High Court clarifies effect of change of law during ongoing group litigation orders – OUT-LAW.com

Posted May 17th, 2023 in class actions, HM Revenue & Customs, news, taxation, time limits by sally

‘A new ruling by the High Court in London has made clear that, in some circumstances, decisions in a test case might not apply to all claimants in a group litigation order (GLO).’

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OUT-LAW.com, 16th May 2023

Source: www.pinsentmasons.com

UK Supreme Court clarifies law on ‘continuing nuisance’ – OUT-LAW.com

Posted May 17th, 2023 in appeals, environmental health, news, nuisance, Supreme Court, time limits by sally

‘A ruling by the UK Supreme Court provides some clarifications on when the law of nuisance can be relied upon for raising environmental claims, but it has also left open some important questions, experts have said.’

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OUT-LAW.com, 16th May 2023

Source: www.pinsentmasons.com

Guidance issued on UK immigration reporting duties for hybrid workers – OUT-LAW.com

Posted April 24th, 2023 in employment, government departments, immigration, news, time limits, visas by tracey

‘Employers that sponsor foreign workers to work in the UK need to be prepared to report changes to where those workers work to the UK authorities within 10 working days, an immigration expert has said.’

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OUT-LAW.com, 21st April 2023

Source: www.pinsentmasons.com

Ministers say UK will only detain child refugees in ‘exceptional circumstances’ – The Guardian

‘Ministers have pledged to only detain refugee children in “exceptional circumstances” under a new asylum bill after threats of a rebellion from backbench Conservative MPs.’

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The Guardian, 24th April 2023

Source: www.theguardian.com

A Practical Guide to Extending an Administration – 3 Hare Court

‘Thomas Horton and Georgia Purnell provide a practical guide to extending an administration. Drawing on insights from their own experiences the guide provides a useful resource for administrators and solicitors.’

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3 Hare Court, 23rd March 2023

Source: www.3harecourt.com

Time Limits in Fitness to Practise Appeals & Statutory Appeals – 5SAH

Posted March 31st, 2023 in appeals, chambers articles, health, news, time limits by sally

‘All of the statutory healthcare regulators – the GMC, GDC, GPhC, GOC, GCC, GOsC, HCPC, NMC – as well as SWE have a time limit for filing appeals of 28 days. Those appeals lie to the High Court. Only two of those have any provision within their legislation permitting an extension of the time limit for filing an appeal. The GPhC’s legislation contains a provision permitting the Court to extend the time limit for filing an appeal.’

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5SAH, 16th March 2023

Source: www.5sah.co.uk

Limits on when you can adjudicate – Practical Law: Construction Blog

‘I can’t say that I recall Dyson LJ’s judgment in Connex South Eastern Ltd v MJ Building Services Group being handed down back in 2005 but I do know it is the case that told us that the phrase “at any time” means exactly that. It’s like Ronseal’s famous phrase, “Does exactly what it says on the tin”. With the Court of Appeal giving the words their literal and ordinary meaning, it was plain speaking at its best! It has also meant that for as long as I can remember, we have all assumed that there is no time limit on when a party can start an adjudication. (In Connex, the court was dealing with a situation where the notice of adjudication was issued after practical completion and after repudiation of the contract.) Consequently, the only limitations (if there are any) are the ones we find in the Limitation Act 1980, which doesn’t prevent a party from starting an adjudication but may provide the responding party with a defence (if taken), which means the adjudicator’s decision will be in their favour. (The same applies in court proceedings and, if the defence is successful, the claim may be struck out.) If this is all so well-established, you might wonder why I’m bothering to mention it. The answer is, because of HHJ Russen KC’s judgment in LJR Interiors Ltd v Cooper Construction Ltd, which he handed down last month.’

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Practical Law: Construction Blog , 14th February 2023

Source: constructionblog.practicallaw.com

Competition court judges criticise parties in Merricks v Mastercard – Law Society’s Gazette

Posted February 6th, 2023 in banking, class actions, competition, damages, limitations, news, time limits by tracey

‘Commercial court judges found “neither side had covered itself in glory” in the latest judgment in Merricks v Mastercard Incorporated and Ors.’

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Law Society's Gazette, 5th February 2023

Source: www.lawgazette.co.uk

Case Comment: DCM (Optical Holdings) Ltd v Commissioners for His Majesty’s Revenue and Customs [2022] UKSC 26 – UKSC Blog

Posted January 24th, 2023 in amendments, news, repayment, Scotland, Supreme Court, taxation, time limits by sally

‘In this post, Neal Chandru, an Associate in the Tax team at CMS, comments on the case of DCM (Optical Holdings) Ltd (“DCM”) v Commissioners for his Majesty’s Revenue and Customs (“HMRC”) [2022] UKSC 26 – handed down on 12 October 2022.’

