Category: time limits

KNN Colburn LLP v GD City Holdings Ltd – WLR Daily

Posted October 8th, 2013 in electronic mail, law reports, time limits by sally

KNN Colburn LLP v GD City Holdings Ltd [2013] EWHC 2879 (QB); [2013] WLR (D) 369

“A referral notice that was not accompanied by copies of relevant extracts from the contract and other such documents on which the referring party intended to rely was sufficient to start time running for the purposes of the time limit set out in paragraph 19(1) of the Scheme for Construction Contracts set out in the Schedule to the Scheme for Construction Contracts (England and Wales) Regulations 1998.”

WLR Daily, 2nd October 2013

Source: www.iclr.co.uk

Polyelectrolyte Producers Group GEIE (PPG) and another v European Chemicals Agency (ECHA), Kingdom of Netherlands and another, intervening – WLR Daily

Posted October 7th, 2013 in appeals, EC law, internet, interpretation, law reports, publishing, time limits by sally

Polyelectrolyte Producers Group GEIE (PPG) and another v European Chemicals Agency (ECHA), Kingdom of Netherlands and another, intervening (Case C-626/11P); [2013] WLR (D) 365

“Where the period of time allowed for commencing proceedings against a measure adopted by an European Union institution ran from the publication of that measure, the provisions of rule 102(1) of the Rules of Procedure of the General Court whereby that period was to be calculated from the end of the 14th day after publication in the Official Journal of the European Union, applied to any published measure irrespective of the means of publication.”

WLR Daily, 26th September 2013

Source: www.iclr.co.uk

General Medical Council too late with child sex abuse complaint, rules High Court – UK Human Rights Blog

Posted September 30th, 2013 in child abuse, codes of practice, complaints, criminal procedure, doctors, human rights, news, professional conduct, public interest, time limits by sally

“The High Court has strongly affirmed the prohibition against the pursuit of long delayed complaints against doctors in regulatory proceedings. The prohibition arose from the General Medical Council’s own procedural rules. It applied even where the allegations were of the most serious kind, including sexual misconduct, and could only be waived in exceptional circumstances and where the public interest demanded. The burden was upon the GMC to establish a sufficiently compelling public interest where allegations had already been thoroughly investigated by the competent authorities such as the police and social services.”

Full story

UK Human Rights Blog, 26th September 2013

Source: www.ukhumanrightsblog.com

Nigel Kennedy escapes prosecution over fraud claims – Daily Telegraph

Posted September 6th, 2013 in elections, fraud, news, prosecutions, time limits by tracey

“A Conservative MP has called for voting crimes to be punished retrospectively after it emerged that Nigel Kennedy, the violinist, will not face prosecution for alleged electoral fraud.”

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Daily Telegraph, 6th September 2013

Source: www.telegraph.co.uk

Council must pay compensation as Ombudsman find faults in planning permission process – OUT-LAW.com

Posted August 30th, 2013 in civil procedure rules, news, proportionality, sanctions, time limits by sally

“The Local Government Ombudsman has said that a local authority failed properly to assess an application for planning permission against planning policies and has ordered that compensation be paid to householders.”

Full story

OUT-LAW.com, 29th August

Source: www.out-law.com

No time to lose: Delay and challenges to public procurement – Hardwicke Chambers

Posted August 22nd, 2013 in appeals, contracting out, delay, local government, news, public procurement, time limits by sally

“If you want to challenge a decision to do with public procurement, time is of the essence. The Court of Appeal has reiterated this warning in one of its last decisions of the term: R (Nash) v Barnet LBC [2013] EWCA Civ 1004.”

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Hardwicke Chambers, 8th August 2013

Source: www.hardwicke.co.uk

Separate extensions to software licensing deal transferred in liquidation deemed valid and invalid by High Court – OUT-LAW.com

Posted August 20th, 2013 in computer programs, contracts, insolvency, licensing, news, time limits by tracey

“A software licensing arrangement transferred as a result of a voluntary liquidation continued to apply for six months beyond the end of the initial contract period but an additional longer extension to that contract could not be implied, the High Court has ruled.”

