Mistaken Payments and Mistakes of Law under the Limitation Act 1980 – Hardwicke Chambers

Posted February 25th, 2021 in corporation tax, limitations, mistake, news, subsidiary companies by sally

‘The FII Group Litigation (‘FII’) was established by an Order made on 8 October 2003 with the purpose of determining common or related questions of law arising out of the tax treatment of dividends received by UK resident companies from non-resident subsidiaries. The Test Claimants’ basic allegation was that their tax treatment (under domestic legislation long-since repealed), as compared to that of wholly-resident UK companies, breached TFEU provisions on freedom of establishment and free movement of capital. The Test Claimants therefore sought repayment of tax paid insofar as it was unlawful under EU law; in some cases, dating back to the UK’s accession in 1973.’

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Hardwicke Chambers, 24th February 2021

Source: hardwicke.co.uk

Know your limits, show your limits: Lessons from Food Standards Agency v Bakers of Nailsea Ltd (2020) – St Philips Barristers

‘The Food Standards Agency (“FSA”) made three applications for the issue of a summons to commence proceedings against Bakers of Nailsea Ltd (“BNL”), the food business operator for an abattoir in Nailsea, near Bristol, for offences contrary to the Food Safety and Hygiene (England) Regulations 2013 (“the 2013 Regulations”).’

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St Philips Barristers, 9th February 2021

Source: st-philips.com

Limitation Practice in Clinical Negligence Cases After Azam – Ropewalk Chambers

Posted January 22nd, 2021 in appeals, chambers articles, delay, doctors, limitations, medical treatment, negligence, news by sally

‘Clinical negligence cases can be complex enough without the added difficulty of delay in bringing proceedings resulting in a limitation defence. When it is raised by Defendants it is currently common for cases to be managed so that limitation will be tried as a preliminary issue, perhaps because of the possibility of a major costs saving if a full trial can be avoided.’

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Ropewalk Chambers, 18th January 2021

Source: www.ropewalk.co.uk

Breaching Legal Advice Privilege – Family Law Week

Posted January 14th, 2021 in disclosure, documents, enforcement, fraud, legal services, limitations, news, privilege by tracey

‘Henry Clayton, barrister of 4PB, considers the circumstances in which documents which purport to be privileged are, in fact, admissible.’

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Family Law Week, 14th January 2021

Source: www.familylawweek.co.uk

The Overseas Operations Bill ‘Does nothing to protect soldiers and breaches international law’ – Each Other

‘A former senior legal officer for the British Army has spoken out against The Overseas Operations Bill currently on its way through parliament, saying it does nothing to protect soldiers and breaches international law.’

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Each Other, 12th January 2021

Source: eachother.org.uk

Family of man killed by convicted terrorist sue UK government – The Guardian

‘The family of a young man stabbed to death by a convicted terrorist are suing the government over alleged failures to manage the attacker in the community.’

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The Guardian, 26th November 2020

Source: www.theguardian.com

Forces claims bill condemned as attack on independent legal profession – Law Society’s Gazette

‘The Law Society has endorsed parliamentary criticism of proposed legislation aimed at curbing what the government calls vexatious claims against service personnel.’

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Law Society's Gazette, 30th October 2020

Source: www.lawgazette.co.uk

Folk Heroes, Villains and the Overseas Operations Bill — Conall Mallory – UK Human Rights Blog

Posted October 13th, 2020 in armed forces, bills, limitations, news, prosecutions by sally

‘The Overseas Operations Bill (‘OOB’) aims to prevent what the government has long termed as ‘vexatious legislation’ being brought against members of the UK’s armed forces for their conduct in engagements abroad.’

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UK Human Rights Blog, 12th October 2020

Source: ukhumanrightsblog.com

Government to review Human Rights Act – Law Society’s Gazette

‘Lord chancellor Robert Buckland has revealed that the government is to commission an independent review of the Human Rights Act.’

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Law Society's Gazette, 7th October 2020

Source: www.lawgazette.co.uk

Ronan Cormacain: The United Kingdom Internal Market Bill and Breach of Domestic Law – UK Constitutional Law Association

‘Huge controversy has already been generated over provisions in the United Kingdom Internal Market Bill granting Ministers the power to disapply the Withdrawal Agreement. Most of the debate (Elliott, Armstrong) has been focused on the potential breaches of international law. This could severely damage the reputation of the United Kingdom in the world. However, what has been relatively overlooked is that this Bill is also a flagrant attack on the Rule of Law at the UK domestic level. This remains the case even if amendments proposed by Sir Bob Neill MP (and apparently accepted by the Government) pass.’

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UK Constitutional Law Association, 23rd September 2020

Source: ukconstitutionallaw.org

Bethany Shiner and Tanzil Chowdhury: The Overseas Operation (Service Personnel and Veterans) Bill and Impunity of the British State – UK Constitutional Law Association

‘The Overseas Operation (Service Personnel and Veterans) Bill was introduced in the House of Commons in March 2020 and is due its second reading on 23 September 2020. In short, the Bill aims to limit prosecution and civil proceedings against military personnel, as well as to enable the UK government to derogate from the European Convention on Human Rights (ECHR) during combat operations. The Bill emerges in response to what numerous Defence Secretaries have referred to as the “judicialisation of war”, a term which has been used to resist the application of the ECHR to overseas military combat operations. Despite the Bill being described as a way to protect soldiers from the “industry” of “vexatious claims” and preserve the ability of combat forces to fight wars effectively, there is every suggestion that this is really about precluding, or at least severely limiting, the accountability of the British state in its overseas military deployments.’

