Category: time limits

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

Barker v Hambleton District Council – WLR Daily

Posted May 21st, 2012 in law reports, planning, time limits by sally

Barker v Hambleton District Council [2012] EWCA Civ 610; [2012] WLR (D) 149

“The time limit for making an application to the High Court in relation to a local development plan under section 113(4) of the Planning and Compulsory Purchase Act 2004 ran from the date on which the plan was adopted by the local authority.”

WLR Daily, 9th May 2012

Source: www.iclr.co.uk

Site allocation challenge failed – OUT-LAW.com

Posted May 11th, 2012 in local government, news, planning, time limits by tracey

“A Yorkshire landowner Edward Barker has lost his challenge against Hambleton District Council’s decision not to allocate his land for housing development, because his claim was too late.”

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OUT-LAW.com, 10th May 2012

Source: www.out-law.com

Abu Qatada’s chances of success at Strasbourg are slim – The Guardian

Posted May 8th, 2012 in appeals, courts, human rights, news, time limits by sally

“Despite controversy over the deadline, I doubt the European court will agree to hear Abu Qatada’s appeal.”

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The Guardian, 8th May 2012

Source: www.guardian.co.uk

Regina v Mian – WLR Daily

Posted May 3rd, 2012 in appeals, law reports, no case to answer, time limits by sally

Regina v Mian [2012] EWCA Crim 792; [2012] WLR (D) 129

“In the context of a prosecutor’s appeal against a ‘terminating ruling’, the statutory requirement that either an adjournment had to be sought immediately, or the decision to appeal and the acquittal agreement had to be notified to the court immediately, meant that it should be done then and there.”

WLR Daily, 26th April 2012

Source: www.iclr.co.uk

Time, time, time, look what’s become of me – UK Human Rights Blog

Posted May 3rd, 2012 in courts, human rights, news, time limits by sally

“In law, time can be everything. Every lawyer will have experienced waking up in the middle of the night in a cold sweat at the realisation that a time limit has been missed. Courts often have the discretion to extend litigation time limits, such as under rule 3.1 of the Civil Procedure Rules, but simple mistakes by lawyers rarely generate sympathy from judges. Even scarier, judges sometimes do not even have the power to extend time at all, however unfair the circumstances. The idea is to encourage certainty and predictability in the legal system.”

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UK Human Rights Blog, 2nd May 2012

Source: www.ukhumanrightsblog.com

Abu Qatada appeal hearing due next Wednesday – The Guardian

Posted May 3rd, 2012 in appeals, deportation, human rights, news, terrorism, time limits by sally

“European human rights judges will decide next Wednesday whether Abu Qatada’s appeal against his deportation from Britain should be allowed to go ahead.”

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The Guardian, 2nd May 2012

Source: www.guardian.co.uk

Regina (Raeside) v Luton Crown Court – WLR Daily

Posted April 25th, 2012 in detention, judges, judicial review, law reports, time limits by sally

Regina (Raeside) v Luton Crown Court [2012] WLR (D) 120

“The purpose of a custody time limit would be undermined if the court granted an extension under section 22(3) of the Prosecution of Offences Act 1985 in anything other than exceptional circumstances, and in the absence of the express consent of the defendant to the extension of that limit, the court must direct that an immediate application is made by the Crown and rigorously scrutinise the evidence to see if it is satisfied that there is good and sufficient cause.”

WLR Daily, 23rd April 2012

Source: www.iclr.co.uk

Abu Qatada and the law of time – Carl Gardner – UK Human Rights Blog

Posted April 19th, 2012 in courts, human rights, news, time limits by tracey

“The BBC reported yesterday that there’s ‘doubt’ about the deportation of Abu Qatada, following his arrest on Tuesday and now his appeal to the European Court of Human Rights – which the Home Secretary Theresa May says is out of time. So: is she right? Is the appeal out of time? How has the Home Office got into this apparent mess? And what if any difference does this appeal make?”

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UK Human Rights Blog, 19th April 2012

Source: www.ukhumanrightsblog.com

May’s bid to deport Qatada descends into farce – Daily Telegraph

Posted April 19th, 2012 in appeals, deportation, human rights, news, terrorism, time limits by tracey

“The deportation of Abu Qatada descended into farce after a potential blunder by the Home Office allowed his lawyers to lodge a last-minute appeal which could extend his stay in Britain and derail attempts to remove him from the country.”

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Daily Telegraph, 18th April 2012

Source: www.telegraph.co.uk

Unfair dismissal reform divides government and unions – The Guardian

Posted April 10th, 2012 in news, time limits, unfair dismissal by sally

“The amount of time an employee has to work for an organisation before he or she can make an unfair dismissal claim against the employer has doubled to two years, in a move the government says will boost growth but unions say will result in a ‘hire and fire’ culture.”

