Update on limitation periods – Local Government Lawyer

‘A recent Court of Appeal ruling is a reminder of the applicable limitation periods for those procurements commenced under the current regime, write John Houlden, Laura Tudor and Abigail Cropper.’

Full Story

Local Government Lawyer, 12th July 2024

Source: www.localgovernmentlawyer.co.uk

Employment and personal injury case brought by trainee naval cadet struck out – 12 King’s Bench Walk

‘Robert Oldham, pupil barrister at 12 King’s Bench Walk, highlights the lessons for practitioners in Townsend v Corporation of Trinity House [2023] EWHC 3403 (KB), a claim for bullying and harassment that was struck out.’

Full Story

12 King's Bench Walk, 3rd July 2024

Source: pilawblog.com

Where’s the limit? A recent contrasting pair of lawyers’ liability cases on duty and limitation – 4 New Square

‘A recent pair of lawyers’ liability cases have looked at the issue of continuing duties and limitation in two contrasting circumstances: one where the solicitors realised that they had made an error and set about rectifying it, and one where the lawyers did not think that they had been negligent. The two factual scenarios led to diametrically opposed outcomes. Amanda Savage KC and Helen Evans KC examine these recent authorities and what they tell us about where the law is heading on both limitation and duty in lawyers’ claims.’

Full Story

4 New Square, 3rd June 2024

Source: www.4newsquare.com

Limitation in public contracts challenges – Local Government Lawyer

Posted May 28th, 2024 in contracting out, limitations, news, public procurement, regulations by tracey

‘The High Court has handed down an important judgment, providing extensive guidance on the correct interpretation and application of a number of aspects of the rules governing limitation in respect of challenges to the award of public contracts under the Public Contracts Regulations 2015 (“the PCR”). Joseph Barrett KC examines the ruling.’

Full Story

Local Government Lawyer, 24th May 2024

Source: www.localgovernmentlawyer.co.uk

Beyond the boundaries of time – Haden, Luxton and section 14 of POCA – Mountford Chambers

Posted May 7th, 2024 in chambers articles, confiscation, delay, limitations, news by sally

‘Grace Khaile considers the Court of Appeal’s latest judgments on delay in confiscation proceedings. The two-year limit in section 14(5) of the Proceeds of Crime Act after conviction for the determination of confiscation proceedings appears to be no more than notional.’

Full Story

Mountford Chambers, 23rd April 2024

Source: www.mountfordchambers.com

A limitation period applies to unfair prejudice petitions under section 994 of the Companies Act 2006 (THG Plc and others v Zedra Trust Company (Jersey) Limited) – Gatehouse Chambers

‘Dispute Resolution analysis: The Court of Appeal has rejected 40 years of “received wisdom” among company law practitioners and has held that a limitation period of either twelve or six years (depending upon the relief sought) applies in respect of petitions under section 994 of the Companies Act 2006.’

Full Story

Gatehouse Chambers, 7th March 2024

Source: gatehouselaw.co.uk

Ruling sheds light on energy supplier and broker liability for ‘secret’ commissions – OUT-LAW.com

Posted April 4th, 2024 in contracts, energy, fiduciary duty, limitations, news by tracey

‘A new ruling has confirmed that there are only limited circumstances in which British energy suppliers could be held liable for any failings by a broker to meet duties it owes customers pertaining to commission arrangements, experts have said.’

Full Story

OUT-LAW.com. 3rd April 2024

Source: www.pinsentmasons.com

Trade Marks – Industrial Cleaning Equipment (Southampton) Ltd. v Intelligent Cleaning Equipment Holdings Co. Ltd. and another – NIPC Law

Posted January 9th, 2024 in brexit, EC law, limitations, news, precedent, trade marks by tracey

‘This was an appeal by Intelligent Cleaning Equipment Holdings Co Ltd. (“Intelligent”) and Killis Ltd. (“Killis”) against the order of Her Honour Judge Melissa Clarke of 23 March 2023 granting Industrial Cleaning Equipment (Southampton) Ltd. (“Industrial”) relief against Intelligent and Killis from trade mark infringement and dismissing their counterclaim for the reasons set out in her judgment in Industrial Cleaning Equipment (Southampton) Ltd v Intelligent Cleaning Equipment Holdings Co Ltd [2023] EWHC 411 (IPEC) (27 Feb 2023).’

