Councils call for “realistic and achievable timetable” and allocation of new burdens funding for implementation of Awaab’s Law – Local Government Lawyer

‘The Local Government Association has called on the Government to work with the social housing sector to set a “realistic and achievable timescale” for implementation of Awaab’s Law.’

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Local Government Lawyer, 6th March 2024

Source: www.localgovernmentlawyer.co.uk

Appeal judges reject attempts to blame lawyers for convictions – Legal Futures

‘The Court of Appeal has rejected two separate attempts by convicted criminals to blame poor performance by lawyers for their convictions.’

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Legal Futures, 22nd February 2024

Source: www.legalfutures.co.uk

Portuguese man who has lived legally in UK since 2001 faces deportation – The Guardian

Posted February 6th, 2024 in brexit, deportation, disabled persons, identity cards, immigration, news, time limits by tracey

‘The Home Office has threatened a Portuguese plumber who has lived legally in the UK for more than 20 years with deportation after he struggled with his application to remain in the country.’

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The Guardian, 4th February 2024

Source: www.theguardian.com

Trade mark ruling ‘first’ showing UK divergence from EU law post-Brexit – OUT-LAW.com

Posted January 19th, 2024 in appeals, brexit, EC law, intellectual property, news, time limits, trade marks by sally

‘A recent Court of Appeal ruling on trade mark infringement is the first clear example of a UK court consciously deciding to depart from a judgment of the Court of Justice of the EU (CJEU)after Brexit, an expert has said.’

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OUT-LAW.com, 18th January 2024

Source: www.pinsentmasons.com

Britons living abroad regain right to vote in UK elections as 15-year rule ends – The Guardian

Posted January 16th, 2024 in domicile, elections, news, time limits by tracey

‘An estimated 3 million Britons living abroad for more than 15 years will regain their right to vote in all elections in the UK from Tuesday, ending 20 years of broken promises by successive UK governments.’

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The Guardian, 16th January 2024

Source: www.theguardian.com

EAT rejects barrister’s appeal over £3m claim against chambers – Legal Futures

‘The Employment Appeal Tribunal (EAT) has rejected an appeal from a barrister expelled from chambers after posting a tweet about a “stroppy teenager of colour”.’

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Legal Futures, 11th January 2024

Source: www.legalfutures.co.uk

An end to ‘a reasonable period’? Awaab’s Law – Nearly Legal

‘As you will doubtless recall, the Social Housing (Regulation) Act 2023 introduced a new section 10A Landlord and Tenant Act 1985, implying a term into all social tenancies that the landlord will comply with all “prescribed requirements” on responding to relevant defects to be specified in regulations – the framework for “Awaab’s Law”. A breach of section 10A would be actionable by the tenant in the County Court – quite possibly together with section 9A/10 and section 11.’

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Nearly Legal, 9th January 2024

Source: nearlylegal.co.uk

Government consults on legal requirements for social landlords to address hazards including damp and mould quickly – and in some cases within 24 hours – Local Government Lawyer

‘The Secretary of State for Levelling Up, Housing and Communities, Michael Gove, has launched a consultation on the introduction of strict time limits for social housing providers requiring them to take swift action in addressing dangerous hazards such as damp and mould.’

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Local Government Lawyer, 9th January 2024

Source: www.localgovernmentlawyer.co.uk

Canada Square Operations Ltd v Potter [2023] UKSC 41 – New Square Chambers

‘In 2006 Mrs Potter entered into a credit agreement (under the Consumer Credit Act 1974) with Canada Square. She borrowed c.£21K, being a loan of £17K and a PPI premium of £4K (arranged for her by Canada Square). c.£200 was paid to the insurer, with 95% of the premium going to Canada Square, who did not tell Mrs Potter about the commission.’

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New Square Chambers, 16th November 2023

Source: www.newsquarechambers.co.uk

Alerter by Thomas Samuels & Thomas Mallon – Canada Square Operations v Potter [2023] UKSC 41 – Henderson Chambers

Posted December 20th, 2023 in appeals, chambers articles, compensation, disclosure, limitations, loans, news, time limits by sally

‘In upholding the Court of Appeal’s outcome, the Supreme Court has fundamentally reformulated the approach to s.32 of the Limitation Act 1980.’

