Limitation period for a tortious claim: when does it end? – Practical Law: Construction Blog

Posted April 12th, 2021 in construction industry, contracts, damages, limitations, negligence, news, time limits by tracey

‘Some breaches of contract do not become apparent until many years have passed. This is especially true where the result is a defect. Recently, our colleague Charlotte Mears blogged on limitation periods under contract. But what happens after the limitation period under a contract has expired? This blog explores the extent to which an answer lies in tort focusing on the tort of negligence.’

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Practical Law: Construction Blog , 7th April 2021

Source: constructionblog.practicallaw.com

Limitation periods for breach of contract claims: where to begin? – Practical Law: Construction Blog

Posted March 29th, 2021 in construction industry, contracts, limitations, news, time limits by tracey

‘On the face of it, the law of limitation seems fairly straightforward. The law in England and Wales specifies that anyone bringing a breach of contract claim has six years from the date of the breach in which to do so. This period is extended to 12 years from the breach of contract if the contract has been executed as a deed. But what happens when a provision such as the one below is added into the mix? Does this work to extend the limitation period? If not, what exactly does this provision, which I’ll refer to as the Proposed Clause, mean?’

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Practical Law: Construction Blog, 23rd March 2021

Source: constructionblog.practicallaw.com

Fiona de Londras: Six-Monthly Votes on the Coronavirus Act 2020: A Meaningful Mode of Review? – UK Constitutional Law Association

Posted March 25th, 2021 in coronavirus, emergency powers, news, parliament, regulations, reports, time limits by sally

‘A year since the Coronavirus Act 2020 received Royal Assent, Parliament will today (25 March 2021) once more debate the Coronavirus Act 2020 and its effects, effectiveness, and continuation. The Coronavirus Act 2020 is a touchpoint in the legal and regulatory response to the pandemic.’

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UK Constitutional Law Association, 25th March 2021

Source: ukconstitutionallaw.org

Vicarious liability for rape: Barry Congregation of JWs – Law & Religion UK

‘In Barry Congregation of Jehovah’s Witnesses v BXB [2021] EWCA Civ 356, Mrs B and her husband had attended the Kingdom Hall in Barry and in 1986 Mrs B was baptised as a Jehovah’s Witness. They became friendly with another couple, Mark and Mary Sewell. Mark Sewell was a ministerial servant and subsequently became an elder. On 30 April 1990, Sewell raped Mrs B in a room in his house – and that fact was undisputed. In 2014, Sewell was convicted of raping Mrs B and of indecently assaulting a girl aged under 14, CXC, and another individual and sentenced to 14 years’ imprisonment. Mrs B sued the Watch Tower Bible and Tract Society of Pennsylvania and the Trustees of the Barry Congregation and, at first instance, Chamberlain J held them vicariously liable for her rape. (He also determined that it was equitable to extend the time to allow the claims to proceed, pursuant to s.33 Limitation Act 1980). He awarded Mrs B £62,000 for psychiatric injuries attributable to the rape. On appeal, the defendants disputed.’

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Law & Religion UK, 24th March 2021

Source: lawandreligionuk.com

Councils to be given greater flexibility in reforms to use of Right to Buy receipts – Local Government Lawyer

Posted March 23rd, 2021 in housing, local government, news, right to buy, time limits by sally

‘Councils in England are to be given more freedom on how they spend the money received from homes sold through Right to Buy, Housing Secretary Robert Jenrick has said.’

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Local Government Lawyer, 22nd March 2021

Source: www.localgovernmentlawyer.co.uk

Late s.202 reviews and what gets appealed – Nearly Legal

Posted March 22nd, 2021 in appeals, homelessness, housing, local government, news, time limits by tracey

‘Ngnoguem v Milton Keynes Council (2020] EWCA Civ 396, We’ve seen this prefigured in Stanley v Welwyn Hatfield Borough Council (2020) EWCA Civ 1458 (our note), but the relevant parts of that judgment on late reviews were strictly obiter, as the court had found that there was an agreement to extend time. Now the Court of Appeal has confirmed the position.’

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Nearly Legal, 21st March 2021

Source: nearlylegal.co.uk

Imprisonment for Public Protection jail terms ‘a death sentence’ – BBC News

‘Karl Maroni, 33, has spent all his adult life in jail.’

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BBC News, 19th March 2021

Source: www.bbc.co.uk

Third of remand prisoners in England being held beyond legal time limit for trials – The Guardian

Posted March 18th, 2021 in coronavirus, criminal justice, delay, detention, news, remand, time limits by sally

‘More than 3,600 people – almost a third of England’s remand prison population – have been held beyond the legal time limit awaiting trials as the pandemic wreaks havoc on the legal process.’

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The Guardian, 17th March 2021

Source: www.theguardian.com

Barder: Where are we now? – Family Law

‘Few would have thought back on 1 March 2020 that we would, some 12 months later, be facing the first birthday of the strictest restrictions on personal freedoms in living memory. As we approach the anniversary of the first lockdown on 23 March 2020, it seems appropriate that we reconsider one of key questions of family lawyers back in Spring 2020, that of whether the pandemic was likely to satisfy the principles set down in the 1987 case of Barder v Barder [1987] 2 FLR 480. Unprecedented times, there is no doubt, but unprecedented enough to constitute a Barder event?’

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Family Law, 12th March 2021

Source: www.familylaw.co.uk

Ministry extends ban on bailiff-enforced evictions – Local Government Lawyer

‘The Government has extended the ban on bailiff-enforced evictions in all but the most serious circumstances and the requirement for landlords to provide six-month notice periods to residential tenants before they evict until at least 31 May.’