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OUT-LAW.com, 20th August 2013

Source: www.out-law.com

Better Late than Never? – NearlyLegal

Posted August 19th, 2013 in appeals, homelessness, housing, human rights, local government, news, time limits by tracey

“Peake v LB Hackney  is another cautionary tale about the importance of lodging statutory homelessness appeals within the 21 day limit.”

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NearlyLegal, 18th August 2013

Source: www.nearlylegal.co.uk/blog/

Regina (Nash) v Barnet London Borough Council – WLR Daily

Posted August 14th, 2013 in administrators, delay, fiduciary duty, judicial review, law reports, local government, time limits by sally

Regina (Nash) v Barnet London Borough Council [2013] EWCA Civ 1004; [2013] WLR (D) 335

“A local authority’s duty to consult under section 3(2) of the Local Government Act 1999 arose at a formative stage of the relevant process when the authority made arrangements to secure continuous improvement in the way in which its functions were exercised within section 3(1) of the Act. For the purposes of CPR r 54.5, a judicial review claim challenging the authority’s lack of consultation had to be brought within three months of the date when the grounds to make the claim had first arisen. That was the date the defendant authority had taken the decision to enter the procurement process for outsourcing, and since the claim had not been issued until the decision to enter into the contracts had been taken, it was out of time.”

WLR Daily, 2nd August 2013

Source: www.iclr.co.uk

Parties to litigation must be aware of courts’ “strict and robust approach” to new costs rules, says expert – OUT-LAW.com

Posted August 14th, 2013 in arbitration, case management, civil procedure rules, costs, news, time limits by sally

“Parties to civil court litigation must ensure that they file and exchange costs budgets no later than seven days before the first case management conference or risk strict penalties under the new costs management regime, an expert has said.”

Full story

OUT-LAW.com, 13th August 2013

Source: www.out-law.com

Home Office monitored over Freedom Of Information delays – BBC News

Posted August 12th, 2013 in delay, freedom of information, government departments, news, time limits by sally

“The Home Office is to be monitored for three months over concerns it takes too long to respond to Freedom of Information requests.”

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BBC News, 9th August 2013

Source: www.bbc.co.uk

Regina v Chapman – WLR Daily

Posted August 1st, 2013 in amendments, appeals, confiscation, law reports, proceeds of crime, sentencing, time limits by sally

Regina v Chapman [2013] EWCA Crim 1370; [2013] WLR (D) 318

“Once an appeal had been constituted by filing a notice of appeal in time or by obtaining an extension of time from the court, the order of the court below was subject to review and not final and the court could not justify refusing to allow the defendant to take advantage of a change in the law which occurred between the filing of the notice of appeal and the hearing itself.”

WLR Daily, 29th July 2013

Source: www.iclr.co.uk

In re Tulane Education Fund; Tulane Education Fund v Comptroller General of Patents – WLR DAily

Posted August 1st, 2013 in appeals, fees, law reports, patents, time limits, ultra vires by sally

In re Tulane Education Fund; Tulane Education Fund v Comptroller General of Patents [2013] EWCA Civ 890; [2013] WLR (D) 315

“Paragraph 5 of Schedule 4A of the Patents Act 1977, rule 116 of the Patents Rules 2007 and rule 6 of the Patents (Fees) Rules 2007 imposed a regime for the payment of annual fees in accordance with article 12 of Council Regulation (EEC) No 1768/92 and Council Regulation (EC) No 469/2009. The reference to Council Regulation (EEC) No 1768/92 in section 128B of the 1977 Act could be construed as a reference to the Council Regulation (EC) No 469/2009.”

WLR Daily, 24th July 2013

Source: www.iclr.co.uk

Red Cap’s family sues MoD for negligence over his death in Iraq – The Guardian

Posted August 1st, 2013 in armed forces, human rights, Iraq, negligence, news, time limits by sally

“The family of a Royal Military Police officer killed by a crowd of Iraqis is suing the Ministry of Defence for negligence.”

