Court of Appeal to hear case over whether planning challenge was out of time – Local Government Lawyer

Posted June 15th, 2017 in appeals, news, planning, time limits by sally

‘An applicant has secured permission from the Court of Appeal to argue that his challenge in a planning case was not brought out of time.’

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Local Government Lawyer, 13th June 2017

Source: www.localgovernmentlawyer.co.uk

Limitation and the threshold for article 3/8 investigative claims – UK Police Law Blog

Posted June 12th, 2017 in delay, domestic violence, human rights, judges, limitations, news, time limits by sally

‘Lavender J in MLIA & CLEL v Chief Constable of Hampshire [2017] EWHC 292 (QB) has offered helpful guidance on the application of the limitation defence for human rights claims, in a case which failed to meet the threshold for engaging the investigative duty under Articles 3 and 8 of the Convention.’

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UK Police Law Blog, 11th June 2017

Source: ukpolicelawblog.com

Calling time – Counsel

Posted June 9th, 2017 in company law, courts, jurisdiction, limitations, news, time limits by sally

‘The law on limitation directions – a useful tool for junior litigators attempting to restore companies to the register – has finally been anchored down by the courts. Ben Harding reports on the practical effect.’

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Counsel, June 2017

Source: www.counselmagazine.co.uk

What is the Fixed-term Parliaments Act ? – Daily Telegraph

Posted June 1st, 2017 in constitutional law, elections, legislation, news, parliament, time limits by sally

‘The conditions for when a snap election can be called were significantly restricted by the Fixed-term Parliaments Act of 2011. The Act of Parliament, which was part of the Conservative–Liberal Democrat coalition agreement produced after the 2010 general election, was introduced fixed-term elections to the Westminster parliament.’

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Daily Telegraph, 31st May 2017

Source: www.telegraph.co.uk

Fixed Term Parliaments Act – OUP Blog

Posted May 31st, 2017 in elections, news, parliament, time limits by sally

‘Was there ever a more hollow and impotent piece of legislation than the UK’s Fixed Term Parliaments Act? Trumpeted by the Conservative-led coalition as a way of stopping opportunist prime ministers ever again calling snap elections to capitalize on hefty poll leads – by complicating simple confidence votes in ways that prompted Labour to condemn it as a constitutional “stitch-up” – within six short years of receiving Royal Assent it has proved itself wholly incapable of doing any such thing. When it suited David Cameron to build a protective cordon around his unholy alliance with the Liberal Democrats, the Act was a useful confection: a road-block solid enough to stop either partner provoking an early return to the polls, by swerving out of the ministerial motorcade in a petulant huff. But the fact it could be so casually swept aside as soon as the Tories’ stars were back in the ascendancy – like a trifling traffic cone in the residents’ parking bay otherwise reserved for them outside Number 10 Downing Street – shows it wasn’t worth the statute-book it was written on. We should repeal this zombie law at the earliest opportunity.’

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OUP Blog, 31st May 2017

Source: blog.oup.com

What’s in a name? Appeal judges reject pleas of claimant who sued wrong firm – Legal Futures

‘Appeal judges have rejected the pleas of a claimant who, faced by two law firms with similar names set up by the same solicitor, sued the wrong one.’

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Legal Futures, 16th May 2017

Source: www.legalfutures.co.uk

A Stitch in Time Saves Nine – Hardwicke Chambers

Posted May 16th, 2017 in amendments, civil justice, civil procedure rules, news, time limits by sally

‘In the well-known case of Cobbold v London Borough of Greenwich (LTL 24/5/2001) Gibson LJ said:

‘The overriding objective (of the CPR) is that the court should deal with cases justly. That includes, so far as is practicable, ensuring that each case is dealt with not only expeditiously but also fairly. Amendments in general ought to be allowed so that the real dispute between the parties can be adjudicated upon provided that any prejudice to the other party or parties caused by the amendment can be compensated in costs, and the public interest in the efficient administration of justice is not significantly harmed…’.’

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Hardwicke Chambers, 11th April 2017

Source: www.hardwicke.co.uk

Robert Hazell: Is the Fixed-term Parliaments Act a Dead Letter? – UK Constitutional Law Association

‘The ease with which Theresa May was able to secure an early dissolution last week has led to suggestions that the Fixed-term Parliaments Act 2011 serves no useful purpose and should be scrapped. Drawing on wider evidence of how fixed-term parliaments legislation works in other countries, Robert Hazell argues that there is a danger that it is being judged prematurely, on the basis of a single episode. Future circumstances in which a Prime Minister seeks a dissolution may be different, and in these cases the Fixed-term Parliaments Act may serve as more of a constraint.’

Full story

UK Constitutional Law Association, April 2017

Source: www.ukconstitutionallaw.org

Jeff King: May’s Gambit – UK Constitutional Law Association

Posted April 20th, 2017 in constitutional law, elections, news, parliament, time limits by sally

‘Theresa May has deftly launched a gambit to get around the core purpose of the Fixed Term Parliaments Act 2011 – and all signs are that it will succeed without delay. The purpose of that Act (for a tidy summary of resources see here) was to stop prime ministers from calling an election at a time that suited the Government’s rather than the country’s political future. The Coalition Government formed between the Conservatives and Liberal Democrats in 2010 gave effect to the insistence by the Liberal Democrats that legislation put an end to the Prime Minister’s power to call an election at will. The Act prescribes five year periods between elections, alterable only by (1) the passing by the House of Commons of a motion of non-confidence without subsequent withdrawal, or (2) the passing by the House of Commons of a motion calling for an early election by a majority of two-thirds. The election that follows an early election will occur in May of the fifth calendar year following the early election.’

