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

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