When no means no: time limits that cannot be extended, even if non-compliance is outside your control – The 36 Group

Posted November 23rd, 2017 in appeals, landlord & tenant, local government, news, repossession, time limits by sally

‘Harris v London Borough of Hounslow [2017] EWCA Civ 1476 is a warning to all secure tenants that face eviction under the new absolute grounds for possession: you must comply with the 7-day statutory time limit to request a review even, it seems, if you can’t.’

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The 36 Group, 23rd October 2017

Source: 36group.co.uk

The Mandatory Ground of Possession Under Housing Act 1985: Out of Time Reviews – Garden Court Chambers

Posted November 23rd, 2017 in appeals, housing, landlord & tenant, local government, news, repossession, time limits by sally

‘Mr Harris, the appellant, was the secure tenant of Hounslow London Borough Council, the respondent. On 17 November 2015, the police obtained a closure order, under the Anti-Social Behaviour Crime and Policing Act 2014 (ASBCPA 2014), in respect of the property where he lived, following complaints of noise nuisance and visitors loitering, smoking, drinking and using drugs in the stairwell.’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.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.’

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Hardwicke Chambers, 9th November 2017

Source: www.hardwicke.co.uk

Not with a Whisper but a Bang: the new insurance laws in a Professional Indemnity Context – Hailsham Chambers

‘The changes of last August and the impending Enterprise Act 2016 changes for May of next year will transform the way we have to look at insurance contracts generally and, if our insurer clients’ underwriting departments have not substantially rewritten their proposal forms and policy documents, we can anticipate a few years of ongoing law making.’

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Hailsham Chambers, 3rd November 2017

Source: www.hailshamchambers.com

Know your limitation – New Law Journal

Posted November 22nd, 2017 in damages, limitations, negligence, news, statutory interpretation, taxation, time limits by sally

‘A number of hot topics in the professional negligence arena came before Mrs Justice Moulder in the recent case of Halsall and Others v Champion Consulting Limited and Others [2017] EWHC 1079 (QB), [2017] All ER (D) 44 (Jun). The result ultimately turned on the application of s 14A of the Limitation Act 1980 (LA 1980) and the claim, which otherwise would have succeeded, was dismissed as statute barred. But was the decision on limitation correct?’

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New Law Journal, 27th October 2017

Source: www.newlawjournal.co.uk

Graduate in £1m claim was badly let down by Oxford, court told – The Guardian

Posted November 22nd, 2017 in economic loss, legal profession, negligence, news, time limits, universities by sally

‘An Oxford graduate is suing the university for £1m on the grounds that his failure to get a top degree 17 years ago cost him the chance of a lucrative legal career.’

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The Guardian, 21st November 2017

Source: www.theguardian.com

Tax scheme negligence claims fail as time limits began to run before a tribunal decision on a similar scheme, says Court – OUT-LAW.com

Posted November 13th, 2017 in charities, financial advice, HM Revenue & Customs, negligence, news, taxation, time limits by tracey

‘Negligence claims against tax advisers who had given assurances about the effectiveness of tax schemes failed because the claims were not brought within the limitation period.’

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OUT-LAW.com, 10th November 2017

Source: www.out-law.com

Sparks v Biden [2017] EWHC 1994 (Ch) – Tanfield Chambers

Posted October 20th, 2017 in contracts, news, planning, sale of land, time limits by sally

‘A term would be implied into an option agreement, requiring the purchaser/developer of a plot of land to sell the properties that he had newly constructed, within a reasonable period of time, so held the High Court. The clause was necessary as a matter of business efficacy and without it the option agreement lacked commercial coherence. The Court also deemed the clause to be so obvious that it went without saying. (Marks & Spencer PLC v BNP Paribas Securities Services [2015] UKSC 72; [2016] AC 742 considered).’

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Tanfield Chambers, 12th October 2017

Source: www.tanfieldchambers.co.uk

Don’t be late – Hardwicke Chambers

Posted October 20th, 2017 in budgets, civil procedure rules, costs, delay, news, sanctions, time limits by sally

‘Much has been written about the court’s discretion to grant relief from sanctions pursuant to CPR 3.9 over recent years, due to the reformulation of the rule in April 2013 and the landmark Court of Appeal decision in Mitchell MP v News Group Newspapers Ltd [2013]. The strictness of the approach in Mitchell led to an outcry from academics and practitioners, but that has now been allayed by the Court of Appeal in Denton v TH White Ltd [2014].’