Full story

The Guardian,

Source: www.guardian.co.uk

Home Secretary extends consultation into use of stop and search – Home Office

Posted July 31st, 2013 in consultations, news, police, stop and search, time limits by sally

“Members of the public given an extra six weeks to have their say on stop and search after consultation extended to 24 September.”

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Home Office, 30th July 2013

Source: www.gov.uk/home-office

ATE providers and unions – authors of their own misfortune? – Halsbury’s Law Exchange

Posted July 31st, 2013 in costs, insurance, legal aid, news, third parties, time limits, trade unions by sally

“We all know the gravy train is coming to an end. With the abolition of inter partes recovery of After the Event (ATE) premiums and equivalents, ATE providers and unions are scrambling to fill the void in their coffers this will create. Recently, there has been outrage at the suggestion that retrospective reform should be introduced to limit the recoverability of pre 1 April ATE premiums and equivalents, imposing a finite timescale. But is this really justified, or are the ATE providers and union funders bringing such measures on themselves by their disproportionate attitude to the quantum of premiums?”

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Halsbury’s Law Exchange, 30th July 2013

Source: www.halsburyslawexchange.co.uk

R (on the application of Modaresi) (FC) (Appellant) v Secretary of State for Health (Respondent) – Supreme Court

Posted July 29th, 2013 in administrators, detention, human rights, law reports, mental health, ministers' powers and duties, time limits by sally

R (on the application of Modaresi) (FC) (Appellant) v Secretary of State for Health (Respondent) [2013] UKSC 53 | UKSC 2012/0069 (YouTube)

Supreme Court, 24th July 2013

Source: www.youtube.com/user/UKSupremeCourt

Regina v Bestel; Regina v Raza; Regina v Bashir – WLR Daily

Posted July 23rd, 2013 in appeals, confiscation, law reports, sentencing, time limits by tracey

Regina v Bestel;  Regina v Raza;  Regina v Bashir [2013] EWCA Crim 1305 ; [2013] WLR (D) 296

“A change in the law since the date of conviction or plea of guilty was not regarded as good reason for granting an extension of time in which to appeal unless substantial injustice would follow from application of the principle of finality. In cases in which the benefit from criminal conduct had been assessed on a basis which was, if considered in the light of a change in the law, disproportionate, substantial injustice would not be established if an application to the Crown Court for rescission of the confiscation order would ameliorate the stringency of the application of the finality principle.”

WLR Daily, 19th July 2013

Source: www.iclr.co.uk

Permission to amend after expiry of time limits – and an unfair hearing – UK Human Rights Blog

Posted July 19th, 2013 in amendments, appeals, civil procedure rules, news, planning, time limits by sally

“There is a curious if not bizarre set of anomalies about planning and environmental challenges. Where they involve an attack on a decision by the Secretary of State (typically in respect of a decision by a planning inspector after inquiry), the route is via section 288 of the Town & Country Planning Act 1990. There is a strict 6 week time limit, with no discretion to extend – but no need for permission to apply as in judicial review. But where there is a challenge to any other decision, the time limit (at the moment) is 3 months, with discretion to extend – but also a discretion to disallow if the application was not ‘prompt’ even within the 3 months (see my post on this last point) and the permission hurdle to clear.”

Full story

UK Human Rights Blog, 18th July 2013

Source: www.ukhumanrightsblog.com

Appeal court criticises SRA as it raises possibilty of more time to challenge interventions – Legal Futures

Posted July 19th, 2013 in appeals, human rights, news, Solicitors Regulation Authority, time limits by sally

“There may be circumstances in which the eight-day period solicitors have to challenge interventions into their practices should be extended, the Court of Appeal has suggested.”

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Legal Futures, 19th July 2013

Source: www.legalfutures.co.uk