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Henderson Chambers, 17th November 2023

Source: www.hendersonchambers.co.uk

Deliberating about deliberate concealment and recklessness – Hailsham Chambers

Posted December 20th, 2023 in appeals, chambers articles, disclosure, limitations, news, Supreme Court, time limits by sally

‘The Supreme Court’s decision in Canada Square Operations Ltd v Potter [2023] UKSC 41 is a major landmark, which should be welcomed for its restoration of reasonable simplicity to what had become an unduly complex subject. In doing so, it has established that in a limitation context, “deliberate” means “deliberate” and does not mean “reckless”.’

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Hailsham Chambers, 16th November 2023

Source: www.hailshamchambers.com

Mental health considerations in dishonesty cases, time limits and costs – 3PB

Posted November 23rd, 2023 in appeals, costs, doctors, mental health, news, time limits by sally

‘This judgment deals with an appeal brought by a doctor against her erasure from the GMC register. The judgment discusses the significance of the doctor’s mental health difficulties in the context of findings of dishonesty, the law on time limits, and it provides a helpful demonstration of how CPR 52.19 (applications to limit recoverable costs) may be applied in statutory appeals of this nature.’

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3PB, 26th October 2023

Source: www.3pb.co.uk

Supreme Court dismisses commercial lender’s appeal over PPI claim – Law Society’s Gazette

Posted November 17th, 2023 in appeals, disclosure, insurance, news, Supreme Court, time limits by tracey

‘The Supreme Court has ruled that a claim over the misselling of a payment protection insurance policy was not time-barred as the commercial lender failed to disclose that it was charging a “substantial commission” on the policy.’

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Law Society's Gazette, 16th November 2023

Source: www.lawgazette.co.uk

Alerter by George Mallet & William Moody – Supreme Court Judgment on unfair relationships and PPI claims: Smith v RBS [2023] UKSC 34 – Henderson Chambers

‘The Supreme Court has given judgment in Smith and Burrell v Royal Bank of Scotland Plc [2023] UKSC 34, overturning the Court of Appeal and disagreeing with the bank’s limitation argument.’

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Henderson Chambers, 5th October 2023

Source: www.hendersonchambers.co.uk

Firm wins challenge to legal aid out of time reduction – Law Society’s Gazette

Posted November 3rd, 2023 in delay, fees, law firms, legal aid, news, solicitors, time limits by tracey

‘A firm has successfully challenged a 20% late-submission penalty to a legal aid settlement.’

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Law Society's Gazette, 3rd November 2023

Source: www.lawgazette.co.uk

Barrier to employment lifted for thousands of ex-offenders – Ministry of Justice

‘Over 120,000 former offenders will find it easier to get work and turn their lives away from crime following a change in the law.’

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Ministry of Justice, 30th October 2023

Source: www.gov.uk

UK Mandatory Disclosure Rules (MDR) for cross-border tax avoidance arrangements – OUT-LAW.com

Posted October 16th, 2023 in brexit, disclosure, HM Revenue & Customs, news, tax avoidance, taxation, time limits by tracey

‘New UK rules requiring disclosure of cross-border tax avoidance arrangements have been introduced to replace DAC6, the EU’s mandatory disclosure regime. Under the new Mandatory Disclosure Rules (MDR), disclosure has been extended to include arrangements wholly outside the UK/EU.’

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OUT-LAW.com, 13th October 2023

Source: www.pinsentmasons.com

Register your block of flats by 1 October 2023 – or go to jail! – Tanfield Chambers

‘Mark Loveday gives a timely reminder as to the upcoming deadline for registration under the BSA 2022.’

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Tanfield Chambers, 15th September 2023

Source: www.tanfieldchambers.co.uk

English court reminds construction contract payment provisions to be ‘compliant’ – OUT-LAW.com

Posted September 28th, 2023 in construction industry, contracts, news, time limits by tracey

‘An English court has reminded the construction sector of the importance of complying with the mandatory payment provisions in the Housing Grants, Construction and Regeneration Act 1996 (1996 Act) in payment provisions, in a case in which it found that a contract which requires the submission of VAT invoice to fix the final date for payment is not compliant.’

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OUT-LAW.com, 27th September 2023

Source: www.pinsentmasons.com

One in four complaints to Legal Ombudsman outside new time limits – Legal Futures

‘More than a quarter (27%) of complaints made to the Legal Ombudsman (LeO) are outside the new time limits introduced at the beginning of April, it has emerged.’

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Legal Futures, 16th August 2023

Source: www.legalfutures.co.uk