Home Office overseeing ‘serious failings’ in almost every stage of immigration detention process, MPs warn – The Independent

Posted March 21st, 2019 in detention, government departments, immigration, news, time limits, torture by tracey

‘The Home Office is overseeing “serious failings” in almost every stage of the immigration detention process, according to a new report which makes fresh calls for a time limit on detention.’

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The Independent, 21st March 2019

Source: www.independent.co.uk

Sam Fowles: Extending Article 50 – Key Legal Issues – UK Constitutional Law Association

Posted March 15th, 2019 in brexit, EC law, news, parliament, referendums, time limits by sally

‘With the second defeat of Theresa May’s Withdrawal Agreement, the subsequent vote to reject a “no-deal” Brexit, and the proposed votes today to extend the Art. 50 period, we must consider the legal practicalities of such an extension.’

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UK Constitutional Law Association, 14th March 2019

Source: ukconstitutionallaw.org

Judge calls halt on parties ‘stopping the clock’ on delays – Law Society’s Gazette

Posted March 5th, 2019 in bereavement, delay, news, time limits, wills by tracey

‘A widow has been refused permission to claim against the estate of her late husband after filing her application nearly 17 months out of time.’

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Law Society's Gazette, 5th March 2019

Source: www.lawgazette.co.uk

My six-year wait for life-changing compensation – BBC News

‘”I met an older man and I was in a vulnerable situation. He took me under his wing and very quickly groomed me,” says Emma. This was two decades ago, when she was 16. The man went on to physically and sexually abuse her over a two-year period.’

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BBC News, 26th February 2019

Source: www.bbc.co.uk

Time bars under FIDIC 2017 – are more notices the answer? – Practical Law: Construction Blog

Posted February 22nd, 2019 in construction industry, contracts, news, time limits by tracey

‘Construction and engineering contracts often contain provisions specifying that, within a particular time, one party (traditionally the contractor) must notify the other (the employer and/or the contract administrator) of a claim or the likelihood that it might advance a claim. Sometimes these “time-bar” notice provisions are elevated beyond being merely an obligation, to the status of a condition precedent to being able to pursue a successful claim. If such provisions are enforceable, they can be severe: a failure to serve the required notice in the required timescale will be fatal, regardless of the merits of the underlying claim. A well-known example of such a provision is found in clause 20.1 of the 1999 FIDIC contracts.’

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Practical Law: Construction Blog, 20th February 2019

Source: constructionblog.practicallaw.com

Exaggeration not necessarily fundamental dishonesty – Zenith PI

Posted February 22nd, 2019 in evidence, news, personal injuries, time limits, video recordings by tracey

‘Spencer Smith v Ashwell Maintenance Limited (Leicester County Court, 21/1/2019) – claimant who was found to have exaggerated and overstated his difficulties not fundamentally dishonest on the basis that his motive was to convince rather than to deceive.’

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Zenith PI, 21st February 2019

Source: zenithpi.wordpress.com

Permission to Appeal from the Lower and Appeal Courts: One Timeline or Two? – Hardwicke Chambers

Posted February 19th, 2019 in appeals, civil procedure rules, news, time limits by sally

‘When does time start to run for making an application for permission to appeal? Does the answer change, depending on whether the application is made to the lower or appellate court?’

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Hardwicke Chambers, 13th February 2019

Source: hardwicke.co.uk

CA rules £1m security order to admit late statement was wrong – Litigation Futures

Posted February 18th, 2019 in adjournment, costs, news, service, time limits, witnesses by sally

‘A High Court judge was wrong to order a defendant to make a £1m security for costs payment – almost the sum the claimant was seeking – to rely on a witness statement it had served late, the Court of Appeal has ruled.’

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Litigation Futures, 18th February 2019

Source: www.litigationfutures.com

Court of Appeal reinforces strict six-week planning challenge time limit – OUT-LAW.com

Posted February 14th, 2019 in appeals, limitations, news, planning, time limits by sally

‘The Court of Appeal has refused to extend the six-week statutory time limit for challenging a planning inspector’s decision, in a case where the individual had been prevented from filing on the day of the deadline.’

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OUT-LAW.com, 12th February 2019

Source: www.out-law.com

No-fault divorce to become the law – The Guardian

Posted February 8th, 2019 in consent, divorce, news, time limits by sally

‘No-fault divorces that could replace the protracted courtroom battles couples often face when separating are to be introduced into law.’

