Limitation and the threshold for article 3/8 investigative claims – UK Police Law Blog

Posted June 12th, 2017 in delay, domestic violence, human rights, judges, limitations, news, time limits by sally

‘Lavender J in MLIA & CLEL v Chief Constable of Hampshire [2017] EWHC 292 (QB) has offered helpful guidance on the application of the limitation defence for human rights claims, in a case which failed to meet the threshold for engaging the investigative duty under Articles 3 and 8 of the Convention.’

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UK Police Law Blog, 11th June 2017

Source: ukpolicelawblog.com

Calling time – Counsel

Posted June 9th, 2017 in company law, courts, jurisdiction, limitations, news, time limits by sally

‘The law on limitation directions – a useful tool for junior litigators attempting to restore companies to the register – has finally been anchored down by the courts. Ben Harding reports on the practical effect.’

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Counsel, June 2017

Source: www.counselmagazine.co.uk

High Court strikes out negligence claim against private client firm – Legal Futures

Posted May 31st, 2017 in law firms, limitations, negligence, news, striking out, trusts by sally

The High Court has struck out a negligence claim against London private client specialists Harcus Sinclair on the grounds that it was statute-barred.

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Legal Futures, 31st May 2017

Source: www.legalfutures.co.uk

What’s in a name? Appeal judges reject pleas of claimant who sued wrong firm – Legal Futures

‘Appeal judges have rejected the pleas of a claimant who, faced by two law firms with similar names set up by the same solicitor, sued the wrong one.’

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Legal Futures, 16th May 2017

Source: www.legalfutures.co.uk

The addition of parties after limitation has expired – Zenith PI

Posted May 9th, 2017 in appeals, law firms, limitations, negligence, news, personal injuries by tracey

‘Godfrey Morgan Solicitors (A Firm) v Michael Arms [2017] EWCA Civ 323. The Appellant firm of solicitors appealed against the decision of a first instance appeal which determined that it had been properly added as a Defendant to a claim for professional negligence despite the prior expiry of the relevant limitation period.’

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Zenith PI, 8th May 2017

Source: www.zenithpi.wordpress.com

Judy Dawson discusses another case involving incorrect Court fees paid and whether this gifts the Defendant a limitation defence – Park Square Barristers

Posted February 17th, 2017 in damages, fees, limitations, news by sally

‘In January 2016 I discussed the case of Lewis v Ward Hadaway [2015] EWCA 3503 (Ch) and the possible avenues for Defendants to counter a practice which was at least perceived to be increasing of Claimant solicitors issuing Claim Forms for values below the actual value of the claim, in order to delay the payment of higher Court Fees.’

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Park Square Barristers, 13th January 2017

Source: www.parksquarebarristers.co.uk

Judge rules human rights claim against council out of time – Local Government Lawyer

Posted January 27th, 2017 in disabled persons, human rights, limitations, local government, news by sally

‘A man who claimed Tameside Metropolitan Borough Council breached his human rights cannot pursue his case because of the length of time taken to launch the action, the High Court has ruled.’

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Local Government Lawyer, 26th January 2017

Source: www.localgovernmentlawyer.co.uk

Paying the Incorrect Court Fee – Some Relief for Claimants – Zenith PI Blog

Posted January 16th, 2017 in courts, fees, limitations, news by sally

‘This is another case in which the court considered a Defendant’s application that a claim was statute barred following the payment of an incorrect court fee on issue. Zenith Chamber’s Gordon Exall acted for the successful Claimant.’

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Zenith PI Blog, 12th January 2017

Source: www.zenithpi.wordpress.com

Judge rejects £1m+ misfeasance in public office claim as statute-barred – Local Government Lawyer

Posted November 17th, 2016 in limitations, local government, misfeasance in public office, news, noise by sally

‘Tunbridge Wells Borough Council has defeated a claim for misfeasance in public office brought in the High Court by the owners of a local joinery business.’

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Local Government Lawyer, 17th November 2016

Source: www.localgovernmentlawyer.co.uk

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

High Court rejects attempt to end case over ‘wrong’ court fee payment – Law Society’s Gazette

Posted October 20th, 2016 in courts, fees, limitations, news by tracey

‘An architect and engineering firm’s application to claim a dispute was invalid because the wrong court fees had been paid and the limitation period had expired has ‘no prospect of success’, the High Court has ruled.’