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Hardwicke Chambers, 5th October 2017

Source: www.hardwicke.co.uk

Ignore the procurement dispute timetable at your peril – Practical Law: Construction Blog

‘The parties to procurement challenges are required to act quickly and in accordance with a strict timetable. When a losing bidder issues a claim, it must serve the claim form on the defendant within seven days after the date of issue. Pursuant to CPR 7.4(2), the particulars of claim are to be served no later than the latest time for serving the claim form. That is, they must also be served within seven days after the date of issue.’

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Practical Law: Construction Blog, 18th October 2017

Source: constructionblog.practicallaw.com

Is it too late to change your mind if you decided against applying for a parental order when your child was born? – Family Law

Posted October 19th, 2017 in news, parental responsibility, parental rights, surrogacy, time limits by tracey

‘In the case of Re B (Foreign Surrogacy) [2016] EWFC 77, High Court judge Mrs Justice Theis made a parental order in respect of a child born following a surrogacy arrangement in India in 2010 – six years after the usual six month deadline, and notwithstanding that the parents had previously decided against applying.’

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Family Law, 18th October 2017

Source: www.familylaw.co.uk

Peers could be restricted to 15 years in Lords in drive to cut numbers – The Guardian

Posted October 17th, 2017 in news, parliament, peerages & dignities, reports, time limits by tracey

‘New peers could be restricted to sitting in the House of Lords for 15 years, rather than being given life peerages, under plans to slash the numbers in the house.’

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The Guardian, 17th October 2017

Source: www.theguardian.com

Who knows where the time goes? – Practical Law: Construction Blog

Posted October 5th, 2017 in construction industry, contracting out, contracts, damages, delay, news, time limits by tracey

‘Einstein famously said that the distinction between past, present and future is only a stubbornly persistent illusion. The nature of time is not an easy concept to grapple with and I had a similar (albeit not quite so ethereal) experience preparing a recent seminar on the practical effect of the decision in Carillion Construction v Emcor Engineering Services relating to contiguous (or rather non-contiguous) extensions of time.’

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Practical Law: Construction Blog, 2nd October 2017

Source: constructionblog.practicallaw.com

Deadline day dispute after claimant serves in final moments – Law Society’s Gazette

Posted September 13th, 2017 in civil procedure rules, documents, news, service, time limits by tracey

‘The High Court has made yet another attempt to clarify rules around service of claim after a dispute over deadlines in a personal injury case.’

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Law Society's Gazette, 13th September 2017

Source: www.lawgazette.co.uk

Who Knows Where the Time Goes? The Recent Decision on Limitation and Contingent Loss in Osborne v. Follett Stock [2017] EWHC 1811 – 4 New Square

‘On Thursday 13 July 2017, following the trial of a preliminary issue of limitation, HH Judge Paul Matthews handed down judgment in Osborne v. (1) Follett Stock (a firm); (2) Follett Stock LLP.’

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4 New Square, 19th July 2017

Source: www.4newsquare.com

Financial ombudsman gearing up for more complaints ahead of PPI deadline – OUT-LAW.com

Posted August 21st, 2017 in complaints, financial regulation, insurance, news, ombudsmen, time limits by sally

‘The Financial Ombudsman Service (FOS) is anticipating a “significant increase in demand” for its services in the run-up to the August 2019 deadline for complaints about potentially mis-sold payment protection insurance (PPI)’

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OUT-LAW.com, 17th August 2017

Source: www.out-law.com

UK judges rule DWP wrong to deny appeals over refused benefits – The Guardian

‘The Department for Work and Pensions has been unlawfully stopping people going to tribunal to appeal against decisions to refuse them benefits, three senior judges have ruled.’

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The Guardian, 4th August 2017

Source: www.theguardian.com

Court of Appeal overturns ruling in favour of claimant that accepted part 36 offer late – Litigation Futures

‘Uncertainty regarding a claimant’s prognosis is part of the usual risk of personal injury litigation and not enough to justify disapplying the usual consequences of accepting a part 36 offer out of time, the Court of Appeal has ruled.’

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Litigation Futures, 26th July 2017

Source: www.litigationfutures.com

Grenfell judge bows to pressure to extend inquiry consultation period for survivors – Daily Telegraph

Posted July 12th, 2017 in consultations, fire, inquiries, judges, news, time limits by sally

‘The judge presiding over the Grenfell Tower fire inquiry had bowed to pressure from campaigners to extend the consultation period for the families involved.’

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Daily Telegraph, 12th July 2017

Source: www.telegraph.co.uk

Hegarty v University Hospitals NHS Foundation Trust – Old Square Chambers

‘There is an interesting QBD case on Lawtel this morning illustrating the difficulties in clinical negligence cases for claimants wishing to sue under the Human Rights Act 1998 (HRA). It is important to remember that at present only the Lawtel case summary is available.’

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Old Square Chambers, 27th June 2017

Source: www.oldsquare.co.uk