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UKSC Blog, 23rd January 2023

Source: ukscblog.com

Top Discrimination Decisions of 2022: five cases education lawyers should know – 3PB

‘Discrimination law is a complex and constantly evolving area of practice. Cases this year have provided clarification, enforcement and development of the legal principles underpinning claims under the Equality Act 2010 (“EqA”).’

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3PB, 13th December 2022

Source: www.3pb.co.uk

SRA can enforce costs order against solicitor struck off in 2010 – Legal Futures

‘The Solicitors Regulation Authority (SRA) can enforce a £15,000 costs order against a struck-off solicitor more than 12 years after it was made, the Solicitors Disciplinary Tribunal (SDT) has ruled.’

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Legal Futures, 6th January 2023

Source: www.legalfutures.co.uk

Court allows costs challenge by client ‘not informed’ about options – Law Society’s Gazette

Posted December 19th, 2022 in costs, damages, news, personal injuries, solicitors, time limits by tracey

‘The High Court has ruled that a costs bill can be challenged after the one-year time limit for requesting detailed assessment. In Menzies v Oakwood Solicitors, Mr Justice Bourne said Leeds firm Oakwood Solicitors had not made clear to a former client the procedure for objecting to the deduction of costs from his damages. Payment was therefore not effected by a settlement of account and a challenge could still be made.’

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Law Society's Gazette, 16th December 2022

Source: www.lawgazette.co.uk

Court green lights inheritance claim despite solicitor’s limitation error – Legal Futures

Posted December 2nd, 2022 in families, limitations, news, solicitors, time limits, wills by tracey

‘A woman whose solicitors’ error meant she was too late to challenge her mother’s will has been given permission to bring her action out of time.’

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Legal futures, 2nd December 2022

Source: www.legalfutures.co.uk

Woman with Down’s syndrome loses abortion law appeal – BBC News

‘A woman with Down’s syndrome has lost her appeal over a law that allows abortion up until birth for a foetus with the condition.’

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BBC News, 25th November 2022

Source: www.bbc.co.uk

“Spent” golden contract means enterprise zone allowances disallowed – OUT-LAW.com

Posted November 14th, 2022 in appeals, contracts, corporation tax, income tax, news, taxation, time limits by tracey

‘Investors behind the construction of two data centres could not claim Enterprise Zone allowances (EZAs) on the expenditure they incurred because it was deemed to have been incurred under a contract entered into outside of the statutory window for claiming the allowances.’

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OUT-LAW.com, 11th November 2022

Source: www.pinsentmasons.com

Mental health patients held ‘unlawfully’ in A&Es across the country, experts warn – The Independent

Posted November 8th, 2022 in detention, hospitals, mental health, news, time limits by sally

‘Mental health patients are being held “unlawfully” in A&Es across the country as long waits for care and beds force staff into “fudging” the law, The Independent has been told.’

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The Independent, 8th November 2022

Source: www.independent.co.uk

On credibility and penalties – Nearly Legal

Posted October 31st, 2022 in county courts, deposits, housing, landlord & tenant, limitations, news, time limits by tracey

‘Lowe v Charterhouse (2022) EW Misc 8 (CC). A county court deposit penalty claim judgment, but well worth noting because a) a Circuit Judge decision by HHJ Luba KC, b) there are some broader points in application , and c) well it is quite the case.’

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Nearly Legal, 30th October 2022

Source: nearlylegal.co.uk

UK government extends deadline for Brexit food labelling changes – OUT-LAW.com

Posted October 13th, 2022 in advertising, bills, brexit, food, news, time limits by tracey

‘The UK government’s decision to grant businesses extra time to comply with post-Brexit food labelling requirements will be “cautiously welcomed” by the industry, according to one legal expert.’

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OUT-LAW.com, 12th October 2022

Source: www.pinsentmasons.com

Surrogacy Arrangements and Parental Orders: Where Are We Now? – Family Law Week

Posted October 11th, 2022 in consent, domicile, news, parental responsibility, surrogacy, time limits by tracey

‘Bianca Jackson, Barrister at Coram Chambers considers the most important news and case law relating to Surrogacy Arrangements and Parental Orders.’

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Family Law Week, 5th October 2022

Source: www.familylawweek.co.uk

Online platforms face likely Digital Services Act disclosure deadline of February 2023 OUT-LAW.com

Posted September 20th, 2022 in disclosure, EC law, electronic commerce, internet, news, regulations, time limits by tracey

‘Online platform providers are set to face new legal duties to disclose details on user engagement with their services in the EU, with an initial deadline to report such information by the middle of February next year likely to apply, according to analysis undertaken by Out-Law.’

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OUT-LAW.com, 15th September 2022

Source: www.pinsentmasons.com