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Law Society’s Gazette, 19th October 2016

Source: www.lawgazette.co.uk

Out of time and out of luck: extending time for service out of the jurisdiction – Hardwicke Chambers

‘The recent decision of Cox J in Foran v Secret Surgery Ltd and others is a salutary tale emphasising the strict approach of the courts to applications to extend time for service of the claim form. Here, the fact that service had to be effected out of the jurisdiction did not avail the claimant, with the result that her claim was time-barred against three of the four defendants.’

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Hardwicke Chambers, 24th May 2016

Source: www.hardwicke.co.uk

Court confirms that limitation of liability clauses in acquisition documentation will be interpreted strictly – OUT-LAW.com

Posted March 29th, 2016 in accountants, limitations, news, shareholders, time limits, warranties by sally

‘A 20-day time limit within which claims for breaches of warranty as part of a share purchase agreement (SPA) had to be raised only began running once the buyer was aware of the “proper basis for a claim”, the Court of Appeal has ruled.’

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OUT-LAW.com, 29th March 2016

Source: www.out-law.com

Finance and Divorce Update (March 2016) – Family Law Week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during February 2016.’

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Family Law Week, 5th March 2016

Source: www.familylawweek.co.uk

Court of Appeal throws out solar farm challenge brought 14 months after planning permission was granted – OUT-LAW.com

‘A High Court judge should not have overturned planning permission granted to a solar farm in Wiltshire in response to a legal challenge brought 11 months after the three-month limitation period then in force had expired, the Court of Appeal has ruled.’

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OUT-LAW.com, 1st March 2016

Source: www.out-law.com

UK consults on further changes to competition compensation law – OUT-LAW.com

Posted February 1st, 2016 in compensation, competition, consultations, damages, EC law, limitations, news by tracey

‘It will become easier for victims of competition law breaches to claim compensation when the EU Damages Directive comes into force in December.’

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OUT-LAW.com, 29th January 2016

Source: www.out-law.com

Deliberately understating claim value to avoid higher court fees is an ‘abuse of process’, court rules – OUT-LAW.com

Posted January 8th, 2016 in abuse of process, fees, law firms, limitations, negligence, news by tracey

‘It was an “abuse of process” for individuals to deliberately understate the value of their claims against a law firm so that they could avoid paying higher court fees up front and issue their claims within the limitation period, the High Court has ruled.’

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OUT-LAW.com, 7th January 2016

Source: www.out-law.com

High Court finds abuse of process in how law firm sued fellow solicitors – Legal Futures

Posted January 8th, 2016 in abuse of process, fees, law firms, limitations, negligence, news by tracey

‘The High Court has found a Newcastle law firm’s conduct an abuse of process after it repeatedly failed to pay the proper court fees when it issued claims.’

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Legal Futures, 8th January 2016

Source: www.legalfutures.co.uk

Lewis and others v Ward Hadaway (a firm) – WLR Daily

Posted January 6th, 2016 in abuse of process, fees, law firms, law reports, limitations, negligence, solicitors by sally

Lewis and others v Ward Hadaway (a firm) [2015] EWHC 3503 (Ch); [2015] WLR (D) 551

‘In determining whether a party had properly brought a claim before the court so as to stop the clock for limitation purposes, the requirement that the form be accompanied by the “appropriate fee” was not satisfied in circumstances where the act of payment of the fee was in itself an abuse of process. In such circumstances, the claim had not properly been brought and time continued to run for limitation purposes.’

WLR Daily, 21st December 2015

Source: www..iclr.co.uk

Iraqi Civilians v Ministry of Defence (No 2) – WLR Daily

Iraqi Civilians v Ministry of Defence (No 2) [2015] EWCA Civ 1241; [2015] WLR (D) 515

‘The primary limitation period of three years under Iraqi limitation law applied to claims in tort brought in the English High Court by Iraqi civilians in respect of alleged unlawful detention and ill-treatment by British armed forces while those forces were in Iraq between March 2003 and the end of 2008.’

WLR Daily, 9th December 2015

Source: www.iclr.co.uk