Court of Appeal interprets liability cap in a new home warranty – Practical Law Construction Blog

‘On 5 December 2019, the Court of Appeal handed down its judgment in Manchikalapati and others v Zurich Insurance plc and East West Insurance Company Ltd. The underlying case concerned a large block of flats in Manchester that were seriously defective.’

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Practical Law Construction Blog, 22nd January 2020

Source: constructionblog.practicallaw.com

SRA presses ahead with plan to cut compensation awards – Legal Futures

‘The Solicitors Regulation Authority (SRA) is pressing on with plans to cut the upper limit for Compensation Fund awards from £2m to £500,000, while modifying other proposals to reduce the cost of the scheme.’

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Legal Futures, 22nd January 2020

Source: www.legalfutures.co.uk

Liquidator’s firm liable for opponent’s costs after funding litigation – OUT-LAW.com

Posted January 13th, 2020 in company directors, costs, insolvency, limitations, liquidators, news, third parties by tracey

‘The High Court has characterised a liquidator’s firm as a real party to the litigation which it funded as it stood to make financial gain from the action and was therefore found not to be a pure funder facilitating access to justice.’

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OUT-LAW.com, 10th January 2020

Source: www.pinsentmasons.com

Employment and Discrimination Newsletter – January 2020 – 3PB

‘Craig Ludlow edits 3PB’s latest Employment & Discrimination newsletter, including contributions from Andrew MacPhail and Daniel Brown.’

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3PB, 6th January 2020

Source: www.3pb.co.uk

“Minor error” dooms senior clerk’s unfair dismissal claim – Legal Futures

Posted January 7th, 2020 in barristers' clerks, limitations, news, unfair dismissal by sally

‘A senior clerk at a London barristers’ chambers cannot bring an unfair dismissal claim because of a “minor error” meaning that it was out of time.’

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Legal Futures, 7th January 2020

Source: www.legalfutures.co.uk

All in a Day’s Work: Salary caps in the cross-hairs of UK and EU sports regulation – Sports Law Bulletin from Blackstone Chambers

Posted December 3rd, 2019 in competition, disclosure, fines, limitations, news, remuneration, sport by tracey

‘The past couple of weeks have seen a major ruckus run through the world of Rugby Union, raising questions about the financial aspects of the game and how to ensure fair competition.’

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Sports Law Bulletin from Blackstone Chambers, 2nd December 2019

Source: www.sportslawbulletin.org

Gliding Club’s successful challenge to approval of a residential barn conversion under the GPDO may have potentially significant implications under the Human Rights Act – Landmark Chambers

Posted November 20th, 2019 in limitations, local government, news, notification, planning, reasons by sally

‘In a judgment handed down yesterday by Mr Justice Swift, Coventry Gliding Club were successful in their judicial review challenge to Harborough District Council’s grant of prior approval for a residential barn conversion next to their airfield. The change of use of the barn to a dwelling is permitted development under Class Q of Part 3 of Schedule 2 to the General Permitted Development Order but this is subject to an application for prior approval under paragraph W of that Schedule.’

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Landmark Chambers, 14th November 2019

Source: www.landmarkchambers.co.uk

Secret Commissions: Wood v Commercial First Business – Case Analysis – Forum Chambers

Posted November 20th, 2019 in agency, disclosure, fees, forgery, limitations, loans, mortgages, news, rescission by sally

‘This note is essential reading for mortgage providers, brokers and any practitioners with a practice or interest in civil fraud as the case constitutes perhaps the most detailed review of the law on secret commissions to date. In particular, it addresses the distinction between full secret commissions and so-called half-secret commissions where there is a partial disclosure. It clarifies the law in the area and solidifies the basis for a broker being held liable where a commission is only partially disclosed.’

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Forum Chambers, 12th November 2019

Source: www.forumchambers.com

Can You Keep A Half Secret? (Wood v Commercial First) – New Square Chambers

Posted November 19th, 2019 in agency, disclosure, fees, forgery, limitations, loans, mortgages, news, rescission by sally

‘The dispute centred around a mortgage broker receiving both a fee from the borrower and a commission from the lender. Mrs Wood obtained two mortgages and a further advance secured over her two farms from Commercial First Business Limited (“CF”), a provider of unregulated secured loans to commercial borrowers. CF only accepted applications via brokers. UK Mortgage and Financial Services Limited (“UKMFS”) acted as broker for Mrs Wood on all three transactions, receiving commissions of £30,600, £57,092.80 and £5,234.22 respectively. CF entered into securitisation agreements assigning the loans to various assignees prior to entering CVL.’

