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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Bewry v Reed Elsevier UK Ltd (trading as LexisNexis) and another – WLR Daily

Posted November 18th, 2014 in appeals, defamation, law reports, limitations, time limits by sally

Bewry v Reed Elsevier UK Ltd (trading as LexisNexis) and another [2014] EWCA Civ 1411; [2014] WLR (D) 474

‘Where a court was determining whether to exercise its discretion under section 32A of the Limitation Act 1980 to disapply the one-year limitation period applying by virtue of section 4A of the 1980 Act to a claim for libel, the claimant’s ignorance of the limitation period would rarely if ever be a factor which carried any or any significant weight given the policy reasons underlying the one-year limitation period for libel claims.’

WLR Daily, 30th October 2014

Source: www.iclr.co.uk

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The Duty to Inform and Consult under Regulation 13 of TUPE – Tanfield Chambers

‘The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) have provided a wide range of case law since they came into force. Decisions have often been focused on issues such as what constitutes a relevant transfer or the effect ofinsolvency on a transfer. However, there has been surprisingly little case law which deals with the Regulation 13 TUPE duty to inform and consult and the Regulation 15 TUPE claim to a tribunal for a failure to inform and consult.’

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Tanfield Chambers, 16th October 2014

Source: www.tanfieldchambers.co.uk

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Holiday pay – life after the EAT judgment – Halsbury’s Law Exchange

‘Last week, amid much media excitement, the Employment Appeal Tribunal handed down its judgment in the conjoined cases of Bear Scotland v Fulton, Amec v Law & Hertel v Woods. All three cases were appealing against the decisions of employment tribunals who determined that the calculating “normal remuneration” for holiday pay purposes should include overtime even if the overtime is not guaranteed.’

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Halsbury’s Law Exchange, 14th November 2014

Source: www.halsburyslawexchange.co.uk

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Relief From Sanction – Without A Formal Application – Zenith PI Blog

Posted November 10th, 2014 in appeals, disclosure, news, repossession, time limits by sally

‘In Cutler v Barnet LBC (QBD 21/10/14) Supperstone J held that a judge had erred in not considering a defendant’s oral application for relief from sanction. The court had a discretion to consider such an application even where a formal application under Part 23 had NOT been made.’

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Zenith PI Blog, 10th November 2014

Source: www.zenithpi.wordpress.com

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Permission to file a respondent’s notice out of time not prevented by Mitchell – The Barristers’ Hub

Posted November 4th, 2014 in appeals, civil procedure rules, news, sanctions, time limits by sally

‘The recent decision in the case of Altomart Limited v Salford Estates (No. 2) Limited [2014] EWCA Civ 1408 gave the Court of Appeal a further opportunity to revisit the issues raised in Mitchell v News Group Newspapers Ltd. It provided further indication of how the court is now more willing to grant relief from sanction where such refusal would lead to a potential injustice in the face of little prejudice being caused by the breach.’

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The Barristers’ Hub, 31st October 2014

Source: www.barristershub.co.uk

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Altomart Ltd v Salford Estates (No 2) Ltd – WLR Daily

Posted October 31st, 2014 in case management, civil procedure rules, law reports, service, time limits by sally

Altomart Ltd v Salford Estates (No 2) Ltd [2014] EWCA Civ 1408; [2014] WLR (D) 451

‘An application under CPR r 3.1(2)(a) for an extension of time in which to file a respondent’s notice was by analogy subject to the robust approach to compliance with rules set down by the Court of Appeal in relation to applications for relief from sanction under CPR r 3.9.’

WLR Daily, 29th October 2014

Source: www.iclr.co.uk

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Relief From Sanctions – Watch it! – Zenith PI Blog

Posted October 23rd, 2014 in civil procedure rules, news, sanctions, time limits by sally

‘After the turbulence of the past year, provoked primarily by the Mitchell case [2014] 1WLR 795, we all surely know about relief from sanctions – but do we?’

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Zenith PI Blog, 22nd October 2014

Source: www.zenithpi.wordpress.com

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Regina (Detention Action) v Secretary of State for the Home Department – WLR Daily

Posted October 17th, 2014 in appeals, asylum, detention, immigration, news, time limits by tracey

Regina (Detention Action) v Secretary of State for the Home Department: [2014] EWCA Civ 1270; [2014] WLR (D) 426

‘All those subject to the Detained Fast Track policy, operated by the Secretary of State, for the detention of some asylum seekers while their asylum claims were being determined would now have four clear working days from allocation of a lawyer to substantive interview.’

WLR Daily, 9th October 2014

Source: www.iclr.co.uk

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Canning v Network Rail: service of supplementary witness evidence post-Mitchell – Zenith PI Blog

Posted October 3rd, 2014 in news, service, time limits, witnesses by tracey

‘The court in Canning v Network Rail [2014] EWHC 2104 (QB) treated an application to rely on supplementary witness evidence as an application for relief from sanctions. The Mitchell considerations therefore came into play.’