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Local Government Lawyer, 10th March 2021

Source: www.localgovernmentlawyer.co.uk

Rent Repayment Order miscellany – Nearly Legal

Posted March 8th, 2021 in appeals, debts, housing, landlord & tenant, news, rent, repayment, time limits, tribunals by tracey

‘A couple of Upper Tribunal decisions on rent repayment order appeals, with broader significance.’

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Nearly Legal, 6th March 2021

Source: nearlylegal.co.uk

UK firms given six months’ grace on gender pay gap reporting – The Guardian

Posted February 23rd, 2021 in enforcement, gender, news, notification, remuneration, time limits by tracey

‘Companies that fail to meet the gender pay gap reporting deadline of 4 April will be given a six-month reprieve before any enforcement action is taken against them. The Equality and Human Rights Commission (EHRC) said companies should report by the deadline if possible, but confirmed it would not begin enforcement proceedings until 4 October.’

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The Guardian, 22nd February 2021

Source: www.theguardian.com

Drafting an information for breach of an enforcement notice: Ceredigion CC v Robinson & others – 5SAH

‘An allegation of an offence in an information or charge must describe the offence in ordinary language and make it clear what the prosecutor alleges. Amendments to section 179 of the Town and Country Planning Act 1990 (TCPA 1990) mean that it is no longer necessary, when prosecuting a defendant for non-compliance with an enforcement notice, to aver within the information the date upon which the period of compliance expired. The court held that the exact moment at which the compliance period expired was no longer of critical or defining importance. It is a necessary inference within an information that the date upon which the offence is said to have been committed, occurred after the period of compliance had expired. The prosecutor would still need to prove as a fact that the date for compliance had expired, but this fact was not essential to enable the defendant to understand what the prosecutor was alleging.’

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5SAH, 16th February 2021

Source: www.5sah.co.uk

Know your limits, show your limits: Lessons from Food Standards Agency v Bakers of Nailsea Ltd (2020) – St Philips Barristers

‘The Food Standards Agency (“FSA”) made three applications for the issue of a summons to commence proceedings against Bakers of Nailsea Ltd (“BNL”), the food business operator for an abattoir in Nailsea, near Bristol, for offences contrary to the Food Safety and Hygiene (England) Regulations 2013 (“the 2013 Regulations”).’

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St Philips Barristers, 9th February 2021

Source: st-philips.com

One day late acceptance of part 36 offer puts costs in play – Legal Futures

‘An automatic entitlement to costs under part 36 only arises if the offer is accepted within the “relevant period”, the High Court has ruled.’

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Legal Futures, 21st January 2021

Source: www.litigationfutures.com

N v N (Afghanistan: Validity of an Overseas Marriage: Procedure)[2020] EWFC B55 – Pump Court Chambers

Posted January 12th, 2021 in divorce, foreign jurisdictions, marriage, news, service, time limits by sally

‘An important Judgment on the validity of an overseas marriage, and compliance with the significant procedural rules which apply if one wishes to defend divorce petitions, has recently been handed down in the case of N v N (Afghanistan: Validity of an overseas marriage: Procedure) [2020]. Jennifer Lee of Pump Court Chambers acted for the successful petitioner, who was seeking a divorce from the respondent. The parties disagreed over whether a marriage ceremony (held by proxy) in the 1980s had taken place, and whether it should be recognised as a valid marriage in this jurisdiction. There were procedural difficulties stemming from a marriage certificate not having been attached to the petition and non-compliance with the FPR and court orders by the respondent. The Court noted that there were many reasons why a valid marriage certificate might not be available, and the FPR clearly contemplated such a situation and provided for it. There was nothing in the FPR or the authorities cited which provided for there being no requirement to file an acknowledgement of service or an answer where a petitioner had not filed a valid marriage certificate.’

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Pump Court Chambers, 8th January 2021

Source: www.pumpcourtchambers.com

The Overseas Operations Bill ‘Does nothing to protect soldiers and breaches international law’ – Each Other

‘A former senior legal officer for the British Army has spoken out against The Overseas Operations Bill currently on its way through parliament, saying it does nothing to protect soldiers and breaches international law.’

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Each Other, 12th January 2021

Source: eachother.org.uk

Court denies relief for costs default during first lockdown – Law Society’s Gazette

Posted January 5th, 2021 in coronavirus, costs, law firms, negligence, news, personal injuries, time limits by sally

‘A litigant in a personal injury claim has been penalised for not contesting a costs bill within the allotted time, despite his representatives pleading that their work was affected by the first lockdown.’

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Law Society's Gazette, 5th January 2021

Source: www.lawgazette.co.uk

Unsealed claim forms not good service, High Court rules – Law Society’s Gazette

Posted December 18th, 2020 in banking, claims management, competition, documents, news, service, time limits by sally

‘A High Court judge has penalised litigants who served an unsealed amended claim form within the approved deadline, stating that this ultimately did not constitute good service.’

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Law Society's Gazette, 17th December 2020

Source: www.lawgazette.co.uk

Changes to ACAS Early Conciliation – Cloisters

Posted December 4th, 2020 in chambers articles, employment, employment tribunals, news, time limits by sally

‘Nathaniel Caiden considers the recent changes being made to ACAS Early Conciliation and their practical effects.’

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Cloisters, 1st December 2020

Source: www.cloisters.com