FCA could call time on PPI claims – The Guardian

Posted January 30th, 2015 in compensation, complaints, financial regulation, insurance, news, time limits by sally

‘Britain’s financial watchdog has raised the possibility of introducing a time limit on complaints about payment protection insurance, the mis-selling scandal that has cost banks more than £17bn in compensation.’

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The Guardian, 30th January 2015

Source: www.guardian.co.uk

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Sir Brian Leveson’s Review of Efficiency in Criminal Proceedings published: Media Release – Judiciary of England and Wales

‘Sir Brian Leveson, The President of the Queen’s Bench Division publishes his review into efficiency in criminal proceedings today (Friday) with a wide ranging set of recommendations. He was asked by the Lord Chief Justice, Lord Thomas to find ways to make criminal justice more efficient and streamlined.’

Full press release

Judiciary of England and Wales, 23rd January 2015

Source: www.judiciary.gov.uk

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High court blocks second phone-hacking claims brought by John Leslie and Jeff Brazier – The Guardian

Posted January 28th, 2015 in conspiracy, corruption, costs, damages, interception, media, news, telecommunications, time limits by tracey

‘Mr Justice Mann rules that settlements reached in first claims for damages against News of the World publisher barred new actions from former TV personalities.’

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The Guardian, 27th January 2015

Source: www.guardian.co.uk

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Qualification criteria and allocations: An outlier? – NearlyLegal

Posted January 27th, 2015 in appeals, housing, local government, news, time limits by sally

‘In R(Hillsden) v Epping Forest DC [2015] EWHC 98 (Admin), McCloskey J held the council’s allocation scheme valid in circumstances which, I must say, did not seem propitious to the council. The council’s new allocation scheme, which came in to force in September 2013, had a qualification criterion which required applicants to have a continuous residence for three years and, for those already registered, to have two and a half years. It was argued by the council that there was no “exceptional circumstances” get-out clause, because, apparently, the council “wanted clear rules that left no room for doubt about whether an individual qualified in the first place”. Now, like Ms Hillsden’s counsel (Jan Luba and Bethan Harris), I would have said that whole criterion was a real problem – indeed, our past notes on this precise issue have argued this too. So, fair play to Epping – how did they win? Will it survive an appeal?’

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NearlyLegal, 24th January 2015

Source: www.nearlylegal.co.uk

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Ashley and others v Tesco Stores Ltd and others – WLR Daily

Posted January 20th, 2015 in civil procedure rules, documents, law reports, Scotland, service, time limits by sally

Ashley and others v Tesco Stores Ltd and others [2015] WLR (D) 11

‘The applicable time limit for service outside the jurisdiction of a claim form on a Scottish registered company, at its registered office in Scotland, where the claimant sought to serve the claim form under section 1139(1) of the Companies Act 2006 was six months from the date of issue of the claim form, as laid down by CPR r 7.5(2).’

WLR Daily, 15th January 2015

Source: www.iclr.co.uk

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Late requests for paper CMCs “run the risk of sanctions”, High Court warns – Litigation Futures

Posted January 14th, 2015 in case management, news, time limits by tracey

‘Lawyers who make late requests for paper case management conferences (CMCs) without good reason “run the risk of sanctions”, the High Court has warned.’

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Litigation Futures, 14th January 2015

Source: www.litigationfutures.com

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Asking for relief – NearlyLegal

‘This is a housing case, but the procedural issue in this decision is only tangentially related to that. Nonetheless, it is a matter worth noting.’

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NearlyLegal, 10th January 2015

Source: www.nearlylegal.co.uk

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Peers seek to limit law on assisted dying – The Independent

Posted January 12th, 2015 in assisted suicide, bills, news, parliament, time limits by sally

‘A coalition of cross-party peers has moved to water down proposed legislation that would let the terminally ill request and receive help to end their lives.’

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The Independent, 11th January 2015

Source: www.independent.co.uk

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Detention: the black hole at the heart of British justice – The Independent

Posted January 8th, 2015 in asylum, bills, detention, immigration, news, time limits by sally

‘It has been described as the “black hole at the heart of British justice”. Thousands of people, most of whom have been convicted of no crime, detained for as long as government officials wish.’

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The Independent, 6th January 2015

Source: www.independent.co.uk

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Court of Appeal: litigants in person may get help with relief from sanctions, but only “at the margins” – Litigation Futures

‘The fact that an individual or a company is a litigant in person is not a reason for the “disapplication” of court orders, rules and directions, appeal judges have ruled.’

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Litigation Futures, 5th January 2015

Source: www.litigationfutures.com

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Regina (Hysaj) v Secretary of State for the Home Department; Fathollahipour v Aliabadibenisi; May v Robinson – WLR Daily

Regina (Hysaj) v Secretary of State for the Home Department; Fathollahipour v Aliabadibenisi; May v Robinson [2014] EWCA Civ 1633; [2014] WLR (D) 538

‘The approach to applications for extensions of time for filing a notice of appeal should be the same as for applications for relief from sanctions and should attract the same rigorous approach.’