Full Story

NIPC Law, 4th January 2024

Source: nipclaw.blogspot.com

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.’

Full Story

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.’

Full Story

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”.’

Full Story

Hailsham Chambers, 16th November 2023

Source: www.hailshamchambers.com

Multi-million-pound defective design claim out of time – Mills & Reeve

Posted December 12th, 2023 in construction industry, contracts, limitations, news by sally

‘Here’s our guide to scope of duty and limitation in a wide-ranging judgment handed down by the Technology and Construction Court. The decision in Lendlease Construction (Europe) Limited v Aecom Limited [2023] EWHC 2620 (TCC) provides a helpful review of these issues in the context of construction projects.’

Full Story

Mills & Reeve, 12th December 2023

Source: www.mills-reeve.com

Prince Harry wins latest stage in case against Mail publisher – BBC News

Posted November 13th, 2023 in interception, limitations, news, privacy, royal family, telecommunications by tracey

‘The Duke of Sussex can go ahead with claims against Associated Newspapers of unlawfully obtaining information, as a court ruling opens the way for a trial.’

Full Story

BBC News, 11th November 2023

Source: www.bbc.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.’

Full Story

Henderson Chambers, 5th October 2023

Source: www.hendersonchambers.co.uk

Applicability of Section 33 Limitation Act 1980 to claims brought pursuant to the Fatal Accidents Act 1976 – Old Square Chambers

Posted October 19th, 2023 in cancer, chambers articles, limitations, news, personal injuries by sally

‘In the case of Shaw v Maguire (Re Preliminary Issues) [2023] EWHC 2155 (KB) Master Cook considered the limitation period as a preliminary issue. In doing so, Master Cook considered whether a claimant could utilise Section 33 of the Limitation Act in Fatal Accident Act claims where limitation expired prior to the deceased’s death.’

Full Story

Old Square Chambers, 25th September 2023

Source: oldsquare.co.uk

Experts hit out at 20-page limit on reports in intermediate track – Legal Futures

Posted September 29th, 2023 in civil procedure rules, costs, expert witnesses, limitations, news by tracey

‘Expert witnesses have made a last-minute call to scrap the rule in the new intermediate track for civil claims that limits their reports to 20 pages.’

Full Story

Legal Futures, 29th September 2023

Source: www.legalfutures.co.uk

Limitation periods in international arbitration – OUT-LAW.com

Posted August 31st, 2023 in arbitration, enforcement, limitations, news, treaties by tracey

‘Parties to international arbitration should pay close attention to the applicable limitation periods, particularly where the project involves a potential mix of applicable sources of law.’

Full Story

OUT-LAW.com, 31st August 2023

Source: www.pinsentmasons.com

Supreme Court spells out the limitations of nuisance – 4KBW

‘Georgia Whiting and Chris Bryden of 4 King’s Bench Walk report on a Supreme Court ruling on a major oil spill.’

Full Story

4KBW, 13th July 2023

Source: www.4kbw.co.uk

Umbrella Interchange Fee Proceedings – Blackstone Chambers

Posted August 4th, 2023 in appeals, brexit, chambers articles, competition, EC law, fees, limitations, news, time limits by sally

‘On Wednesday [26 July], the Competition Appeal Tribunal handed down a judgment that is particularly significant for its analysis of the European Union (Withdrawal) Act 2018 (the “2018 Act”) and the scope of retained EU law.’

Full Story

Blackstone Chambers, 28th July 2023

Source: www.blackstonechambers.com

UK Supreme Court limits application of the public sector equality duty overseas – EIN Blog

Posted July 19th, 2023 in appeals, asylum, equality, limitations, news, refugees, Supreme Court by tracey

‘The UK Supreme Court unanimously decided that the public sector equality duty in the Equality Act 2010 does not apply directly to persons outside of the UK. However, the equalities objectives may remain indirectly relevant to decision-makers.’

Full Story

EIN Blog, 18th July 2023

Source: www.ein.org.uk