guidance on the relationship between judicial review proceedings and references to the Office of the Independent Adjudicator for Higher Education. The three linked cases were R (Zahid) v University of Manchester, R (Rafique-Aldawery) v St George’s, University of London, and R (Sivasubramaniyam) v University of Leicester [2017] EWHC 188 (Admin). The cases were decided together by judgment of Mr Justice Hickinbottom delivered on 10 February 2017.’

Full story

Education Blog, 13th February 2017

Source: www.education11kbw.com

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Supreme Court adds to Bar regulator’s legal costs and training headaches – Legal Futures

‘The Bar Standards Board (BSB) has found itself under attack from multiple directions this week, including the Supreme Court announcing yesterday that it would hear an appeal about a case involving claims of race discrimination in its disciplinary processes.’

Full story

Legal Futures, 2nd February 2017

Source: www.legalfutures.co.uk

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Practice guidance: Family Court – Duration of Ex Parte (Without Notice) Orders – Courts and Tribunals Judiciary

Posted January 19th, 2017 in courts, family courts, practice directions, press releases, time limits by tracey

‘Guidance issued by Sir James Munby, President of the Family Division on 18 January 2017.’

Full guidance

Courts and Tribunals Judiciary, 17th January 2017

Source: www.judiciary.gov.uk

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Is it time for embryo research rules to be changed? – BBC News

Posted January 18th, 2017 in embryology, experiments, news, time limits by sally

‘Experts are renewing calls to allow experiments on embryos beyond 14 days of development, saying it would drive medical breakthroughs.’

Full story

BBC News, 17th January 2017

Source: www.bbc.co.uk

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Domestic violence legal aid applications rise – Law Society’s Gazette

Posted December 19th, 2016 in domestic violence, legal aid, legal representation, news, statistics, time limits by sally

‘Relaxing time limits for reporting domestic violence may have contributed to the steep increase in legal aid applications from victims this year, latest government figures suggest.’

Full story

Law Society’s Gazette, 15th December 2016

Source: www.lawgazette.co.uk

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Judge allows Oxford graduate’s £1m high court battle to proceed – The Guardian

Posted December 6th, 2016 in education, news, striking out, time limits, universities by sally

‘A graduate has won a round in his £1m legal battle over his failure to get a first from Oxford University.’

Full story

The Guardian, 5th December 2016

Source: www.guardian.co.uk

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High Court: part 36 offer extinguished earlier common law offer – Litigation Futures

Posted November 22nd, 2016 in dispute resolution, news, part 36 offers, time limits by sally

‘A part 36 offer acts as a counter-offer that extinguishes an earlier offer based on common law principles, the High Court has ruled in a decision that one of the solicitors involved said “could influence settlement techniques and tactics in many commercial disputes in future”.’

Full story

Litigation Futures, 22nd November 2016

Source: www.litigationfutures.com

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CA upholds refusal to grant relief to solicitors who served witness statements late – Litigation Futures

Posted November 15th, 2016 in appeals, civil procedure rules, law firms, news, sanctions, solicitors, time limits, witnesses by tracey

‘Solicitors who served witness statements two months late cannot call any witnesses at trial after the Court of Appeal upheld the first instance judge’s decision to refuse relief from sanctions.’

Full story

Litigation futures, 14th November 2016

Source: www.litigationfutures.com

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Webber v Department for Education (Pensions Ombudsman intervening) – WLR Daily

Posted October 25th, 2016 in complaints, law reports, limitations, ombudsmen, pensions, time limits by tracey

Webber v Department for Education (Pensions Ombudsman intervening) [2016] EWHC 2519 (Ch)

‘The complainant was a teacher and a member of the Teachers’ Pension Scheme. In November 2009 the pension scheme’s administrator wrote to the complainant seeking recovery of pension overpayments in respect of each year since 2002. The complainant made a complaint to the Pensions Ombudsman, pursuant to Part X of the Pension Schemes Act 1993, in which he took a limitation defence. The administrator wrote to the ombudsman in December 2011, indicating it opposed the complaint. The ombudsman went on to reject the complainant’s limitation defence. On his appeal, the High Court held that the complainant had a limitation defence for the recovery of any overpayments made more than six years before the relevant date when the limitation period was to be regarded as having stopped. On a further determination, the ombudsman held that the relevant cut off date for the purposes of limitation was that of the November 2009 letter, namely, the date of an unequivocal demand.’

