A not so short assured shorthold tenancy – Tanfield Chambers
‘The ground rent scandal can give rise to accidental ASTs with unexpected consequences.’
Tanfield Chambers, 18th October 2018
Source: www.tanfieldchambers.co.uk
Category: limitations
Stay of proceedings before serving a claim form – 4 New Square
‘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.’
4 New Square, 23rd October 2018
Source: www.4newsquare.com
Four Fundamentals of Limitation Periods in Contract and Tort Claims – 4 New Square
‘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.’
4 New Square, 25th October 2018
Source: www.4newsquare.com
Government agrees to limit delegation of judicial powers – Litigation Futures
‘The government has introduced restrictions on what judicial tasks can be delegated to court staff under legislation currently going through Parliament.’
Litigation Futures, 29th October 2018
Source: www.litigationfutures.com
‘Common sense prevails’ when work began before contract finalised – OUT-LAW.com
‘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.’
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.’
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.’
Litigation Futures, 22nd October 2018
Source: www.litigationfutures.com
Ointment for a sting: Arcadis Consulting v AMEC – Practical Law: Construction Blog
‘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.’
Practical Law: Construction Blog, 12th October 2018
Mau Mau action with 40,000 claimants in doubt after CA refuses permission to appeal test case – Litigation Futures
‘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.’
Litigation Futures, 10th October 2018
Source: www.litigationfutures.com
High Court dismisses first test case in second wave of Mau Mau claims – Litigation Futures
‘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.’
Litigation Futures, 10th August 2018
Source: www.litigationfutures.com
The Mau Mau litigation: fear is not a personal injury – UK Human Rights Blog
‘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.’
UK Human Rights Blog, 7th August 2018
Source: ukhumanrightsblog.com
Claim against law firm within limitation period despite “unconnected” abuse of process – Litigation Futures
‘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.’
Litigation Futures, 11th July 2018
Source: www.litigationfutures.com
Court finds abuse of process did not affect limitation period – Law Society’s Gazette
‘The High Court has decided not to strike out a claim where an incorrect fee was paid days before the limitation period ended.’
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.’
OUT-LAW.com, 23rd March 2018
Source: www.out-law.com
Domestic violence victims will have legal aid limitations eased, say Ministry of Justice – The Independent
‘The Ministry of Justice announced changes to give more support to those taking abusive former partners to court in family proceedings.’
The Independent, 4th December 2017
Source: www.independent.co.uk
Reasonable Belief in Adverse Possession – 14 Years Later – Hardwicke Chambers
‘The doctrine of adverse possession arises from the Limitation Act 1980. Section 15(1) provides that no action shall be brought by any person to recover any land after the expiration of 12 years from the date on which the right of action accrued. Sections 1-7 provide that at the expiration of the period of 12 years the title of the paper owner is extinguished. The claim of a person to a possessory title was therefore based on the negative effect of the extinguishment of the paper owner’s title, and the basic principle that what is required for a case in trespass is not ownership, but possession or a right to possession.’
Hardwicke Chambers, 9th November 2017
Source: www.hardwicke.co.uk
Reasonable Belief in Adverse Possession – 14 Years Later – Hardwicke Chambers
‘The doctrine of adverse possession arises from the Limitation Act 1980. Section 15(1) provides that no action shall be brought by any person to recover any land after the expiration of 12 years from the date on which the right of action accrued. Sections 1-7 provide that at the expiration of the period of 12 years the title of the paper owner is extinguished. The claim of a person to a possessory title was therefore based on the negative effect of the extinguishment of the paper owner’s title, and the basic principle that what is required for a case in trespass is not ownership, but possession or a right to possession.’
Hardwicke Chambers, 9th November 2017
Source: www.hardwicke.co.uk