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UK Constitutional Law Association, 19th April 2017

Source: www.ukconstitutionallaw.org

What is the Fixed-term Parliaments Act? – The Guardian

Posted April 18th, 2017 in constitutional law, elections, news, parliament, time limits by sally

‘Coalition agreement introduced five-year parliaments but act allows for early elections if two-thirds of MPs vote in favour.’

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The Guardian, 18th April 2017

Source: www.guardian.co.uk

28 day pre-charge bail limit comes into force – Home Office

Posted April 6th, 2017 in bail, criminal procedure, news, time limits by tracey

‘Government introduces new pre-charge bail limit of 28 days as part of the Policing and Crime Act, which comes into effect today (Monday 3 April).’

Full press release

Home Office, 3rd April 2017

Source: www.gov.uk/home-office

BREXIT: UK government seeking time limited power to ‘correct’ post-Brexit statute book – OUT-LAW.com

Posted April 3rd, 2017 in bills, courts, EC law, legislation, news, parliamentary papers, repeals, time limits by sally

‘The UK government is seeking a time-limited power to “correct the statute book” by way of secondary legislation ahead of the country’s departure from the European Union.’

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OUT-LAW.com, 30th March 2017

Source: www.out-law.com

28-day limit on police bail comes into force in the UK – The Guardian

Posted April 3rd, 2017 in bail, human rights, news, police, proportionality, time limits by sally

‘Police will face new curbs on their use of bail from Monday after coming under severe criticism for leaving people in legal limbo for months or even years.’

Full story

The Guardian, 3rd April 2017

Source: www.guardian.co.uk

Supreme Court rejects narrow approach to LASPO transitional provisions on success fees and ATE – Litigation Futures

Posted March 31st, 2017 in appeals, costs, fees, insurance, news, Supreme Court, time limits by tracey

‘The Supreme Court has allowed the recovery of a pre-LASPO success fee and after-the-event (ATE) premium where the conditional fee agreement (CFA) and insurance had to be extended after 1 April 2013 to cover appeals.’

Full story

Litigation Futures, 29th March 2017

Source: www.litigationfutures.com

Relief from Sanctions: Simon Patterson (The Trustee in Bankruptcy of George Spencer) v George Spencer and Others [2017] EWCA Civ 140 – Zenith PI Blog

Posted March 24th, 2017 in appeals, bankruptcy, judgments, news, sanctions, striking out, time limits by sally

‘The Appellant (the sixth Defendant in proceedings regarding the bankruptcy of her father) sought relief from sanctions after her application for permission to appeal was struck out for failure to provide a transcript of the judgment.’

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Zenith PI Blog, 21st March 2017

Source: www.zenithpi.wordpress.com

Official secrets reform gets more time – Law Society’s Gazette

Posted March 10th, 2017 in consultations, news, official secrets act, time limits by sally

‘Interested parties have been given an extra month to comment on proposals for a new law to protect official secrets after an unexpected media furore. Citing a ‘large amount of interest’ the Law Commission said that its deadline for responding to the public consultation on Protection of Official Data had been extended to 3 May.’

Full story

Law Society’s Gazette, 9th March 2017

Source: www.lawgazette.co.uk

Police destroyed key evidence in new Hatton Garden case because of time limit rules – Daily Telegraph

Posted March 3rd, 2017 in evidence, news, police, time limits, video recordings by tracey

‘Police destroyed more than 200 hours of CCTV footage which could have been used as key evidence to try a Hatton Garden burglar for his part in another high-end raid because of time limit rules, a court was told.’

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Daily Telegraph, 3rd March 2017

Source: www.telegraph.co.uk

Domestic violence evidence requirement removed – Law Society’s Gazette

Posted February 28th, 2017 in domestic violence, evidence, legal aid, news, time limits, victims by tracey

‘The Law Society has welcomed the government’s decision to remove a time limit for evidence that will make it easier for domestic violence victims to qualify for legal aid.’

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Law Society’s Gazette, 27th February 2017

Source: www.lawgazette.co.uk

Legal aid shakeup hands lifeline to domestic violence victims – The Guardian

‘Time limits preventing vulnerable victims of domestic violence from obtaining legal aid for court hearings are to be scrapped, the Ministry of Justice (MoJ) will announce.’

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The Guardian, 23rd February 2017

Source: www.guardian.co.uk

Protective proceedings should not be necessary to maintain right to judicial review of university decisions, court rules – OUT-LAW.com

Posted February 16th, 2017 in complaints, education, judicial review, news, time limits, universities by sally

‘Students wishing to preserve the right to apply for judicial review of a decision by their higher education institution while pursuing independent adjudication need not necessarily apply for protective proceedings, a High Court judge has said.’

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OUT-LAW.com, 16th February 2017

Source: www.out-law.com