time limits – Page 10 – Current Awareness

Principles to be considered in respect of Applications for Adjournment or for Extension of Time during the COVID-19 Pandemic – Henderson Chambers

Posted April 28th, 2020 in adjournment, coronavirus, news, time limits by sally

‘In Municipo de Mariana & Ors v BHP Group PLC & Ors ([2020] EWHC 928 (TCC)) His Honour Judge Eyre QC set out the principles to be applied by the Court when considering applications to extend time for compliance with directions or for the adjournment of hearings in the context of the challenges posed by the COVID-19 pandemic. These principles provide a helpful framework for parties seeking to make such applications.’

Henderson Chambers, 24th April 2020

Source: www.hendersonchambers.co.uk

PI protocol extended after hundreds sign up – Litigation Futures

Posted April 21st, 2020 in coronavirus, law firms, limitations, news, personal injuries, time limits by sally

‘The protocol aimed at cutting out opportunistic tactics by either claimants or defendants in personal injury (PI) cases during the Covid-19 pandemic has been extended to at least 20 May.’

Litigation Futures, 20th April 2020

Source: www.litigationfutures.com

Limitation and Time Limits in Civil Litigation: Implications of Covid 19 – 23 Essex Street

Posted April 17th, 2020 in chambers articles, civil justice, coronavirus, limitations, news, sanctions, time limits by sally

‘Whilst legislation is being rushed through dealing with significant aspects of work undertaken by the legal profession, addressing major societal issues such as housing, crime and the need to conduct hearings remotely, there are many more areas directly impacted by the current circumstances that have not / cannot be legislated for. This article considers the effect of the pandemic on statutory limitation periods and applications for relief from sanctions.’

23 Essex Street, 9th April 2020

Source: www.23es.com

Tom Hickman: Eight ways to reinforce and revise the lockdown law – UK Constitutional Law Association

Posted April 16th, 2020 in constitutional law, coronavirus, emergency powers, enforcement, freedom of movement, government departments, human rights, limitations, news, parliament, proportionality, time limits by sally

‘The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 and the counterpart regulations in Wales, Northern Ireland and Scotland, impose the most drastic restrictions on liberty ever seen in the United Kingdom. On 16 April 2020 they reach their first review point and it is a clear that they will be continued, probably initially for a further period of three weeks and thereafter quite likely for a much longer period either in their current form or in modified form.’

UK Constitutional Law Association, 16th April 2020

Source: ukconstitutionallaw.org

Proposed amendments to the Human Rights Act to disadvantage UK war crimes victims – Oxford Human Rights Hub

Posted April 8th, 2020 in armed forces, bills, compensation, human rights, news, time limits, war crimes by sally

‘On 18 March 2020, the UK Minister for Defence introduced into the UK Parliament his promised package of new legislation designed to ‘protect veterans’. Entitled the Overseas Operations (Service Personnel and Veterans) Bill, the proposed laws would amend the UK’s Human Rights Act 1998 (HRA) in ways that impact on its human rights obligations, including under the European Convention on Human Rights (ECHR).’

Oxford Human Rights Hub, 6th April 2020

Source: ohrh.law.ox.ac.uk

Tribunal stays information rights cases for 28 days – Local Government Lawyer

Posted April 6th, 2020 in coronavirus, data protection, delay, freedom of information, news, time limits, tribunals by sally

‘The First-Tier Tribunal General Regulatory Chamber (Information Rights) has – with immediate effect – stayed for a period of 28 days all proceedings under section 48 of the Data Protection Act 1998, section 162 of the Data Protection Act 2018 and section 57 of the Freedom of Information Act 2000.’

Local Government Lawyer, 3rd April 2020

Source: www.localgovernmentlawyer.co.uk

New PD allows parties to agree longer extension of time – Litigation Futures

Posted April 3rd, 2020 in civil procedure rules, coronavirus, news, practice directions, time limits by sally

‘The Civil Procedure Rule Committee has issued a practice direction allowing parties to agree longer extensions of time to comply with procedural time limits due to the coronavirus.’

Litigation Futures, 2nd April 2020

Source: www.litigationfutures.com

Coronavirus and detention under the Mental Health Act – Doughty Street Chambers

Posted April 1st, 2020 in chambers articles, consent, coronavirus, detention, medical treatment, mental health, news, proportionality, statutory interpretation, time limits, Wales by sally

‘The Coronavirus Act 2020 (CA 2020) has now been passed. However not all the provisions have yet come into force. Many of the provisions (including the amendments to the Mental Health Act 1983 (MHA) and to the Care Act 2014) will come into force on a day appointed by a Minister according to regulations. Once in force, a part of the Act could also be suspended and revived. For further details on this, see our earlier post here.’

Doughty Street Chambers, 30th March 2020

Source: insights.doughtystreet.co.uk

Coronavirus – new forms 3 and 6A for s8 and s21 – Nearly Legal

Posted March 30th, 2020 in coronavirus, drafting, housing, landlord & tenant, news, notification, repossession, time limits by sally

‘Now that the Coronavirus Act is in force (as of today 26 March 2020), the three month notice period applies to assure and assured shorthold tenancies (as well as secure, introductory, etc).’

