Alerter by Kathleen Donnelly and Thomas Evans – No Relief from Missed Cut-Off Date – Henderson Chambers

Posted May 18th, 2022 in chambers articles, delay, news, solicitors, time limits by sally

‘Claimants who missed the cut-off date for joining the VW NOx Emissions Group Litigation were refused relief from sanction in Baker & Ors v VWAG & Ors [2022] EWHC 810 (QB).’

Full Story

Henderson Chambers, 9th May 2022

Source: www.hendersonchambers.co.uk

Limitation and Retrospective Effect: Abdelsalam v Expresso Telecom Group Ltd – Littleton Chambers

Posted May 18th, 2022 in appeals, chambers articles, employment, limitations, news, time limits by sally

‘James Bickford Smith and James Green review the recent judgment of the Dubai International Financial Centre Court of Appeal in Abdelsalam v Expresso Telecom Group [2021] DIFC CA 011. The decision resolved uncertainty as to whether the 2019 Employment Law could render earlier-issued claims under the 2005 Law out of time, and confirmed the presumption that DIFC law should not have retrospective effect.’

Full Story

Littleton Chambers, 11th May 2022

Source: littletonchambers.com

High Court throws out negligence claim over MMR vaccine advice – Legal Futures

‘The potential negligence of a QC and high-profile law firm to advise a client on limitation was irrelevant as the underlying claim would not have succeeded anyway, the High Court has ruled.’

Full Story

Legal Futures, 25th April 2022

Source: www.legalfutures.co.uk

Litigator’s claim against ex-firm struck out for unless order failure – Legal Futures

‘A civil litigator with experience of employment disputes has had an unfair dismissal claim against his former firm struck out for failing to comply with an unless order.’

Full Story

Legal Futures, 12th April 2022

Source: www.legalfutures.co.uk

Britons living overseas for 15 years to get right to vote in UK elections – The Guardian

Posted April 1st, 2022 in bills, elections, immigration, news, time limits by sally

‘British nationals living overseas for more than 15 years are set to get the right to vote in UK general elections, after a proposed change in the law passed a critical stage in the House of Lords.’

Full Story

The Guardian, 31st March 2022

Source: www.theguardian.com

Planning Court judge rejects out of time bid to challenge Community Infrastructure Levy liability – Local Government Lawyer

Posted March 31st, 2022 in judicial review, local government, news, planning, time limits by sally

‘A challenge to an East Suffolk Council community infrastructure levy (CIL) liability notice was made so long outside the time allowed for judicial review that there was no reason to vary this, the High Court has ruled.’

Full Story

Local Government Lawyer, 31st March 2022

Source: www.localgovernmentlawyer.co.uk

Good Law Project fails to revive PPE claim after serving one day late – Law Society’s Gazette

‘The Good Law Project (GLP) has lost a bid to revive a judicial review which was thrown out after the legal campaign group served a claim form one day late.’

Full Story

Law Society's Gazette, 24th March 2022

Source: www.lawgazette.co.uk

Local authority ordered to pay 85% of costs of wasted Court of Protection hearing – Local Government Lawyer

‘A local authority that was seeking to restrict a woman’s access to social media has been ordered to pay 85% of the Official Solicitor’s costs after the council was late in submitting assessments and a position statement.’

Full Story

Local Government Lawyer, 22nd March 2022

Source: www.localgovernmentlawyer.co.uk

Guardian wins legal challenge over access to employment tribunal papers – The Guardian

‘Journalists should be provided with access to documents from employment tribunal cases even in the aftermath of a judgment, it has been ruled, after a successful legal challenge by the Guardian.’

Full Story

The Guardian, 22nd March 2022

Source: www.theguardian.com

TCC’s useful reminder of limits of natural justice challenges to adjudicators’ decisions – Practical Law: Construction Blog

‘The case in question is Bilton and Johnson (Building) Co Ltd v Three Rivers Property Investments Ltd, which was heard by Mr Jason Coppell QC (sitting as a deputy High Court judge). I admit that the case doesn’t tell us anything new about the law of adjudication, but it is a useful reminder of the limits of natural justice challenges to adjudicators’ decisions, as well as the fact that whether an adjudicator’s findings are correct as a matter of law is not material to whether their decision should be enforced.’

Full Story

Practical Law: Construction Blog, 18th March 2022

Source: constructionblog.practicallaw.com

Roderick Morton examines a High Court appeal against an inspector’s decision refusing a lawful development certificate (LDC) for stationing of mobile homes on a caravan site for permanent occupation. – Local Government Lawyer

Posted March 11th, 2022 in housing, local government, news, time limits by tracey

‘In St Anne’s Court Dorset Limited v SSHCLG and Dorset Council [2021] EWHC 2954 (QB) permission was granted in 1980 for use of the appeal site as a “site for touring caravans”. Conditions required that not more than 15 “touring camping units” could be stationed on the site, that a 2-week time limit applied to any stay, that the site could only be used seasonally between 1 March and 31 October and that no “camping units” could be used as permanent residential units.’

