The limits of doctors’ liability for wrongful birth – UK Human Rights Blog

Posted November 27th, 2018 in appeals, autism, birth, children, disabled persons, doctors, limitations, negligence, news, pregnancy by tracey

‘Khan v MNX [2017] EWHC 2990 (QB). The Court of Appeal has held that a mother who consults a doctor in order to avoid the birth of a child with one disability may not recover damages for the costs associated with a different disability.’

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UK Human Rights Blog, 27th November 2018

Source: ukhumanrightsblog.com

High Court pulls plug on CFA-backed Kenya group action – Litigation Futures

Posted November 22nd, 2018 in armed forces, class actions, colonies, fees, Kenya, limitations, news, rape, torture by tracey

‘The High Court yesterday dismissed the group litigation brought on behalf of more than 40,000 claimants in the so-called Mau Mau case, after six years of work done by lawyers operating on a “no win, no fee” basis.’

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Litigation Futures, 22nd November 2018

Source: www.litigationfutures.com

Theresa May forced into embarrassing climbdown on fixed-odds betting terminals – The Independent

Posted November 15th, 2018 in bills, gambling, limitations, news by tracey

‘Theresa May has been forced into an embarrassing climbdown as ministers announced they would bring forward curbs to tackle highly addictive fixed-odd betting terminals in the face of considerable opposition from MPs and campaigners.’

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The Independent, 14th November 2018

Source: www.independent.co.uk

A not so short assured shorthold tenancy – Tanfield Chambers

Posted November 5th, 2018 in housing, landlord & tenant, leases, limitations, news, rent by sally

‘The ground rent scandal can give rise to accidental ASTs with unexpected consequences.’

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Tanfield Chambers, 18th October 2018

Source: www.tanfieldchambers.co.uk

Stay of proceedings before serving a claim form – 4 New Square

Posted November 2nd, 2018 in limitations, news, service, stay of proceedings, time limits by sally

‘Noting the recent Court of Appeal decision in Grant v Dawn Meats (UK), Stephen Innes and Hannah Daly of 4 New Square consider the options open to Claimants.’

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4 New Square, 23rd October 2018

Source: www.4newsquare.com

Four Fundamentals of Limitation Periods in Contract and Tort Claims – 4 New Square

Posted November 2nd, 2018 in contracts, limitations, news, personal injuries by sally

‘Four key points for the limitation period for contract and tort claims. Limitation is fiendishly complex – these are some fundamentals for an ‘all-or-nothing’ defence affecting every claim.’

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4 New Square, 25th October 2018

Source: www.4newsquare.com

Government agrees to limit delegation of judicial powers – Litigation Futures

Posted October 30th, 2018 in bills, courts, judiciary, limitations, news by sally

‘The government has introduced restrictions on what judicial tasks can be delegated to court staff under legislation currently going through Parliament.’

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Litigation Futures, 29th October 2018

Source: www.litigationfutures.com

‘Common sense prevails’ when work began before contract finalised – OUT-LAW.com

Posted October 23rd, 2018 in appeals, construction industry, contracting out, contracts, limitations, news by sally

‘The Court of Appeal has upheld a limitation of liability clause negotiated between the parties on a defective construction project, when work began before the parties formalised those terms.’

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OUT-LAW.com, 23rd October 2018

Source: www.out-law.com

Civil Liability Bill “undermines Lord Chancellor’s oath of office” – Legal Futures

‘The Civil Liability Bill seriously undermines the oath sworn by Lord Chancellor David Gauke to defend the independence of the judiciary, claimant lawyers have argued as the bill near the end of its parliamentary journey.’

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Legal Futures, 23rd October 2018

Source: www.legalfutures.co.uk

Impecunious credit hire claimants ordered to provide pre-action disclosure – Litigation Futures

‘Impecunious road traffic accident claimants who benefit from the rule allowing them to claim full credit hire costs must provide pre-action disclosure of financial records, a circuit judge has ruled.’

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Litigation Futures, 22nd October 2018

Source: www.litigationfutures.com

Ointment for a sting: Arcadis Consulting v AMEC – Practical Law: Construction Blog

Posted October 15th, 2018 in appeals, construction industry, contracting out, contracts, limitations, news by tracey

‘The Court of Appeal has come to the aid of Arcadis Consulting (UK) Ltd by overturning Coulson J’s judgment in ​Arcadis Consulting (UK) Ltd v AMEC (BSC) Ltd – a case described by the judge as one “with something of a sting in its tail”. The sting in question was Coulson J’s finding that a contract between Arcadis and AMEC did not incorporate any term that limited Arcadis’ liability. As a result, Arcadis faced a potential loss of £40 million.’

