‘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.’
OUT-LAW.com, 26th March 2019
Source: www.out-law.com
‘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.’
Competition Bulletin from Blackstone Chambers, 19th February 2019
Source: competitionbulletin.com
‘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.’
OUT-LAW.com, 12th February 2019
Source: www.out-law.com
‘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.’
Daily Telegraph, 11th February 2019
Source: www.telegraph.co.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.’
Law Pod UK, 21st January 2019
Source: audioboom.com
‘A recent UK Supreme Court decision on the common law meaning of ‘highway’ will have significant implications for property developers, an expert has said.’
OUT-LAW.com, 11th January 2018
Source: www.out-law.com
‘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.’
The Guardian, 8th January 2019
Source: www.theguardian.com
‘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.’
Litigation Futures, 17th December 2018
Source: www.litigationfutures.com
‘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.’
Cloisters, 7th November 2018
Source: www.cloisters.com
‘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.’
UK Human Rights Blog, 27th November 2018
Source: ukhumanrightsblog.com
‘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.’
Litigation Futures, 22nd November 2018
Source: www.litigationfutures.com
‘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.’
The Independent, 14th November 2018
Source: www.independent.co.uk
‘The ground rent scandal can give rise to accidental ASTs with unexpected consequences.’
Tanfield Chambers, 18th October 2018
Source: www.tanfieldchambers.co.uk
‘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 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
‘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
‘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
‘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 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
‘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
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