Category: time limits

Equal pay claims: should equal pay claims be brought in an ordinary court? – Halsbury’s Law Exchange

Posted November 20th, 2012 in courts, employment tribunals, equal pay, news, time limits by sally

“As Harvey points out in Division K, there have been inconsistent decisions over the last year on whether equal pay claims can be brought in an ordinary court, the obvious point being that in a tribunal a claimant must claim within six months of leaving the employment whereas in a court action the limitation period would be six years.”

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Halsbury’s Law Exchange, 19th November 2012

Source: www.halsburyslawexchange.co.uk

Regina (Preston) v Wandsworth London Borough Council and another – WLR Daily

Posted October 30th, 2012 in EC law, elections, freedom of movement, law reports, time limits by sally

Regina (Preston) v Wandsworth London Borough Council and another [2012] EWCA Civ 1378 ; [2012] WLR (D) 295

“A British citizen who had not been resident in the United Kingdom for over 15 years could not vote in the United Kingdom parliamentary election within the meaning of section 1(3) of the Representation of the People Act 1985, as amended. The statutory rule disenfranchising a citizen who had not resided in the UK for 15 years (‘the 15 year rule’) did not infringe the freedom of European Union citizens to move to other member states of the union.”

WLR Daily, 25th October 2012

Source: www.iclr.co.uk

Abdulla and others v Birmingham City Council – WLR Daily

Posted October 30th, 2012 in contract of employment, employment tribunals, equal pay, law reports, local government, sex discrimination, Supreme Court, time limits by sally

Abdulla and others v Birmingham City Council [2012] UKSC 47; [2012] WLR (D) 294

“A claim in respect of the operation of an equality clause in a contract of employment could never more conveniently be disposed of by an employment tribunal, rather than a court, if the tribunal would not be able to determine the claim on its merits because the limitation period applicable in the tribunal had expired.”

WLR Daily, 24th October 2012

Source: www.iclr.co.uk

BCL No.2: The Supreme Court addresses time limits in follow-on claims – Competition Bulletin from Blackstone Chambers

Posted October 29th, 2012 in appeals, competition, damages, news, Supreme Court, time limits by sally

“The White Paper which first proposed follow-on damages claims promised a ‘swift’ and ‘streamlined’ procedure. The idea was that when a regulator had made an infringement finding, there would be a simple way for victims to claim damages without having to prove the infringement afresh.”

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Competition Bulletin from Blackstone Chambers, 28th October 2012

Source: www.competitionbulletin.com

Mediation is the future, Falconer says – Law Society’s Gazette

Posted October 25th, 2012 in arbitration, equal pay, news, time limits by sally

“The Supreme Court’s equal pay ruling yesterday will lead to ‘billions and billions worth of claims’ Labour’s former lord chancellor has predicted. Lord Falconer … suggested that such claims be mediated rather than leaving them to the ‘vagaries of the legal system’, which he said would be costly and could take years.”

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Law Society’s Gazette, 25th October 2012

Source: www.lawgazette.co.uk

Mau mau torture claims against Foreign Office not time barred rules High Court – UK Human Rights Blog

Posted October 8th, 2012 in colonies, Kenya, news, time limits, torture by sally

“Although any claims regarding alleged acts of torture on Kenyan detainees during the 1950s state of emergency are technically time barred the High Court has allowed three of the claims to go ahead.”

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UK Human Rights Blog, 5th October 2012

Source: www.ukhumanrightsblog.com

Mau Mau uprising: Kenyans win UK torture ruling – BBC News

Posted October 5th, 2012 in armed forces, colonies, Kenya, news, time limits, torture by tracey

“Three Kenyans who were tortured by British colonial authorities can proceed with their legal claims against the UK government, a court has ruled.”

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BBC News, 5th October 2012

Source: www.bbc.co.uk

Mau Mau torture court ruling awaited by Kenyans – BBC News

Posted October 5th, 2012 in armed forces, colonies, Kenya, news, time limits, torture by tracey

“Three Kenyans once tortured by British colonial authorities are to learn if they can proceed with their legal claims against the British government.”

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BBC News, 5th October 2012

Source: www.bbc.co.uk

Jimmy Savile abuse allegations: next legal steps – The Guardian

Posted October 3rd, 2012 in BBC, child abuse, criminal justice, news, public interest, rape, sexual offences, time limits by sally

“Police should investigate whether anyone else should be charged in relation to rape and sexual abuse allegations.”

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The Guardian, 3rd October 2012

Source: www.guardian.co.uk

In re Euromaster Ltd – WLR Daily

Posted September 7th, 2012 in administrators, insolvency, law reports, time limits by tracey

In re Euromaster Ltd: [2012] EWHC 2356 (Ch);   [2012] WLR (D)  258

“If the appointment of an administrator was made in breach of the restriction in paragraph 28(2) of Schedule B1 to the Insolvency Act 1986, the appointment was irregular, but valid. In the case of an irregular (as opposed to a void) appointment of administrators the position was governed by rule 7.55 of the Insolvency Rules 1986.”

