Category: time limits

Contract administration and notice provisions: mere procedure or condition precedent – Practical Law: Construction Blog

Posted November 29th, 2019 in charterparties, construction industry, contracts, financial dispute resolution, news, notification, time limits by tracey

‘Recent decisions considering time bars and notification provisions have generated considerable commentary and discussion over the last few months. One of these is Boskalis Offshore Marine Contractive BV v Atlantic Marine and Aviation LLP (the “Atlantic Tonjer”) which concerned notification provisions in a payment clause and the timely challenge of disputed invoices before they were due for payment.’

Full Story

Practical Law: Construction Blog, 26th November 2019

Source: constructionblog.practicallaw.com

UK defies UN deadline to return Chagos Islands – The Guardian

Posted November 22nd, 2019 in Chagos Islands, citizenship, colonies, international courts, international law, news, time limits, United Nations by tracey

‘Refusal to return archipelago to Mauritius “lawless” and “reflects colonial mindset” says barrister.’

Full Story

The Guardian, 22nd November 2019

Source: www.theguardian.com

Late Service of Evidence during Stage 3 of the MOJ Protocol – Park Square Barristers

Posted November 19th, 2019 in evidence, news, personal injuries, service, time limits by sally

‘The Claimant, Mr Blair, suffered an accident at work resulting in personal injury. He submitted an EL1 Claims Notification Form, following Stage 1 of the MOJ Protocol for Low Value Employers’ Liability Claims. Liability was admitted. The parties thereafter unsuccessfully attempted to agree damages as part of Stage 2 of the Protocol and the case moved to Stage 3.’

Full Story

Park Square Barristers, 19th November 2019

Source: www.parksquarebarristers.co.uk

Outdated ombudsman rules frustrate consumers – The Guardian

Posted November 18th, 2019 in codes of practice, complaints, consumer protection, delay, news, ombudsmen, time limits by sally

‘Customers are being left out of pocket because of arcane rules that force them to wait eight weeks before they can take unresolved complaints to an ombudsman.’

Full Story

The Guardian, 17th November 2019

Source: www.theguardian.com

Account ForfeitureOrder Notices – The Administrative Method – Drystone Chambers

Posted November 7th, 2019 in accounts, forfeiture, investigatory powers, news, notification, police, proceeds of crime, time limits by sally

‘The idea behind Account Forfeiture Order Notices is that it makes it easier for law enforcement to forfeit recoverable property, or property that is to be used in unlawful conduct, without going to court. The powers should only be used where there is no likelihood that the forfeiture will be objected to. Although these seem simple provisions there are a lot of possible issues, such as the length of notice, who and how it is served, if it is reasonable to serve one in the first place, and if forfeiture occurs, if it can be set aside by an aggrieved party at a later date.’

Full Story

Drystone Chambers, October 2019

Source: drystone.com

Bail changes to be reviewed after suspected rapists, murders and paedophiles released without restrictions – The Independent

Posted November 7th, 2019 in bail, domestic violence, murder, news, police, public interest, rape, sexual offences, statistics, time limits, victims, violent offenders by tracey

‘Bail changes made by the Conservative government are being reviewed after the release of thousands of suspected violent criminals, paedophiles and rapists.’

Full Story

The Independent, 6th November 2019

Source: www.independent.co.uk

Nationally significant infrastructure projects – hot topics seminar High Court challenges – current issues – Landmark Chambers

Posted October 31st, 2019 in environmental protection, news, planning, time limits by sally

‘This talk is billed as “current issues” in respect of High Court challenges to Nationally Significant Infrastructure Projects (“NSIPS”). However, given the limited number of challenges that have in fact been brought under the Planning Act 2008 (“the 2008 Act”) regime, we have sought to draw out themes arising from those challenges which have been decided by the courts and the lessons to be learnt from those cases.’

Full Story

Landmark Chambers, 1st October 2019

Source: www.landmarkchambers.co.uk

Appellant loses High Court challenge over ruling that she was out of time to bring homelessness appeal – Local Government Lawyer

Posted October 31st, 2019 in appeals, homelessness, housing, news, time limits by sally

‘A woman who travelled to Mauritius to see her father after he had suffered a stroke has lost her appeal against an order by a County Court judge refusing her application for permission to bring an appeal out of time over a council’s decision that it had discharged its housing duty.’

Full Story

Local Government Lawyer, 30th Octobe 2019

Source: www.localgovernmentlawyer.co.uk

Bath Hill Court v Coletta [2019] EWCA CIV 1707 – Old Square Chambers

Posted October 30th, 2019 in appeals, compensation, employment tribunals, limitations, minimum wage, news, remuneration, statutory interpretation, time limits by sally

‘In an important decision, the Court of Appeal in Bath Hill Court v Coletta has held that, in an unauthorised deduction of wages claim for non payment of the national minimum wage in the ET, there is no backstop on the recovery of deductions, enabling Mr Coletta to claim 15 years’ worth of losses.’

Full Story

Old Square Chambers, 17th October 2019

Source: www.oldsquare.co.uk

Frozen eggs storage 10-year limit ‘should be changed’ – BBC News

Posted October 28th, 2019 in medical treatment, news, pregnancy, time limits by tracey

‘There is no scientific reason for the 10-year limit on storage of frozen eggs, which is forcing some women to destroy them before they are ready to become parents, say fertility experts. Under UK law, only eggs stored for medical reasons and premature infertility can be kept for longer. The regulator says any change would be a matter for parliament.’