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Practical Law: Construction Blog, 12th October 2018

Source: constructionblog.practicallaw.com

Mau Mau action with 40,000 claimants in doubt after CA refuses permission to appeal test case – Litigation Futures

Posted October 12th, 2018 in appeals, class actions, colonies, Kenya, limitations, news, personal injuries, torture by sally

‘The future of litigation being brought on behalf of more than 40,000 claimants in the so-called Mau Mau case is in doubt after the Court of Appeal refused permission to hear an appeal against a decision to dismiss the first test case.’

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Litigation Futures, 10th October 2018

Source: www.litigationfutures.com

High Court dismisses first test case in second wave of Mau Mau claims – Litigation Futures

Posted August 13th, 2018 in colonies, delay, Kenya, limitations, news, personal injuries, torture by sally

‘The High Court has dismissed the first test case brought as part of a second wave of Mau Mau group litigation, following the British government’s settlement of over 5,000 claims for £19.9m in 2013.’

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Litigation Futures, 10th August 2018

Source: www.litigationfutures.com

The Mau Mau litigation: fear is not a personal injury – UK Human Rights Blog

Posted August 8th, 2018 in colonies, Kenya, limitations, news, personal injuries, torture by tracey

‘Kimathi & Ors v Foreign and Commonwealth Office [2018] EWHC 1305 (QB). Stewart J has recently dismissed the first test case in this group litigation, in which over 40,000 Kenyans bring claims for damages against the UK Foreign & Commonwealth Office, alleging abuse during the Kenyan Emergency of the 1950s and early 1960s, in Kimathi & Others v The Foreign and Commonwealth Office [2018] EWHC 2066 (QB). Jo Moore discusses this in her blog post of 6 August 2018.

Earlier this year however he considered, as a preliminary matter, whether fear, caused either by the tort of negligence or trespass, amounts to personal injury so that the Court has the discretionary power to exclude the 3-year limitation period which arises under section 11 of the 1980 Act. Stewart J concluded that “despite the comprehensive and innovative submissions of the Claimants” (para 37), which included arguments on human rights grounds, fear did not amount to a personal injury.’

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UK Human Rights Blog, 7th August 2018

Source: ukhumanrightsblog.com

Claim against law firm within limitation period despite “unconnected” abuse of process – Litigation Futures

Posted July 12th, 2018 in abuse of process, law firms, limitations, negligence, news by sally

‘A professional negligence claim was brought within the limitation period despite an “unconnected” abuse of process over the court fee paid, the High Court has held.’

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Litigation Futures, 11th July 2018

Source: www.litigationfutures.com

Court finds abuse of process did not affect limitation period – Law Society’s Gazette

Posted July 10th, 2018 in abuse of process, limitations, news, striking out, time limits by sally

‘The High Court has decided not to strike out a claim where an incorrect fee was paid days before the limitation period ended.’

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Law Society's Gazette, 10th July 2018

Source: www.lawgazette.co.uk

Supreme Court: use of corporate vehicles did not avoid limitation exception – OUT-LAW.com

‘Company directors were said to be responsible for assets despite their use of corporate vehicles, the Supreme Court has ruled (12-page / 157KB PDF). The ruling means that a six year limitation period stopping liquidators taking legal action against the directors does not apply. This case will impact future misfeasance actions. Director and officer indemnity insurers should take note of this decision as it confirms that the English courts are unwilling to accept the six-year limitation defence for actions against directors following the disposal of company assets in breach of fiduciary duty for economic gain.’

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OUT-LAW.com, 23rd March 2018

Source: www.out-law.com

Exclusive: “The impact has been devastating but I have to stand up to discrimination,” says barrister suing BSB – Legal Futures

‘The barrister who won the first stage of her battle with the Bar Standards Board (BSB) at the Supreme Court last week said the impact of almost five years of litigation had been “completely devastating” for her law firm.’

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Legal Futures, 13th December 2017

Source: www.legalfutures.co.uk

Time Limits under the Human Rights Act 1998: what is a “course of conduct”? – Cloisters

‘Anna Beale discusses the Supreme Court’s interpretation of the time limit provisions contained in the Human Rights Act 1998 in O’Connor v Bar Standards Board [2017] UKSC 78.’

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Cloisters, 7th December 2017

Source: www.cloisters.com

Supreme Court rules on time limitation for claims under the Human Rights Act – UK Human Rights Blog

‘The Supreme Court has ruled that a barrister’s claim against the Bar Standards Board for discrimination should not be time barred under the one year limit prescribed by the Human Rights Act. In her case, the Court said, the time limit for bringing proceedings only started running when she successfully appealed against disciplinary action taken against her. The decision to bring disciplinary proceedings and the subsequent hearings were part of a single process, not a series of disparate acts which set the time limitation period running.’

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UK Human Rights Blog, 6th December 2017

Source: ukhumanrightsblog.com