Full Story

Local Government Lawyer, 11th March 2022

Source: www.localgovernmentlawyer.co.uk

TikTok: lawyers ‘unwisely’ waited until last minute – Law Society’s Gazette

‘The High Court has dealt a blow to the claimant in a high-profile privacy claim against social media platform TikTok after refusing an extension of time for service.
In SMO (A Child) v Tiktok Inc & Ors Mr Justice Nicklin said that the “inescapable reality” of why the claimant needed an extension was that she had waited until the last minute to meet key deadlines.’

Full Story

Law Society's Gazette, 9th March 2022

Source: www.lawgazette.co.uk

JCT insolvency ruling: time limit on termination not condition precedent – OUT-LAW.com

Posted March 7th, 2022 in company law, construction industry, contracts, debts, insolvency, news, time limits by tracey

‘An English High Court ruling in an insolvency case concerning a Joint Contracts Tribunal (JCT) Minor Works contract (2011) could apply to other standard form contracts in the same suite, a legal expert has said.’

Full Story

OUT-LAW.com, 4th March 2022

Source: www.pinsentmasons.com

New Judgment: Public Prosecutors Office of the Athens Court of Appeal v O’Connor [2022] UKSC 4 – UKSC Blog

‘The Respondent was ordered to be extradited to Greece for the purposes of conducting a criminal prosecution against him. On that day, the Respondent’s solicitor stated orally in court that an appeal would be lodged against the extradition order, and on 16 December 2015, the notice of application for leave to appeal was filed with the Court. However, due to an oversight, the solicitor failed to serve the notice on the Crown Solicitor’s Office (on behalf of Greece) until about three weeks later.’

Full Story

UKSC Blog, 3rd February 2022

Source: ukscblog.com

Met police won’t investigate alleged No 10 lockdown party – The Guardian

‘The Metropolitan police will not investigate alleged parties held at Downing Street in apparent breach of lockdown rules unless an upcoming inquiry finds evidence of criminality.’

Full Story

The Guardian, 13th January 2022

Source: www.theguardian.com

Domestic abuse victims in England and Wales to be given more time to report assaults – Ministry of Justice

‘Under the changes, victims of domestic abuse will be allowed more time to report incidents of common assault or battery against them. Currently, prosecutions must commence within six months of the offence.’

Full Story

Ministry of Justice, 4th January 2022

Source: www.gov.uk

Breastfeeding voyeurs targeted by new proposed offence in England and Wales – The Guardian

‘Voyeurs who record images of breastfeeding women without permission and domestic abusers who escape jail because of time limits on prosecutions are being targeted by proposals put before parliament on Tuesday.’

Full Story

The Guardian, 4th January 2022

Source: www.theguardian.com

Covid not good enough reason for solicitors missing court deadline – Legal Futures

Posted December 6th, 2021 in coronavirus, delay, law firms, negligence, news, striking out, time limits by sally

‘The disruption caused by Covid last year was not a good enough excuse for a law firm missing a deadline to file amended particulars of claim by four months, the High Court has ruled.’

Full Story

Legal Futures, 6th December 2021

Source: www.legalfutures.co.uk

The Abortion Act 1967 and Down Syndrome: Crowter – Law & Religion UK

Posted December 6th, 2021 in abortion, disabled persons, human rights, news, pregnancy, time limits by sally

‘In R (Crowter & Ors) v Secretary of State for Health and Social Care [2021] EWHC 2536 (Admin), the issue before the Court was the fact that the Abortion Act 1967 differentiates between pregnancies where there is a substantial risk that, if born, a child would be “seriously handicapped” (the terminology used in the Act) and those where it would not. The three claimants – a 25-year-old woman with Down Syndrome who had gained an NVQ qualification level, was employed and had recently married, A, a two-year-old with Down Syndrome who had met all his developmental milestones, and A’s mother [6-8] – challenged the disability ground for abortion in section 1(1)(d) of the Act as contrary to Articles 2 (right to life), 3 (inhuman or degrading treatment) and 8 (private and family life) ECHR.’

Full Story

Law & Religion UK, 3rd December 2021

Source: lawandreligionuk.com

Remand inmates in England and Wales ‘facing second Christmas behind bars’ – The Guardian

‘Some defendants will be facing “a second Christmas behind bars without the opportunity to prove their innocence”, a legal charity has warned, as the number of remand prisoners in England and Wales detained longer than the legal custody limit continues to rise.’

Full Story

The Guardian, 1st December 2021

Source: www.theguardian.com