WLR Daily, 16th December 2014

Source: www.iclr.co.uk

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28-day police bail limit proposed for England and Wales – BBC News

Posted December 18th, 2014 in bail, consultations, news, time limits by sally

‘The time people can be put on pre-charge police bail could be limited to 28 days, the home secretary has said.’

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BBC News, 18th December 2014

Source: www.bbc.co.uk

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Appeal court throws out attack on Bar disciplinary tribunals over time-expired members – Legal Futures

Posted December 18th, 2014 in appeals, barristers, disciplinary procedures, inns of court, news, time limits by sally

‘Anomalies in the appointment of panel members to Bar disciplinary tribunals between 2006 and 2011 did not affect the validity of their findings, the Court of Appeal decided yesterday.’

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Legal Futures, 17th December 2014

Source: www.legalfutures.co.uk

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Extensions of Time to File Notices of Appeal and Relief from Sanctions: R (on the application of DINJAN HYSAJ) v Secretary of State for The Home Department: Fathollahipour v Aliabadibenisi: May v Robsinson – Zenith PI Blog

‘CPR r.3.9 rears its growling head again…but a more robust approach, nevertheless, should not be taken as encouragement to refuse reasonable extensions of time or to seek tactical advantage in every minor default.’

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Zenith PI Blog, 17th December 2014

Source: www.zenithpi.wordpress.com

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Home secretary backs tougher powers for child sex abuse inquiry – The Guardian

Posted December 16th, 2014 in child abuse, inquiries, news, select committees, sexual offences, time limits by tracey

‘Theresa May tells MPs she is also considering revising cut-off date for sex abuse allegations to include claims from 1950s.’

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The Guardian, 15th December 2014

Source: www.guardian.co.uk

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Judge criticises multi-millionaire tycoon over unpaid fine for illegally felling trees – Daily Telegraph

‘Sir John Thomas, the Lord Chief Justice, says ‘one law for rich and another for poor’ as he tells court penalty imposed on Philip Edward Day should not still be outstanding.’

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Daily Telegraph, 5th December 2014

Source: www.telegraph.co.uk

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Pre-charge bail: Everything you need to know about the campaign to close a ‘legal limbo’ loophole – Daily Telegraph

Posted December 2nd, 2014 in bail, evidence, investigatory powers, news, police, time limits by sally

‘Former ministers, MPs and lawyers have signed a letter to The Telegraph demanding reform of the controversial pre-charge bail measure. Here’s what you need to know.’

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Daily Telegraph, 2nd December 2014

Source: www.telegraph.co.uk

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Stop Retaliating! – NearlyLegal

Posted November 27th, 2014 in bills, complaints, housing, landlord & tenant, news, notification, repairs, time limits by sally

‘The Tenancies Reform Bill has now been formally published following its second reading. The Bill has changed substantially from the original version that was put forward by Sarah Teather MP and drafted by Shelter. We commented on the Bill before as we had seen the version produced at first reading. The Bill has now benefitted from the gentle caress of the Parliamentary Draftsman’s office so it looks entirely different.’

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NearlyLegal, 27th November 2014

Source: www.nearlylegal.co.uk

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Relief From Sanctions – Part 2 – Applying in Time – Zenith PI Blog

Posted November 25th, 2014 in civil procedure rules, limitations, news, sanctions, time limits by sally

‘Mitchell [2014] 1 WLR 795 and Denton [2014] 1 WLR 3926 dealt with the situation of an application out of time, that is to say when the time had expired for performance of a step dictated by a rule or by practice direction or a court order had expired. But the further question arises, To what extent do the principles laid down there apply in the situation where one applies in time, that is to say before the expiry date? That is of great importance, because, if one is handling a case properly, it should become obvious, at least some days if not weeks in advance, that a particular time limit is not going to be able to be achieved. This may be for a variety of reasons, sometimes because of illness or – tell it not in Gath! – the delays of counsel. This matter was considered in depth fairly recently in Re Guidezone Ltd, Kaneria-v-Kaneria [2014] 1 WLR 3728, by Nugee J. In a full and careful judgment, the judge considered what was the position when an in-time application was made under CPR r.3.1(2)(a) for extension of time. He held that such an application was not an application for relief from sanctions, nor was it closely analogous to one. Therefore, Mitchell did not apply to it.’

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Zenith PI Blog, 25th November 2014

Source: www.zenithpi.wordpress.com

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Frontier Estates -v- Berwin Leighton Paisner: in time application for extension of time refused – Zenith PI Blog

Posted November 21st, 2014 in civil procedure rules, limitations, news, time limits by tracey

‘Parties are advised to make applications in advance of the expiry of time limits in order to avoid a breach and have the courts look more favourably on their applications. It must be remembered however that an application made in time is not necessarily bound to succeed.’

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Zenith PI Blog, 21st November 2014

Source: www.zenithpi.wordpress.com

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