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

Family of man killed by convicted terrorist sue UK government – The Guardian

‘The family of a young man stabbed to death by a convicted terrorist are suing the government over alleged failures to manage the attacker in the community.’

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The Guardian, 26th November 2020

Source: www.theguardian.com

Brexit and family law: do you need to act before 31 December? – Family Law Week

Posted November 26th, 2020 in brexit, divorce, EC law, enforcement, financial provision, news, time limits by tracey

‘Jay Patel, Partner and Polly Atkins, Associate, both of Hunters, highlight the circumstances in which action may need to be taken before the end of the year to protect a client’s interests.

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Family Law Week, 19th November 2020

Source: www.familylawweek.co.uk

Of late reviews and multiple appeals – Nearly Legal

Posted November 16th, 2020 in appeals, homelessness, housing, news, time limits by sally

‘A second appeal on the vexed issue of s.204 appeals of late or “out of time” s.202 reviews. We’ve seen this issue come up earlier this year (and indeed before) but now the Court of Appeal has had a go at it.’

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Nearly Legal, 15th November 2020

Source: nearlylegal.co.uk

Whistleblowing time limits: one off acts vs continuing acts – 3PB

Posted November 12th, 2020 in contract of employment, news, time limits, unfair dismissal, whistleblowers by sally

‘Ikejiaku reinforces the distinction between a one-off act and a continuing act in the context of the imposition of a new contract, highlighting that this was a one off act with continuing consequences. Although the case concerned time limits in a whistleblowing detriment claim, the principles will extend across other areas, such as discrimination, in which unlawful detriments form the basis for claims.’

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3PB, 8th October, 2020

Source: www.3pb.co.uk

Justice delayed might be justice denied… but for which side? A look at Nigeria v Process & Industrial Developments – Hardwicke Chambers

Posted November 11th, 2020 in arbitration, chambers articles, civil justice, delay, energy, fraud, news, time limits by sally

‘Last month, Sir Ross Cranston handed down judgment in The Federal Republic of Nigeria v Process & Industrial Developments [2020] EWHC 2379 (Comm), marking the latest stage in what has proved a notoriously long-running dispute since arbitration between the parties was first commenced in 2012.’

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Hardwicke Chambers, 14th October 2020

Source: hardwicke.co.uk

Administrative Court allows appeal by tenant on extending time for service of notice of appeal in ASB case – Local Government Lawyer

‘A Plymouth woman has successfully appealed over a closure order imposed on her home after complaints of anti-social behaviour.’

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Local Government Lawyer, 5th November 2020

Source: www.localgovernmentlawyer.co.uk

Forces claims bill condemned as attack on independent legal profession – Law Society’s Gazette

‘The Law Society has endorsed parliamentary criticism of proposed legislation aimed at curbing what the government calls vexatious claims against service personnel.’

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Law Society's Gazette, 30th October 2020

Source: www.lawgazette.co.uk

A ruling delivered in open court or in writing is capable of amounting to a confiscation order (R v Westbrook) – 5SAH

‘The Court of Appeal ruled that, as with other orders, the judge’s solemn pronouncement in court was the order and a failure to draw up a formal written document within the prescribed two-year period from the date of sentence did not invalidate it. In any event, the judge had provided written reasons, findings and figures which satisfied the statutory requirements of the Proceeds of Crime Act 2002 (POCA 2002). The Court of Appeal ruled that in the absence of prejudice or unfairness resulting from an administrative or procedural breach, it could not be argued that a failure to draw up the order rendered it invalid. The second ground of appeal (that the judge had wrongly concluded that there were hidden assets) was unarguable and leave to appeal was refused.’

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5SAH, 20th October 2020

Source: www.5sah.co.uk

New Judgment: R (on the application of Pathan) v Secretary of State for the Home Department [2020] UKSC 41 – UKSC Blog

Posted October 27th, 2020 in appeals, news, notification, sponsored immigrants, Supreme Court, time limits by sally

‘The Supreme Court allowed this appeal addressing whether notice to an applicant of revocation of a sponsor’s licence in respect of his or her Tier 2 (General) Migrant application is required as a matter of procedural fairness.’

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UKSC Blog, 23rd October 2020

Source: ukscblog.com

Extending custody time limit will hit BAME people hardest, MoJ told – The Guardian

‘Extending the amount of time unconvicted defendants can await trial in prison will have a disproportionate impact on people who are black, Asian or from other ethnic minorities, according to official advice handed to ministers.’

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The Guardian, 16th October 2020

Source: www.theguardian.com

New Brexit law will let vulnerable EU citizens apply late to stay in UK – The Guardian

‘The government is to fast-track legislation that it believes will stop vulnerable EU citizens becoming Windrush-type victims of Brexit, it has emerged.’

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The Guardian, 15th October 2020

Source: www.theguardian.com

New Brexit law will allow vulnerable EU citizens to apply late to stay in UK – The Guardian

‘The government is to fast-track legislation it believes will stop vulnerable EU citizens becoming Windrush-type victims of Brexit, it has emerged.’

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The Guardian, 15th October 2020

Source: www.theguardian.com

Keep part 36 offers simple by using form, judge urges – Litigation Futures

Posted September 30th, 2020 in civil procedure rules, interpretation, judges, news, part 36 offers, service, time limits by sally

‘A High Court judge has told parties making part 36 offers that if they simply used form N242A “much of the difficulty” the scheme has caused litigants over the years would be avoided.’

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Litigation Futures, 28th September 2020

Source: www.litigationfutures.com

‘No reason’ for egg freezing 10-year storage limit – BBC News

Posted September 30th, 2020 in consumer protection, medical treatment, news, pregnancy, time limits by sally

‘The 10-year limit for storing eggs frozen for social reasons could be scrapped to give people concerned about declining fertility more time and options, says a UK ethics body.’

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BBC News, 30th September 2020

Source: www.bbc.co.uk

Bethany Shiner and Tanzil Chowdhury: The Overseas Operation (Service Personnel and Veterans) Bill and Impunity of the British State – UK Constitutional Law Association

‘The Overseas Operation (Service Personnel and Veterans) Bill was introduced in the House of Commons in March 2020 and is due its second reading on 23 September 2020. In short, the Bill aims to limit prosecution and civil proceedings against military personnel, as well as to enable the UK government to derogate from the European Convention on Human Rights (ECHR) during combat operations. The Bill emerges in response to what numerous Defence Secretaries have referred to as the “judicialisation of war”, a term which has been used to resist the application of the ECHR to overseas military combat operations. Despite the Bill being described as a way to protect soldiers from the “industry” of “vexatious claims” and preserve the ability of combat forces to fight wars effectively, there is every suggestion that this is really about precluding, or at least severely limiting, the accountability of the British state in its overseas military deployments.’

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UK Constitutional Law Association, 22nd September 2020

Source: ukconstitutionallaw.org