Nearly Legal, 26th March 2020

Source: nearlylegal.co.uk

Is Covid-19 Changing How We Think About Criminal Justice Reform? – Each Other

Posted March 27th, 2020 in barristers, codes of practice, coronavirus, courts, criminal justice, delay, health, health & safety, juries, live link evidence, news, prisons, time limits by sally

‘Barrister Tim Kiely examines the unexpected changes taking place within the criminal justice system amid the Covid-19 outbreak.’

Each Other, 26th March 2020

Source: eachother.org.uk

PI industry protocol aims to prevent Covid-19 game-playing – Litigation Futures

Posted March 25th, 2020 in civil procedure rules, coronavirus, insurance, limitations, news, personal injuries, time limits by sally

‘A protocol aimed at cutting out opportunistic tactics by either claimants or defendants in personal injury (PI) cases during the Covid-19 pandemic has been unveiled by leading claimant firm Thompsons and the Association of British Insurers (ABI).’

Litigation Futures, 25th March 2020

Source: www.litigationfutures.com

Bill sets five-year limit to prosecute UK armed forces who served abroad – The Guardian

Posted March 18th, 2020 in armed forces, bills, criminal justice, human rights, limitations, news, prosecutions, time limits by sally

‘A five-year time limit on bringing prosecutions against soldiers and veterans who have served abroad – except in “exceptional circumstances” – is to be imposed under legislation introduced by the government.’

The Guardian, 18th March 2020

Source: www.theguardian.com

Martha Timbo v The Mayor and Burgess of the London Borough of Lambeth [2019] EWHC 1396 (Ch) – Tanfield Chambers

Posted March 18th, 2020 in chambers articles, delay, forfeiture, landlord & tenant, leases, local government, news, repossession, service charges, time limits by sally

‘In a claim for relief from forfeiture the High Court refused to order relief where there was no good reason for delay beyond 6 months from re-entry, whether this resulted in a windfall for the landlord was irrelevant to the question of promptness.’

Tanfield Chambers, 25th February 2020

Source: www.tanfieldchambers.co.uk

Case highlights need for certainty in out of hours administration appointments – OUT-LAW.com

Posted March 9th, 2020 in administrators, chambers articles, company directors, electronic filing, insolvency, news, time limits by tracey

‘The High Court ruled that it is not permissible for a notice of appointment of administrators by the directors of a company to be e-filed out of court hours. The court ruled that the defect was curable and that the appointment took effect at the time the court opened for business the next working day. This judgment adds to the growing number of conflicting cases about the validity and time of the appointment when notices are e-filed out of hours.

OUT-LAW.com, 6th March 2020

Source: www.pinsentmasons.com

The traps in the Divorce etc Bill that could cause as much harm as finding fault – Family Law

Posted March 5th, 2020 in bills, divorce, news, notification, time limits by tracey

‘Traditional marriage etiquette recommends sending out wedding invitations 6-8 weeks before the big day. Under the proposed new divorce reform, a spouse might have the same amount of notice of the ending of their marriage.’

Family Law, 5th March 2020

Source: www.familylaw.co.uk

Egg freezing laws not fit for purpose and force women into ‘heartbreaking’ scenario of destroying eggs – The Independent

Posted February 27th, 2020 in assisted reproduction, embryology, human rights, news, time limits by tracey

‘The UK law on egg freezing is not fit for purpose and can force women into the “heartbreaking” scenario of having their frozen eggs destroyed, leading medical organisations have warned.’

The Independent, 27th February 2020

Source: www.independent.co.uk

Why does my BRP expire on 31/12/2024? – Richmond Chambers

Posted February 11th, 2020 in identity cards, immigration, news, time limits by sally

‘If you have been granted indefinite leave to remain (ILR) in the past few years, you will probably have been issued with a Biometric Residence Permit (BRP) with an expiry date of 31 December 2024.’

Richmond Chambers, 7th February 2020

Source: immigrationbarrister.co.uk

High Court Rules Prior-Approval Time Limits CAN be Extended by Agreement – Francis Taylor Building

Posted February 11th, 2020 in news, planning, time limits by sally

‘In a thorough judgment, which contains a careful and detailed analysis of the relevant statutory provisions, Holgate J accepts the Secretary of State’s submission that Article 7 of the Town and Country Planning (General Permitted Development) (England) Order 2015 permits applicants and local planning authorities to agree extensions of time for the determination of such applications in writing. In doing so, he expressly disapproves of the decision of Mr Mark Ockelton (sitting as a Deputy Judge of the High Court) in R (Warren Farm (Wokingham) Limited) v Wokingham Borough Council [2019] EWHC 2007 (Admin), which he has held “should not be followed”.’

Francis Taylor Building, 31st January 2020

Source: www.ftbchambers.co.uk

Frozen-egg storage 10-year limit ‘could be extended’ – BBC News

Posted February 11th, 2020 in assisted reproduction, embryology, human tissue, news, time limits by sally

‘The period of time for which eggs, sperm and embryos can be frozen could be extended, as the government calls for views on the current 10-year limit.’

BBC News, 11th February 2020

Source: www.bbc.co.uk

How Plans To Triple The Police Bail Time Limit Could Affect Your Rights – Each Other

Posted February 10th, 2020 in bail, domestic violence, human rights, investigatory powers, news, police, sexual offences, time limits, victims by sally

‘The length of time suspects could be bailed without being charged with a crime could be trebled under government plans.’

Each Other, 7th February 2020

Source: eachother.org.uk

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