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.’

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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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Costs management – New Law Journal

Posted July 27th, 2016 in budgets, case management, civil procedure rules, costs, fees, news, time limits by sally

‘One of the most important aspects of the Jackson Reforms relates to costs budgeting and the use of Precedent H.’

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New Law Journal, 26th July 2016

Source: www.newlawjournal.co.uk

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Groundbreaking barrister sees race bias claim against BSB thrown out – Legal Futures

‘A barrister who claimed she was the victim of racial discrimination by the Bar Standards Board (BSB) has lost her appeal against a ruling that her case was brought out of time.’

Full story

Legal Futures, 26th July 2016

Source: www.legalfutures.co.uk

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Rich wives being told to get a job as judges clamp down on ‘meal ticket’ divorces – Daily Telegraph

Posted July 21st, 2016 in appeals, divorce, employment, financial provision, news, time limits, women by tracey

‘Rich wives are increasing being told to go out and get a job rather than rely on maintenance from their ex-husband as judges lead what amounts to a clampdown on “meal ticket” divorces, according to lawyers.’

Full story

Daily Telegraph, 20th July 2016

Source: www.telegraph.co.uk

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Supreme Court rejects Wiltshire resident’s appeal against solar farm – OUT-LAW.com

Posted July 15th, 2016 in appeals, energy, news, planning, Supreme Court, time limits by tracey

‘An appeal against the grant of planning permission to a solar farm in Wiltshire “does not raise an arguable point of law of general public importance”, and may not be appealed to the Supreme Court.’

Full story

OUT-LAW.com, 13th July 2016

Source: www.out-law.com

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Tribunal rejects costs application delayed by solicitors with “inexplicable” ignorance of rules – Litigation Futures

Posted July 12th, 2016 in costs, law firms, news, solicitors, time limits, tribunals by sally

‘A costs application, delayed by over five months as a result of “elementary errors” by solicitors, has been rejected as out of time by the First Tier Tax Tribunal (FTT).’

Full story

Litigation Futures, 12th July 2016

Source: www.litigationfutures.com

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A Local Authority v D and others [2016] EWHC 1438 (Fam) – WLR Daily

A Local Authority v D and others [2016] EWHC 1438 (Fam)

‘The applicant local authority applied, pursuant to paragraph 6(3) of Schedule 3 to the Children Act 1989, for a six-month extension of a supervision order made in its favour under section 31 of the 1989 Act in respect of three children from the travelling community. The application was dated the day that the original order expired but was not issued until the following day.’

WLR Daily, 1st July 2016

Source: www.iclr.co.uk

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