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UK Constitutional Law Association, 22nd September 2020

Source: ukconstitutionallaw.org

NHS, solicitors and patients group agree Covid-19 claims protocol – Litigation Futures

‘NHS Resolution, the Society of Clinical Injury Lawyers (SCIL) and patient safety charity Action against Medical Accidents (AvMA) have signed up to a new protocol to better manage claims during Covid-19.’

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Litigation Futures, 14th August 2020

Source: www.litigationfutures.com

New limits on compensation fund to save costs – Law Society’s Gazette

‘Maximum payments to clients of dishonest solicitors are to be slashed from £2m to £500,000 as part of measures to reduce the financial burden on the profession, the Solicitors Regulation Authority has announced.’

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Law Society's Gazette, 28th July 2020

Source: www.lawgazette.co.uk

Duty of care owed by UK ship agent to Bangladeshi worker? – UK Human Rights Blog

‘On 30 March 2018, whilst working on the demolition of an oil tanker on the beach at Chittagong, Bangladesh, Mr Mollah fell to his death.’

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UK Human Rights Blog, 17th July 2020

Source: ukhumanrightsblog.com

Mesothelioma compensation scheme considered at appellate level for the first time – Hardwicke Chambers

‘The Upper Tribunal has handed down judgment in DP v Topmark Claims Management Ltd [2020] UKUT 0106 (AAC), which is the first time the Diffuse Mesothelioma Payment Scheme (“DMPS”) has been considered at an appellate level. It gave guidance on the scope of the scheme, as well as wider points on the nature of an appeal before the First Tier Tribunal (“FTT”) and on statutory interpretation.’

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Hardwicke Chambers, 2nd June 2020

Source: hardwicke.co.uk

Adding Allegations to a Clinical Negligence Claim: a brief summary of Mangala Janakarajah v (1) Oxford University Hospitals NHS Trust (2) Mario Petrou [2020)] QBD (Soole J) 03/06/2020 – Parklane Plowden Chambers

‘In clinical negligence cases things change. That’s often because new expert evidence, witness evidence, or medical records come to light. So, when can you add to your existing case?’

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Parklane Plowden Chambers, 5th June 2020

Source: www.parklaneplowden.co.uk

Limitation: When Does Time Start to Run? – Hailsham Chambers

Posted June 11th, 2020 in contracts, disabled persons, insurance, limitations, news, restitution by sally

‘The key phrase in most but not all of the sections of the Limitation Act 1980 is the accrual of the “cause of action”. Time runs from the accrual of the cause of action.’

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Hailsham Chambers, June 2020

Source: www.hailshamchambers.com

Covid-19 and Limitation Periods in Cross-Border Disputes – Blackstone Chambers

Posted June 4th, 2020 in coronavirus, EC law, limitations, news by sally

‘The law governing limitation periods is critical in managing a dispute; a failure to commence proceedings within the required limitation period is usually nothing less than fatal to a claim. This article considers the potential impact of the Covid-19 pandemic on limitation periods affecting international civil litigation in the courts of England and Wales (henceforth, with apologies, the English courts). The focus of this article is on statutory limitation periods, but it is important to note that some claims may also be subject to contractually agreed limitation periods which require separate and careful consideration.’

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Blackstone Chambers, 29th May 2020

Source: coronavirus.blackstonechambers.com

Residential Service Charge – Time for Reform? – Becket Chambers

‘On Halloween in 2003, the Service Charge (Consultation Requirements) (England) Regulations 2003 (the “Regulations”) came into force, amending section 20 of the Landlord and Tenant Act 1985 (“LTA 1985”). This amendment set a financial limit to works carried out on a residential building, beyond which a landlord would have to consult with tenants. That threshold is £250 per tenant. The nature of the consultation is prescribed by section 20 LTA 1985.’

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Becket Chambers, 27th May 2020

Source: becket-chambers.co.uk

Identifying and dealing with difficult issues in NIHL cases – Parklane Plowden Chambers

Posted June 3rd, 2020 in chambers articles, damages, limitations, news, noise, personal injuries by sally

‘The diagnosis and quantification of NIHL is affected by innumerable confounding factors, which include:

(i) Constitutional issues, such as unrelated third pathologies, which can

‘replicate’ the pattern of threshold elevation as appears in NIHL cases;

(ii) Personal susceptibility to hearing damage: ‘soft and hard ears’;

(iii) The actual threshold at birth or before noise exposure, which means assumptions must be made regarding the extent of any allegedly raised threshold;

(iv) Age. Particularly how the effects of age are to be calculated and the assumptions which are valid in arriving at an approved or reliable AAHL table of estimates’

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Parklane Plowden Chambers, 22nd May 2020

Source: www.parklaneplowden.co.uk