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Zenith PI Blog, 3rd October 2014

Source: www.zenithpi.wordpress.com

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Bar Council urges government rethink on end of insolvency LASPO exemption – Litigation Futures

Posted September 23rd, 2014 in barristers, insolvency, news, reports, time limits by sally

‘The Bar Council has urged the government to reconsider its plans to end the Jackson reforms exemption currently applied to insolvency litigation.’

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Litigation Futures, 23rd September 2014

Source: www.litigationfutures.com

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Government stands firm on ending LASPO exemption for insolvency proceedings – Litigation Futures

Posted September 16th, 2014 in insolvency, news, time limits by tracey

‘The government has indicated that it will not rethink the end of the LASPO exemption currently applied to insolvency proceedings, which is due to expire next year.’

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Litigation Futures, 15th September 2014

Source: www.litigationfutures.com

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Durrant Round 2: What to do when the court has refused to let you rely upon your evidence – Zenith PI Blog

Posted September 8th, 2014 in appeals, evidence, news, police, time limits, witnesses by sally

‘As you will remember, at the end of 2013 the CA refused to allow the Defendant to rely upon witness statements which had been served out of time. Therefore when the Claimant’s claim for damages for false imprisonment, assault, malicious prosecution, Breach of Article 3 and defamation came before the court in August 2014, the only statements read by the court were those provided by the Claimant, and the only live evidence came from the Claimant and one witness on her behalf. The court did, however, also view CCTV.’

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Zenith PI Blog, 5th September 2014

Source: www.zenithpi.wordpress.com

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The perils of skiing, reduced bonuses and missed deadlines – Commercial Disputes Blog

Posted August 28th, 2014 in appeals, law firms, negligence, news, time limits by sally

‘The High Court has recently revisited how loss of chance damages will be quantified in professional negligence claims.’

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Commercial Disputes Blog, 26th August 2014

Source: www.rpc.co.uk

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Carter-Ruck granted relief from sanctions after solicitor “misread” CPR – Litigation Futures

Posted August 22nd, 2014 in case management, civil procedure rules, costs, news, solicitors, time limits by tracey

‘The High Court this week granted libel specialists Carter-Ruck relief from sanctions after an assistant solicitor “misread” the Civil Procedure Rules and was almost four months late in sending out a funding notice.’

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Litigation Futures, 22nd August 2014

Source: www.litigationfutures.com

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Regina v Ali (Salah) – WLR Daily

Regina v Ali (Salah) [2014] EWCA Crim 1658; [2014] WLR (D) 366

‘It was permissible for the statutory assumptions in section 10 of the Proceeds of Crime Act 2002 to be applied in a case where a defendant was either voluntarily or involuntarily absent through illness.’

WLR Daily, 31st August 2014

Source: www.iclr.co.uk

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Witness statements, Mitchell and CPR rules 3.9 and 32.10 – Sovereign Chambers

Posted August 7th, 2014 in civil procedure rules, evidence, news, time limits, trials, witnesses by sally

‘David Partington and Judy Dawson, barristers in the Sovereign Chambers Civil Team in Leeds, consider the civil procedural difficulties that the late service of witness statements cause for both the defaulting and innocent parties, given the interplay of, “Jackson”, Denton, and the cases dealing with sanction for late service of witness statements.’

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Sovereign Chambers, 16th July 2014

Source: www.sovereignchambers.co.uk

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Finance and Divorce Update – Family Law Week

‘Jessica Craigs, senior solicitor at Mills & Reeve LLP, reviews the latest developments and judgments relating to marriage, divorce and financial remedies.’

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Family Law Week, 11th July 2014

Source: www.familylawweek.co.uk

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Mitchell: conjoined appeals – Law Society’s Gazette

‘Practitioners will be conscious of the ridiculous practice that ensued in the lower courts following the ‘guidance’ dispensed by the Court of Appeal in Mitchell v News Group Newspapers [2013] EWCA Civ 1537 as to the operation and application of rule 3.9 of the Civil Procedure Rules – Relief from Sanction.’

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Law Society’s Gazette, 14th July 2014

Source: www.lawgazette.co.uk

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Colefax v First-tier Tribunal (Social Entitlement Chamber) and another – WLR Daily

Posted July 9th, 2014 in criminal injuries compensation, law reports, time limits by sally

Colefax v First-tier Tribunal (Social Entitlement Chamber) and another [2014] EWCA Civ 945; [2014] WLR (D) 296

‘The ordinary meaning of paragraph 18(b) of the Criminal Injuries Compensation Scheme 2008, which provided that a claims officer could waive the two-year time limit, from the date of the relevant incident, for the making of an application for compensation in respect of a criminal injury where, in the particular circumstances of the case, it would not have been reasonable to expect the applicant to have made an application within the two-year period, required the late applicant to show that it was not reasonable to expect him to make any application for compensation within time thereby placing the burden on the late applicant to show that he did not fail to comply with a reasonable expectation that he would pursue his compensation rights in a timely manner.’

WLR Daily, 8th July 2014

Source: www.iclr.co.uk

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