Full Story

BBC News, 28th October 2019

Source: www.bbc.co.uk

‘Hot courting’ is causing havoc, says criminal bar – Law Society’s Gazette

Posted October 23rd, 2019 in barristers, courts, criminal justice, Crown Prosecution Service, delay, fees, news, time limits, trials by tracey

‘So-called “hot courting” is delaying trials and fuelling job insecurity for barristers, the criminal bar has warned. Caroline Goodwin QC, chair of the Criminal Bar Association, said that the practice of different judges using the same courtroom back-to-back has caused backlogs of cases – just for the sake of “saving electric”.’

Full Story

Law Society's Gazette, 22nd October 2019

Source: www.lawgazette.co.uk

Imprisoned former LiP fails Denton test over appeal four months late – Law Society’s Gazette

Posted October 22nd, 2019 in appeals, delay, freezing injunctions, injunctions, litigants in person, news, notification, time limits by tracey

‘Lawyers have become used to running the gauntlet of the Denton test for relief from sanctions – but now the yardstick for out-of-time applications has resulted in a litigant staying behind bars.’

Full Story

Law Society's Gazette, 22nd October 2019

Source: www.lawgazette.co.uk

News ‘Perverse’ MoD legal reforms will harm troops’ rights, warn lawyers – Law Society’s Gazette

Posted October 15th, 2019 in armed forces, civil justice, compensation, consultations, human rights, limitations, murder, news, personal injuries, time limits by tracey

‘Legal experts have warned that the government’s plans to restrict claims against the Ministry of Defence are also framed to stop service personnel seeking justice for mistreatment.’

Full Story

Law Society's Gazette, 14th October 2019

Source: www.lawgazette.co.uk

Applications to the Court of Protection: The Notification Process – Family Law

Posted October 11th, 2019 in Court of Protection, deputyship, news, notification, time limits by tracey

‘The Court of Protection is unable to make a Deputyship order unless the appropriate notification process has been followed by the applicant.’

Full Story

Family Law, 10th October 2019

Source: www.familylaw.co.uk

Divorcing couples: beware the capital gains tax trap – OUT-LAW.com

Posted October 10th, 2019 in capital gains tax, divorce, matrimonial home, news, penalties, sale of land, time limits by tracey

‘A change to the capital gains tax (CGT) rules from April 2020 means divorcing or separating couples in the UK will have a shorter period of time in which to sell their interest in the family home without being hit by tax penalties.’

Full Story

OUT-LAW.com, 8th October 2019

Source: www.pinsentmasons.com

Unlicensed HMO and date of offence – Nearly Legal

Posted October 8th, 2019 in houses in multiple occupation, landlord & tenant, limitations, news, time limits by tracey

‘Luton Borough Council v Altavon Luton Ltd & Ors (2019) EWHC 2415 (Admin). An appeal by way of case stated from a DJ’s decision at Luton Magistrates. The sole issue was whether the informations in the case had been laid within 6 months “from the time when the offence was committed, or the matter of complaint arose.” (Section 127 of the Magistrates’ Court Act 1980.)’

Full Story

Nearly Legal, 6th October 2019

Source: nearlylegal.co.uk

Krishan Nadesan: Asking the Impossible: Benn, Kinnock and Extending Article 50 – UK Constitutional Law Association

Posted October 2nd, 2019 in amendments, bills, brexit, constitutional law, EC law, ministers' powers and duties, news, statutory duty, statutory interpretation, time limits, treaties by sally

‘Boris Johnson seems caught in an impossible bind. The European Union (Withdrawal) (No. 2) Act – the Benn Act for short – obliges him to seek an extension of Article 50 on 19 October. He can extend, honour the law, but break his promises. He can refuse to extend, honour his promises, but break the law. Or he can resign. The Benn Act appears to trap the Prime Minister between these unpalatable options. Nevertheless, he may be able to escape. For the Act may ask the impossible.’

Full Story

UK Constitutional Law Association, 1st October 2019

Source: ukconstitutionallaw.org

Majority of care cases continue to miss 26-week deadline – Law Society’s Gazette

Posted September 27th, 2019 in care orders, children, delay, divorce, electronic filing, families, family courts, Ministry of Justice, news, pilot schemes, statistics, time limits by tracey

‘The average time it takes to conclude care proceedings remains significantly high, according to latest quarterly statistics published today. Figures released by the Ministry of Justice, covering April to June, show that the average time for a care and supervision case to reach first disposal remained the same as it did for January to March – 33 weeks. This is the longest average time since the last quarter of 2013.’

Full Story

Law Society's Gazette, 26th September 2019

Source: www.lawgazette.co.uk

Borough council wins appeal over ‘continuing offence’ in HMO case – Local Government Lawyer

Posted September 19th, 2019 in appeals, housing, local government, news, time limits by tracey

‘A ‘continuing’ offence is not time-barred from prosecution by when it was first noted, the High Court has said in an appeal brought by Luton Borough Council.’

Full Story

Local Government Lawyer, 19th September 2019

Source: www.localgovernmentlawyer.co.uk

Lawyers accuse BA of ‘swerving responsibility’ for data breach after time limit is imposed for compensation claims – Daily Telegraph

Posted September 13th, 2019 in airlines, class actions, climate change, compensation, data protection, demonstrations, interception, news, time limits, victims by tracey

‘British Airways has been accused of “swerving responsibility” for a massive data breach by trying to limit compensation payouts for victims, lawyers claim.’

Full Story

Daily Telegraph, 12th September 2019

Source: www.telegraph.co.uk