Claim over solicitors’ negligence fails to establish loss of chance – Legal Futures

‘A married couple has largely failed in a claim of negligence against a firm of solicitors which had admitted that it failed to advise properly on a separate negligence case against another law firm.’

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Legal Futures, 29th April 2019

Source: www.legalfutures.co.uk

Fixed fees can apply to claim which settled for £42k, court rules – Law Society’s Gazette

‘The courts have made clear they will be prepared to apply fixed costs to cases which have long since breached the £25,000 limit. Two judgments that have emerged over the past week show examples of judges considering fixed recoverable costs where the personal injury claims had exited the pre-action protocol.’

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Law Society's Gazette, 24th April 2019

Source: www.lawgazette.co.uk

High court suspends Home Office policy limiting support for slavery victims – The Guardian

‘A high court judge has suspended a Home Office policy that cuts off after six weeks all statutory support to slavery victims in the UK, ruling that it risks causing “irreparable harm to very vulnerable individuals”.’

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The Guardian, 17th April 2019

Source: www.theguardian.com

Prisoners Sentenced Under Now Abolished IPP Law ‘Give Up Hope Of Release’ – Rights Info

Posted April 12th, 2019 in imprisonment, limitations, mental health, news, parole, public interest, statistics by sally

‘Prisoners who were sentenced under the imprisonment for public protection (IPP) sentence are facing increasing mental health issues and a loss of trust in the justice system as they remain imprisoned without a set release date.’

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Rights Info, 11th April 2019

Source: rightsinfo.org

Windrush scandal: ‘No cap’ on compensation claims – BBC News

‘There is “no limit” to the amount of money that could be paid out to victims of the Windrush scandal, the home secretary has said.’

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BBC News, 3rd April 2019

Source: www.bbc.co.uk

Court: time and day can impact limitation period – OUT-LAW.com

Posted March 27th, 2019 in appeals, limitations, news, shareholders, time limits by sally

‘The time of day that a cause of action accrues can alter the date on which the limitation period for raising a claim against that action expires, the Court of Appeal has suggested.’

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OUT-LAW.com, 26th March 2019

Source: www.out-law.com

Retrospective interpretation: DSG v MasterCard – Competition Bulletin from Blackstone Chambers

Posted February 20th, 2019 in competition, EC law, limitations, news, tribunals by sally

‘The latest battle over limitation in Competition damages claims was a victory for the claimants – see DSG Retail Ltd v MasterCard Inc [2019] CAT 5. In some ways it is a surprising decision, because the Competition Appeal Tribunal has decided that when s.47A of the Competition Act was enacted in 2003, certain claims which were time-barred prior to its enactment were revived. The Tribunal frankly acknowledged that it did not find the matter straightforward, and looking at the rules it is easy to see why.’

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Competition Bulletin from Blackstone Chambers, 19th February 2019

Source: competitionbulletin.com

Court of Appeal reinforces strict six-week planning challenge time limit – OUT-LAW.com

Posted February 14th, 2019 in appeals, limitations, news, planning, time limits by sally

‘The Court of Appeal has refused to extend the six-week statutory time limit for challenging a planning inspector’s decision, in a case where the individual had been prevented from filing on the day of the deadline.’

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OUT-LAW.com, 12th February 2019

Source: www.out-law.com

Medical tribunal into Dr Richard Freeman case in danger of not being completed this year – Daily Telegraph

Posted February 12th, 2019 in doctors, drug abuse, limitations, news, sport, tribunals by tracey

‘Dr Richard Freeman’s medical tribunal is in serious danger of not being completed this year, Telegraph Sport understands. It raises the possibility that evidence arising from the hearing might fall outside the statute of limitations for UK Anti-Doping to act upon. Or that Team Sky might be sold or quit the sport before the case is heard.’

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Daily Telegraph, 11th February 2019

Source: www.telegraph.co.uk

Ep. 62: Court claims from the empire’s long shadow – Law Pod UK

‘Last year the High Court ruled out claims against the British Government brought by people caught up in the Mau Mau emergency in Kenya in the 1950s. The allegations of brutality against guards employed by the Colonial Office were time-barred by the half-century that has elapsed since the events took place. Guy Mansfield QC represented the Foreign Office in this litigation and discusses the importance of the Limitation Act with Rosalind English.’

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Law Pod UK, 21st January 2019

Source: audioboom.com

More flexibility, but potentially more disputes, after UK highways case – OUT-LAW.com

Posted January 14th, 2019 in appeals, interpretation, limitations, news, roads, Supreme Court by tracey

‘A recent UK Supreme Court decision on the common law meaning of ‘highway’ will have significant implications for property developers, an expert has said.’

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OUT-LAW.com, 11th January 2018

Source: www.out-law.com

Limit prosecutions of army veterans, says top human rights lawyer

Posted January 9th, 2019 in armed forces, limitations, news, prosecutions by sally

‘A statute of limitations could be used to prevent prosecution of military veterans for less serious historical offences, a leading human rights lawyer has suggested.’

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The Guardian, 8th January 2019

Source: www.theguardian.com

Capped costs pilot for cases worth up to £250k to launch next month – Litigation Futures

Posted December 17th, 2018 in case management, costs, costs capping orders, limitations, news, pilot schemes by sally

‘A pilot scheme introducing capped costs of £80,000 for High Court cases worth up to £250,000 – as recommended by Sir Rupert Jackson last year – is set to be introduced next month.’

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Litigation Futures, 17th December 2018

Source: www.litigationfutures.com

Judgment handed down in the case of O’Brien v Ministry of Justice – Cloisters

‘The case concerns discrimination against part-time judges in the calculation of pensions. The issue is whether periods of service as a part-time judge prior the coming into effect of Part Time Workers Directive (97/81/EC) should be taken into account in calculating the amount of pension to be paid upon retirement.’

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Cloisters, 7th November 2018

Source: www.cloisters.com

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

‘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