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The Guardian, 8th February 2019

Source: www.theguardian.com

RBS sued by Newham council over the terms of £150m in loans – The Guardian

Posted February 7th, 2019 in banking, interest, loans, local government, news, time limits by tracey

‘Newham council is suing Royal Bank of Scotland over the terms of about £150m in complex bank loans, making it the latest UK bank to face a lawsuit over lending terms that critics say piled undue pressure on local services.’

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The Guardian, 6th February 2019

Source: www.theguardian.com

MPs and peers call for end to indefinite detention – The Guardian

‘Indefinite detention in immigration centres is traumatic and the practice should be stopped, with people ideally held for no longer than 28 days, a parliamentary committee has recommended. In a highly critical report, the joint committee on human rights (JCHR), made up of MPs and peers, described the UK’s immigration system as “slow, unfair and expensive to run”, and said detention should be authorised only by decision-makers independent of the Home Office.’

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The Guardian, 7th February 2019

Source: www.theguardian.com

Court allows ‘indulgence’ of adding group claims after deadline – Law Society’s Gazette

Posted February 6th, 2019 in class actions, industrial injuries, news, personal injuries, time limits by tracey

‘The High Court has allowed what it called the “indulgence” of allowing an extra 20 industrial disease cases into a group litigation order – two months after the already-extended deadline for registration had passed.’

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Law Society's Gazette, 5th February 2019

Source: www.lawgazette.co.uk

Protecting Community Protection Notices – UK Police Law Blog

‘A defendant cannot defend himself from prosecution for breach of a Community Protection Notice (‘CPN’), on the basis that the CPN is invalid. The reason, stated in Stannard v The Crown Prosecution Service [2019] EWHC 84 (Admin), is that there is an effective means to challenge the CPN – either by exercising the right of statutory appeal or by judicial review. Allowing a challenge to the validity of the CPN at trial is not what the relevant statute (the Anti-social Behaviour, Crime and Policing Act 2014, ‘the 2014 Act’) intends, nor is it an effective remedy because the person subject to a CPN should not be required to breach a CPN in order to exercise a right to challenge it.’

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UK Police Law Blog, 31st January 2019

Source: ukpolicelawblog.com

Anti-fracking campaigner loses challenge over refusal by inspector to adjourn – Local Government Lawyer

‘A campaigner against fracking has failed in a High Court claim that a planning inspector’s refusal to adjourn an inquiry was a breach of the rules of natural justice.’

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Local Government Lawyer, 4th February 2019

Source: www.localgovernmentlawyer.co.uk

Brexit, Martial Law And Human Rights – Rights Info

‘In recent days it’s been reported that the government is drawing up plans to impose martial law in the event of the UK exiting the EU without a deal. But what does that actually mean and how does it impact our rights?’

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Rights Info, 30th January 2019

Source: rightsinfo.org

Women still have to use their frozen eggs in 10 years – or lose them. Why? – The Guardian

Posted January 28th, 2019 in assisted reproduction, news, pregnancy, time limits by sally

‘The original legal time limit may have been related to technology, but that has changed now, and so should the law.’

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The Guardian, 28th January 2019

Source: www.theguardian.com

Top judge urges family lawyers to curb late emails for sake of wellbeing – Legal Futures

Posted January 25th, 2019 in electronic mail, family courts, judges, news, time limits by tracey

‘Limits on how early or late lawyers can email each may be needed to avoid burn-out given the “remorseless” pressure the system is under, the president of the Family Division has suggested.’

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Legal Futures, 25th January 2019

Source: www.legalfutures.co.uk

Court restores appeal after email over 10MB bounced back – Law Society’s Gazette

‘The Court of Appeal has granted leniency to a litigant whose first attempt at submitting a document failed because the electronic file was too big. In J v K & Anor, Lord Justice Underhill said the appellant, then unrepresented, could not have been expected to know the limits on email submission and his appeal was wrongly dismissed.’

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Law Society's Gazette, 23rd Janaury 2019

Source: www.lawgazette.co.uk

Financial Remedy & Divorce Update, January 2019 – Family Law Week

‘Rose-Marie Drury, Senior Associate, and Sue Brookes, Principal Associate, Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during December 2018.’

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Family Law Week, 11th January 2018

Source: www.familylawweek.co.uk