New Judgment: Test Claimants in the Franked Investment Income Group Litigation & Ors v Revenue and Customs [2020] UKSC 47 – UKSC Blog

‘The Supreme Court has unanimously allowed this appeal concerning the law of limitation.’

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UKSC Blog, 23rd July 2021

Source: ukscblog.com

Case Comment: R (on the application of Fylde Coast Farms Ltd (formerly Oyston Estates Ltd)) v Fylde Borough Council [2021] UKSC 18 – UKSC Blog

‘In this post, Angus Maudslay, an associate in the litigation and arbitration team at CMS, comments on the decision of the UK Supreme Court in the matter of R (on the application of Fylde Coast Farms Ltd (formerly Oyston Estates Ltd)) v Fylde Borough Council [2021] UKSC 18, which concerns whether section 61N of the Town and Country Planning Act 1990 should be interpreted to mean that an application for judicial review was made out of time.’

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UKSC Blog, 21st July 2021

Source: ukscblog.com

Negligence action against lawyers over amputation not time-barred – Legal Futures

‘A man who received “devastating news” that his lower leg needed to be amputated seven years after settling his personal injury claim is not prevented by limitation from suing his lawyers for negligence, the High Court has ruled.’

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Legal Futures, 21st July 2021

Source: www.legalfutures.co.uk

Right to repair may lead to increased claims against manufacturers – OUT-LAW.com

‘New regulations which will extend the life of domestic electrical products by up to 10 years, could mean manufacturers face more claims for defective products or negligence, experts at Pinsent Masons, the law firm behind Out-Law have warned.’

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OUT-LAW.com, 14th July 2021

Source: www.pinsentmasons.com

Proposed changes to the Defective Premises Act – Practical Law: Construction Blog

Posted July 14th, 2021 in bills, building law, compensation, construction industry, housing, news, time limits by tracey

‘Many changes have been introduced since Grenfell to address the cladding crisis including the establishment of various loans, funds, plans for new regulators, new taxes, levies and new rules to govern building safety throughout the lifetime of a building.’

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Practical Law: Construction Blog, 13th July 2021

Source: constructionblog.practicallaw.com

Woman with Down’s syndrome takes Sajid Javid to court over abortion law – The Guardian

‘Allowing pregnancy terminations up to birth if the foetus has Down’s syndrome is discriminatory and stigmatises disabled people, the high court has heard.’

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The Guardian, 6th July 2021

Source: www.theguardian.com

Good Law Project’s PPE claim fails after service blunder – Law Society’s Gazette

‘High-profile legal campaigners have been dealt a blow in their latest challenge to the government – after correctly serving the right papers a day too late.’

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Law Society's Gazette, 5th July 2021

Source: www.lawgazette.co.uk

Hundreds of thousands of EU citizens ‘scrabbling’ to attain post-Brexit status before deadline – The Guardian

Posted June 28th, 2021 in brexit, citizenship, EC law, immigration, news, statistics, time limits, visas by tracey

‘EU citizens are struggling to apply for post-Brexit settled status as the Home Office reaches “breaking point” coping with a last-minute surge in applications. With three days before the deadline of the EU settlement scheme this Wednesday, campaigners say late applicants are being stuck in online queues as others find it impossible to access advice on the government helpline.’

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The Guardian, 26th June 2021

Source: www.theguardian.com

Supreme Court clarifies law on tax ‘discovery’ assessments – OUT-LAW.com

Posted June 2nd, 2021 in appeals, HM Revenue & Customs, news, Supreme Court, taxation, time limits by sally

‘The UK Supreme Court has decided that disclosing information in the wrong box on a tax return but explaining it in the white space was not an inaccuracy, as the return had to be considered as a whole.’

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OUT-LAW.com, 1st June 2021

Source: www.pinsentmasons.com

‘Unjust’ six-month time limit for reporting domestic abuse to police must be extended, MPs urge – The Independent

‘The government must urgently extend the “unjust” six-month time limit for domestic abuse victims to report domestic physical violence to the police, according to MPs who are to raise the issue in parliament.’

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The Independent, 22nd May 2021

Source: www.independent.co.uk

New Judgment: R (on the application of Fylde Coast Farms Ltd (formerly Oyston Estates Ltd)) v Fylde Borough Council [2021] UKSC 18 – UKSC Blog

‘The Supreme Court has unanimously dismissed this appeal concerning the interpretation of section 61N of the Town and Country Planning Act 1990.’

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UKSC Blog, 14th May 2021

Source: ukscblog.com

Less Notice! More Forms! End of eviction ban! – Nearly Legal

‘The Govt announced that from 1 June 2021 there will be new notice periods for NTQs/notice seeking possession on tenancies. Rather than reverting to the pre pandemic notice requirements, there will be a further period from 1 June 2021 to 30 September 2021 in which 4 months notice will be required, down from 6 months.’

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Nearly Legal, 12th May 2021

Source: nearlylegal.co.uk

Meetings of local authorities in England must be face to face from 7 May, judges rule – Local Government Lawyer

Posted April 29th, 2021 in coronavirus, local government, news, regulations, time limits by sally

‘Meetings held by local authorities in England under the Local Government Act 1972 must take place in person from 7 May when emergency regulations introduced in the early stages of the first lockdown expire, the Divisional Court has ruled.’

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Local Government Lawyer, 28th April 2021

Source: www.localgovernmentlawyer.co.uk

Judge criticises firm’s failures in defending solicitor’s dismissal claim – Legal Futures

‘A conveyancing solicitor has won her unfair dismissal and discrimination claim against a well-known Essex law firm by default after it filed its defence two days late.’

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Legal Futures, 26th April 2021

Source: www.legalfutures.co.uk

JR reform backlash intensifies – Law Society’s Gazette

‘Widespread relief that the panel tasked with conducting an independent review of administrative law did not recommend wholesale reform of judicial review proved short-lived when the lord chancellor revealed that the report was just a “starting point”. It quickly became apparent that the government wants to go much further than Lord Faulks’ recommendations.’

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Law Society's Gazette, 26th April 2021

Source: www.lawgazette.co.uk

Trainee’s lockdown-induced error leads to claim’s failure – Litigation Futures

Posted April 21st, 2021 in civil procedure rules, claims management, news, service, solicitors, time limits by tracey

‘There was nothing in the CPR that could make good a mistake by a trainee solicitor in not serving a claim form in time, even though it was down to the disruption of Covid, the High Court has ruled.’

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Litigation Futures, 21st April 2021

Source: www.litigationfutures.com

Relief from forfeiture – Don’t dilly dally on the way – Nearly Legal

Posted April 19th, 2021 in appeals, delay, equity, forfeiture, landlord & tenant, news, time limits by tracey

‘Keshwala & Anor v Bhalsod & Anor (2021) EWCA Civ 492. This was the second appeal, to the Court of Appeal, of a relief from forfeiture matter for commercial property that we have previously seen in the High Court (our report here). The issue was whether a relief from forfeiture application made just within 6 months of the date of forfeiture was brought with ‘reasonable promptitude’ for the purposes of the equitable relief from from forfeiture.’

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Nearly Legal, 18th April 2021

Source: nearlylegal.co.uk

An erroneous decision to extend time under s.123(1)(b) Equality Act 2010 – 3PB

‘The Honourable Mrs Justice Ellenbogen, sitting in the EAT, held that a tribunal had erred in extending time under s.123(1)(b) Equality Act 2010 (“EqA 2010”), by failing to determine whether a claimant’s ignorance of his right to claim direct race discrimination was reasonable.’

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3PB, 2nd March 2021

Source: www.3pb.co.uk

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