Fleming (trading as Bodycraft) v Revenue and Customs Commissioners; Conde Nast Publications Ltd v Revenue and Customs Commissioners – WLR Daily

Posted January 24th, 2008 in EC law, law reports, retrospectivity, time limits, VAT by sally

Fleming (trading as Bodycraft) v Revenue and Customs Commissioners; Conde Nast Publications Ltd v Revenue and Customs Commissioners [2008] UKHL 2; [2008] WLR (D) 5

“The absence of a transitional period when the legislature introduced a retrospective time limit within which value added taxpayers could make a claim for overpaid input tax amounted to a breach of European Community law. Therefore the time limit had to be disapplied in respect of those who had accrued rights when the retrospective time limit was introduced, and in all the circumstances it was for the legislature and not the court to introduce an adequate transitional period.”

WLR Daily, 23rd January 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Stuart v Goldberg Linde and another – WLR Daily

Posted January 21st, 2008 in abuse of process, law reports, striking out, time limits by sally

Stuart v Goldberg Linde and another [2008] EWCA Civ 2 [2008] WLR (D) 4

“In determining whether a claim was an abuse of the process of the court on the ground that it should have been included in a previous action, the prospects of the claim’s success or failure and delay in bringing it (falling short of a statutory time bar or laches) were not generally relevant.”

WLR Daily, 18th January 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Secretary of State for Trade and Industry v Vohora and Another – Times Law Reports

Posted December 10th, 2007 in company directors, disqualification, law reports, time limits by sally

Secretary of State for Trade and Industry v Vohora and Another

Chancery

“A claim by the Secretary of State for Trade and Industry to disqualify a director of a company under section 6 of the Company Directors Disqualification Act 1986 had to be brought, rather than commenced within two years.”

The Times, 10th December 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only avaialble free on Times Online for 21 days from the date of publication. 

O’Byrne v Aventis Pasteur MSD Ltd – Times Law Reports

Posted November 19th, 2007 in law reports, substitution, time limits by sally

O’Byrne v Aventis Pasteur MSD Ltd

Court of Appeal

“Where a claimant had made a mistake about the name but not the identity of the defendant, that name could be substituted after the expiry of the limitation period, where substitution was necessary required in order to determine the original action.”

The Times, 19th November 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Secretary of State for Trade and Industry v Vohora and another – WLR Daily

Posted November 19th, 2007 in company directors, disqualification, law reports, time limits by sally

Secretary of State for Trade and Industry v Vohora and another [2007] EWHC 2656 (Ch)

“A claim by the Secretary of State for Trade and Industry to disqualify a director of a company, on the ground that it was expedient in the public interest, had to be brought, rather that started, within two years. Therefore the two-year period was a limitation provision and, in accordance with CPR Pt 7, para 5, where the Secretary of State’s claim form was received in the court office on a date earlier than the date on which it was issued, the claim was “brought” for the purposes of the two-year period on that earlier date.”

WLR Daily, 16th November 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Lotto rapist victim ‘to win case’ – BBC News

Posted November 7th, 2007 in compensation, news, rape, time limits by sally

“A rape victim who is fighting to sue her attacker for damages after he won millions on the lottery is ‘almost certain’ to win, her lawyers say.”

Full story

BBC News, 6th November 2007

Source: www.bbc.co.uk  

Victims of abuse test six-year limit for suing over assault – The Guardian

Posted November 5th, 2007 in child abuse, news, sexual offences, time limits by sally

“Sex attacks in childhood highlight legal loophole.”

Full story

The Guardian, 5th November 2007

Source: www.guardian.co.uk

Lords consider Lotto rapist case – BBC News

Posted November 1st, 2007 in compensation, news, rape, time limits by sally

“The Law Lords are to decide whether a victim of a rapist who won millions on the lottery can sue him.”

Full story

BBC News, 1st November 2007

Source: www.bbc.co.uk

Yeda Research and Development Co Ltd v Rhone-Poulenc Rorer International Holdings Inc and Another – Times Law Reports

Posted October 30th, 2007 in law reports, patents, time limits by sally

Patent amendment is not making a different claim

Yeda Research and Development Co Ltd v Rhone-Poulenc Rorer International Holdings Inc and Another

House of Lords

“When a reference was made under section 37(1)(a) of the Patents Act 1977 for joint ownership of a patent and the Comptroller-General of Patents, Designs and Trademarks was seised of the matter, an amendment to claim sole ownership of the patent did not amount to the making of a new or different claim.”