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The Guardian, 6th April 2012

Source: www.guardian.co.uk

Williams v Central Bank of Nigeria – WLR Daily

Posted April 5th, 2012 in appeals, breach of trust, fraud, law reports, limitations, time limits by sally

Williams v Central Bank of Nigeria [2012] EWCA Civ 415; [2012] WLR (D) 108

“An action by a beneficiary under a trust might be brought in respect of any fraud or fraudulent breach of trust to which the trustee was party or privy against both that trustee and any other person who dishonestly assisted him in such fraud or fraudulent breach of trust, in either case, after the expiration of the six-year limitation period for which section 21(3) of the Limitation Act 1980 provided.”

WLR Daily, 3rd April 2012

Source: www.iclr.co.uk

TUC warns over unfair dismissal law time change – BBC News

Posted April 3rd, 2012 in news, time limits, trade unions, unfair dismissal by sally

“Increasing the time before workers are protected from unfair dismissal from one year to two years could affect 2.7 million people, union bosses have said.”

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BBC News, 3rd April 2012

Source: www.bbc.co.uk

Watchdog plans hefty rise in compensation maximum – Law Society’s Gazette

Posted March 26th, 2012 in compensation, complaints, fees, legal ombudsman, news, time limits by sally

“The Legal Ombudsman is planning a 66% rise – to £50,000 – in the maximum amount of compensation it can force lawyers to pay clients who receive poor service.”

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Law Society’s Gazette, 26th March 2012

Source: www.lawgazette.co.uk

Timing is Everything – Section 14A in Practice – Hardwicke Chambers

Posted January 31st, 2012 in damages, limitations, negligence, news, time limits by sally

“In a claim for damages for the tort of negligence the cause of action accrues at the date that damage occurs, even if is no-one knows about it at the time. The problem with this principle is vividly illustrated by the famous decision of the House of Lords in Pirelli v Oscar Faber & Partners [1983] 2 AC 1 where the defendant engineers were retained by the claimants to design a chimney at their factory. The chimney was lined with a new material Lytag and completed in July 1969. By April 1970 cracks had appeared at the top of the chimney but the claimants did not become aware of them until November 1977. They made repairs and issued a writ in October 1978. Overturning the decision below the Lords held that the claim was statute barred because the damage had occurred in April 1970, and thus the cause of action was complete more than six years before the claim was issued and, as it happened, more than six years before the claimants knew they had a claim.”

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Hardwicke Chambers, 25th January 2012

Source: www.hardwicke.co.uk

Strasbourg is for all, Cameron warned – The Guardian

Posted January 26th, 2012 in courts, human rights, news, time limits by sally

“Senior Council of Europe official tells Guardian that UK’s proposals for court reform could weaken ECtHR.”

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The Guardian, 25th January 2012

Source: www.guardian.co.uk

BEWARE statutory time limits to appeal: if you are late, you are out – UK Human Rights Blog

Posted December 1st, 2011 in appeals, news, time limits, tribunals by sally

“Any lawyer dealing with civil or criminal cases tends to think that, if there is a time limit for doing something in the case, then if that thing does not get done on time, the court may be lenient if there is good reason for extending time. The problem comes where the court is only given power to hear an appeal by a specific set of rules, and the rules say, for instance: you must appeal within 14 days of the decision. In the statutory context, that may mean precisely what it says. And the court, however sympathetically inclined, cannot do otherwise and allow a late appeal.”

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UK Human Rights Blog, 30th November 2011

Source: www.ukhumanrightsblog.com

LSC wins appeal in landmark case on legal aid payments – Law Society’s Gazette

Posted December 1st, 2011 in appeals, barristers, legal aid, news, time limits by sally

“The appeal court has overturned a High Court judgment that delays by the Legal Services Commission in seeking to recover payments on account amounted to an abuse of process.”

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Law Society’s Gazette, 30th November 2011

Source: www.lawgazette.co.uk

Women win landmark court of appeal decision over equal pay – The Guardian

Posted November 29th, 2011 in appeals, equal pay, local government, news, time limits by sally

“Cooks, cleaners, caterers and care staff have won a landmark court of appeal decision that could pave the way for many more equal pay claims.”

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The Guardian, 29th November 2011

Source: www.guardian.co.uk

Regina (Modaresi) v Secretary of State for Health and others – WLR Daily

Posted November 25th, 2011 in law reports, mental health, service, time limits, tribunals by sally

Regina (Modaresi) v Secretary of State for Health and others [2011] EWCA Civ 1359; [2011] WLR (D) 340

“The 14-day period allowed to a detained mental patient to lodge an application with the Mental Health Review Tribunal as provided by section 66 of the Mental Health Act 1983 and rule 32(1) the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 was not to be considered to have expired where, though sent by fax on the last working day within the period, it was not in fact received by the tribunal until the next working after an intervening holiday period during which the 14-day time limit had expired.”

WLR Daily, 23rd November 2011

Source: www.iclr.co.uk