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New Square Chambers, 5th November 2019

Source: www.newsquarechambers.co.uk

Gliding club win legal challenge over prior approval for barn conversion – Local Government Lawyer

Posted November 19th, 2019 in limitations, local government, news, notification, planning, reasons by sally

‘A long-established gliding club has won a Planning Court challenge over Harborough District Council’s decision to grant prior approval for a barn conversion on a site next to its airfield.’

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Local Government Lawyer, 18th November 2019

Source: www.localgovernmentlawyer.co.uk

Bath Hill Court v Coletta [2019] EWCA CIV 1707 – Old Square Chambers

‘In an important decision, the Court of Appeal in Bath Hill Court v Coletta has held that, in an unauthorised deduction of wages claim for non payment of the national minimum wage in the ET, there is no backstop on the recovery of deductions, enabling Mr Coletta to claim 15 years’ worth of losses.’

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Old Square Chambers, 17th October 2019

Source: www.oldsquare.co.uk

Permission to appeal out of time – the strict approach – Nearly Legal

Posted October 29th, 2019 in homelessness, housing, limitations, news by tracey

‘Emambee v London Borough of Islington (2019) EWHC 2835 (QB). We saw what seemed like a rather harsh refusal on permission to bring a s.204 Housing Act 1996 homelessness appeal out of time in London Borough of Hamlets v Al Ahmed (2019) EWHC 749 (QB) (our note). Here is another one which seems to take a strict view, both on when the s.202 review decision was received, and on delay to obtain legal representation.’

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Nearly Legal , 27th october 2019

Source: nearlylegal.co.uk

News ‘Perverse’ MoD legal reforms will harm troops’ rights, warn lawyers – Law Society’s Gazette

‘Legal experts have warned that the government’s plans to restrict claims against the Ministry of Defence are also framed to stop service personnel seeking justice for mistreatment.’

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Law Society's Gazette, 14th October 2019

Source: www.lawgazette.co.uk

Unlicensed HMO and date of offence – Nearly Legal

‘Luton Borough Council v Altavon Luton Ltd & Ors (2019) EWHC 2415 (Admin). An appeal by way of case stated from a DJ’s decision at Luton Magistrates. The sole issue was whether the informations in the case had been laid within 6 months “from the time when the offence was committed, or the matter of complaint arose.” (Section 127 of the Magistrates’ Court Act 1980.)’

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Nearly Legal, 6th October 2019

Source: nearlylegal.co.uk

Rent Repayment Orders, limitation and award periods – Nearly Legal

Posted October 2nd, 2019 in limitations, news, rent, repayment by sally

‘This is worth a quick note from some comments and questions I have received after this post on a Rent Repayment Order (RRO). The issue is about the meaning of the requirement that an application for an RRO is brought within 12 months of a relevant offence.’

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Nearly Legal, 30th September 2019

Source: nearlylegal.co.uk

Abuse inquiry calls for changes to civil justice system – Litigation Futures

‘Codes of practice for defendants responding to civil claims of child sexual abuse and a review of the law of limitation are among the ideas to deliver redress to victims put forward in a major report.’

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Litigation Futures, 23rd September 2019

Source: www.litigationfutures.com

MPs call for 10-year limit on prosecution of soldiers – The Guardian

‘A 10-year “qualified statute of limitations” should be introduced to protect veterans and serving armed forces personnel from reinvestigation for alleged crimes, MPs have said.’

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The Guardian, 22nd July 2019

Source: www.theguardian.com

All is fair in love and law: Is there a duty to inform the opposing party of its mistakes? – No. 5 Chambers

Posted July 3rd, 2019 in civil procedure rules, limitations, mistake, news, service, solicitors by sally

‘The recent decision of the Court of Appeal in Woodward v Phoenix Healthcare Distribution Ltd [2019] EWCA Civ 985 provides an important clarification as to whether lawyers have a duty to inform the opposing party of their mistakes when conducting litigation.’

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No. 5 Chambers, 20th June 2019

Source: www.no5.com

Seeking a secret inquest? A lesson in how NOT to go about asking for reporting restrictions – UK Human Rights Blog

‘When seeking any order it always helps to make the right application, to the right court, following the right procedure. Although when it does go horribly wrong it at least provides valuable learning for the rest of us.’

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UK Human Rights Blog, 1st July 2019

Source: ukhumanrightsblog.com

Court of Appeal hits out at “hugely burdensome” routine requests for clarification of judgments in care cases – Local Government Lawyer

Posted May 30th, 2019 in appeals, care orders, children, interpretation, judges, judgments, limitations, news by tracey

‘The Court of Appeal has issued a reminder to practitioners that receiving a judge’s draft judgment in care cases is “not an ‘invitation to treat’, nor is it an opportunity to critique the judgment or to enter into negotiations with the judge as to the outcome or to reargue the case in an attempt to water down unpalatable findings”.’

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Local Government Lawyer, 29th May 2019

Source: www.localgovernmentlawyer.co.uk