WLR Daily, 10th August 2012

Source: www.iclr.co.uk

Two Articles on Local Government Law – 11 KBW

Posted July 31st, 2012 in contract of employment, local government, news, time limits by sally

Local Government Law Update: 30 July (PDF)
Local Government Law Update: 30 July (PDF)

11 KBW, July 2012

Source: www.11kbw.com

Women sue the Met over handling of sexual assault cases – The Guardian

Posted July 23rd, 2012 in human rights, inquiries, news, police, rape, sexual offences, time limits, victims by tracey

“Women who say they were let down by the Metropolitan police when they reported rape and sexual assault, including two who were attacked by the taxi driver John Worboys, are suing the force. The women are attempting to establish that police who fail to investigate such crimes properly are violating victims’ human rights.”

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The Guardian, 20th July 2012

Source: www.guardian.co.uk

Veterans of 1950s Mau Mau uprising in Kenya seek UK damages – BBC News

Posted July 16th, 2012 in colonies, Kenya, news, time limits, torture by sally

“Three Kenyans who allege they were tortured by the British colonial authorities during the 1950s Mau Mau uprising, are to begin a damages case at the High Court in London later.”

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BBC News, 16th July 2012

Source: www.bbc.co.uk

High court slams means-test delays – Law Society’s Gazette

Posted July 4th, 2012 in costs, courts, delay, legal aid, news, time limits by sally

“The High Court has condemned the current system of means testing in magistrates’ court and called on the Ministry of Justice to take urgent action to cut ‘unacceptable’ delays.”

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Law Society’s Gazette, 3rd July 2012

Source: www.lawgazette.co.uk

Hutton and others v Criminal Injuries Compensation Authority – WLR Daily

Posted June 20th, 2012 in appeals, criminal injuries compensation, homicide, law reports, time limits by sally

Hutton and others v Criminal Injuries Compensation Authority [2012] EWCA Civ 806; [2012] WLR (D) 176

“‘Particular circumstances’ in para 18 of the Criminal Injuries Compensation Scheme 2001, which provided that a claims officer could waive the two-year time limit within which claims for compensation in respect of criminal injury should be brought pursuant to the scheme, meant the actual or distinct circumstances of the individual case, not special circumstances in the sense of being unusual or extraordinary circumstances.”

WLR Daily, 14th June 2012

Source: www.iclr.co.uk

Freetown Ltd v Assethold Ltd – WLR Daily

Posted May 28th, 2012 in appeals, law reports, party walls, service, surveyors, time limits by sally

Freetown Ltd v Assethold Ltd [2012] EWHC 1351 (QB); [2012] WLR (D) 162

“Service of a surveyor’s award sent by post, pursuant to section 15(1) of the Party Wall etc Act 1996, was effected when the award was consigned to the post.”

WLR Daily, 21st May 2012

Source: www.iclr.co.uk

Time and time again: Article 6 to the rescue – UK Human Rights Blog

Posted May 28th, 2012 in extradition, human rights, news, time limits by sally

“Last week Rosalind English did a summary post on the important Supreme Court case of Lukaszewski and others, R (on the application of Halligen) v Secretary of State for the Home Department [2012] UKSC 20 – read judgement. The technicalities of this decision about extradition time limits are set out in her post. Here, I explore the potential implications for other cases.”

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UK Human Rights Blog, 28th May 2012

Source: www.ukhumanrightsblog.com

You gotta fight for your employment rights – The Guardian

Posted May 24th, 2012 in employment, news, time limits, unfair dismissal by sally

“The ‘fire at will’ employment proposals may have been doused, but that doesn’t mean employees are safe. They still have to fight their corner when it comes to dismissals.”

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The Guardian, 24th May 2012

Source: www.guardian.co.uk

Pomiechowski v District Court of Legunica, Poland; Lukaszewski v District Court in Torun, Poland; Rozanski v Regional Court 3 Penal Department, Poland; Regina (Halligen) v Secretary of State for the Home Department – WLR Daily

Posted May 24th, 2012 in appeals, extradition, law reports, Supreme Court, time limits by sally

Pomiechowski v District Court of Legunica, Poland; Lukaszewski v District Court in Torun, Poland; Rozanski v Regional Court 3 Penal Department, Poland; Regina (Halligen) v Secretary of State for the Home Department [2012] UKSC 20; [2012] WLR (D) 158

“When a notice of appeal against an extradition decision had an irregularity which could be cured by amendment and the circumstances merited that, the court had jurisdiction to permit the amendment and hear the appeal. A British citizen against whom an extradition order was made was entitled to a fair determination of his common law right to remain within the jurisdiction of the United Kingdom. A statutory provision which impaired his right of appeal against an extradition decision had to be read with the qualification that the court had a discretion in exceptional circumstances to extend the time for the filing of a notice of appeal.”

WLR Daily, 23rd May 2012

Source: www.iclr.co.uk

Time extended for appeals under Extradition Act – UK Human Rights Blog

Posted May 24th, 2012 in appeals, extradition, news, Supreme Court, time limits by sally

“The Supreme Court has ruled that there should be a discretion in exceptional circumstances for judges to extend time for service of appeals against extradition, where the statutory time limits would otherwise operate to prevent an appeal in a manner conflicting with the right of access to an appeal process under Article 6(1) of the Human Rights Convention.”

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UK Human Rights Blog, 23rd May 2012

Source: www.ukhumanrightsblog.com