WLR Daily, 14th October 2016

Source: www.iclr.co.uk

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High Court judge dismisses planning claim as out of time – Local Government Lawyer

Posted October 18th, 2016 in appeals, local government, news, planning, time limits by sally

‘Litigants whose claims are subject to strict time limits “must make arrangements to ensure that they attend the court office in good time so that they are not thwarted by unexpected problems”, a Deputy High Court judge has said in a planning case.’

Full story

Local Government Lawyer, 17th October 2016

Source: www.localgovernmentlawyer.co.uk

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Police bail restriction plans ‘dangerous’ – BBC News

Posted September 28th, 2016 in bail, news, police, reports, time limits by sally

‘Plans to restrict the use of bail in England and Wales for suspects who have not been charged are “dangerous”, policing experts have said.’

Full story

BBC News, 28th September 2016

Source: www.bbc.co.uk

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Out of time but not out of options: Court of Appeal clarify how to deal with limitation defences in contribution claims in WH Newson v IMI – Hardwicke Chambers

Posted August 25th, 2016 in appeals, contribution, news, time limits by sally

‘I don’t know if this has also been your experience, but for some reason the workings of the Civil Liability (Contribution) Act 1978 (the Act) always seems to cause consternation.’

Full story

Hardwicke Chambers, 18th August 2016

Source: www.hardwicke.co.uk

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English court allows retroactive extension of time to allow corrections in arbitral process – OUT-LAW.com

Posted August 15th, 2016 in arbitration, contracts, enforcement, news, time limits by sally

‘The High Court in England has allowed claimants more time to apply for changes to an arbitral award.’

Full story

OUT-LAW.com, 12th August 2016

Source: www.out-law.com

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Landlords behaving badly – Nearly Legal

‘While the Magistrates Courts continue to hand out paltry fines to landlords on conviction for illegal eviction, despite the removal of the upper £5000 limit, it is good to see that the civil courts are capable of taking a more reasonable approach to quantum.’

Full story

Nearly Legal, 13th August 2016

Source: www.nearlylegal.co.uk

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Ukip threatened with legal action if Woolfe stood for leader – The Guardian

Posted August 15th, 2016 in elections, electronic mail, fiduciary duty, news, political parties, time limits by sally

‘UKIP’s leadership contest has been thrown into fresh controversy as a leaked email reveals that the party was threatened with legal action by two of the candidates if frontrunner Steven Woolfe were allowed to stand.’

Full story

The Guardian, 13th August 2016

Source: www.guardian.co.uk

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New BSB report shows more targeted use of enforcement powers – Bar Standards Board

‘The Bar Standards Board has, today, published its Enforcement Annual Report for 2015-16.’

Full press release

Bar Standards Board, 8th August 2016

Source: www.barstandardsboard.org.uk

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Claims Management Regulator – Misleading marketing statements – Ministry of Justice

‘We have put together a list of misleading statements which demonstrate some of the types of advertising and marketing that is not compliant with our rules.’

Full text

Ministry of Justice, 29th July 2016

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

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Cybercriminal “Sir King Cash” ordered to pay back over half a million pounds – Crown Prosecution Service

‘Fraudster Sean Benson, who went by the screen name “Sir King Cash”, has been ordered to pay back £554,000 by a judge at Southwark Crown Court. Benson now has three months in which to pay back the money or face a further five years in jail. All of the money will be paid back to the victims of the fraud.’

Full press release

Crown Prosecution Service, 29th July 2016

Source: www.cps.gov.uk

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Brexit: A new relationship – Counsel

Posted July 27th, 2016 in EC law, international law, news, notification, referendums, time limits by sally

‘Evanna Fruithof, Alexandria Carr and Gordon Nardell QC set out possible models for the UK’s relationship with the EU post-Brexit.’

Full story

Counsel, August 2016

Source: www.counselmagazine.co.uk

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