The Times, 30th October 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Rhone-Poulenc Rorer International Holdings Inc and another v Yeda Research and Development Co Ltd (Comptroller General of Patents, Designs and Trademarks intervening) – WLR Daily

Posted October 25th, 2007 in law reports, patents, time limits by sally

Rhone-Poulenc Rorer International Holdings Inc and another v Yeda Research and Development Co Ltd (Comptroller General of Patents, Designs and Trademarks intervening) [2007] UKHL 43

“When a reference pursuant to s 37(1)(a) of the Patents Act 1977 for joint ownership of a patent had been made and the Comptroller of Patents Designs and Trademarks was seised of the matter, an amendment so as to claim sole ownership of the patent did not amount to the making of a new or different claim which was outside the limitation period.”

WLR Daily, 24th October 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Somerville and others v Scottish Ministers (HM Advocate General for Scotland intervening) – WLR Daily

Posted October 25th, 2007 in damages, human rights, law reports, Scotland, time limits by sally

Somerville and others v Scottish Ministers (HM Advocate General for Scotland intervening)

“The time-limit in s 7(5) of the Human Rights Act 1998 did not apply to a claim for damages based on breach of a Convention right by a member of the Scottish Executive where the act or failure to act relied on was outside devolved competence and thus ultra vires in terms of the Scotland Act 1998.”

WLR Daily, 17th October 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Legal claim dismissed for being 88 secs late – The Times

Posted August 8th, 2007 in news, time limits, unfair dismissal by sally

“A senior employment court has thrown out a claim for unfair dismissal because the e-mail carrying the paperwork arrived 88 seconds late.”

Full story

The Times, 8th August 2007

Source: www.timesonline.co.uk

Byrne v. Motor Insurers’ Bureau and Another – Times Law Reports

Posted June 15th, 2007 in EC law, law reports, Motor Insurers’ Bureau, time limits by sally

UK in breach of uninsured drivers’ duty 

Byrne v. Motor Insurers’ Bureau and Another

Queen’s Bench Division

“Failure by the United Kingdom to comply with the Second European Directive on motor insurance rendered it liable in damages.”

The Times, 15th June 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Drury v. British Broadcasting Corporation and Another – Times Law Reports

Posted June 11th, 2007 in law reports, service, time limits by sally

All steps to be taken in time 

Drury v. British Broadcasting Corporation and Another

Court of Appeal

“A claimant applying to extend time for service of the claim form should demonstrate to the court that he had taken all reasonable steps to effect service on the defendant before the time for service expired.”

The Times, 11th June 2007

Source: www.timesonline.co.uk  

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Byrne v. Motor Insurers’ Bureau – WLR Daily

Posted June 8th, 2007 in EC law, law reports, Motor Insurers’ Bureau, time limits by sally

Byrne v. Motor Insurers’ Bureau [2007] EWHC 1268 (QB)

The procedure for making a claim to the Motor Insurers’ Bureau for compensation in respect of injury caused by an untraced driver under the Untraced Drivers Agreement 1972, which procedure was relied on by the United Kingdom as implementing art 1(4) of Council Directive 84/5/EEC, should be subject to a limitation period no less favourable than that which applied under s 28 of the Limitation Act 1980 to the commencement of proceedings by minors for personal injury in tort against a traced driver. Because the three-year time limit for the bringing of a claim under the Untraced Drivers Agreement 1972 was not compliant with art 1(4) of the Directive, which was capable of having direct effect, the United Kingdom was in sufficiently serious breach of its Community law obligations to give rise in principle to a liability for damages.”

WLR Daily, 7th June 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Secretary of State for Defence v. Pensions Appeal Tribunal – WLR Daily

Posted May 25th, 2007 in appeals, armed forces, law reports, time limits, war pensions by sally

Secretary of State for Defence v. Pensions Appeal Tribunal

“Notification requirements contained in s 9 of the Pensions Appeals Tribunals Act 1943 relating to rights of appeal from decisions of the Secretary of State for Defence on war pensions claims made pursuant to the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 1983, and to the time limits for such appeals, did not require the provision of a single document but could be fulfilled by the provision of a letter enclosing a leaflet to which reference was made,.nor was it necessary to state the date on which the time limit for the bringing of an appeal expired. Provided the information was reasonably clear, a notice specifying that notice of appeal must be given within a specified period of a specified date sufficed. A failure to comply strictly with the requirements of s 9 did not preclude the relevant time limits for appeals from starting to run.”

WLR Daily, 18th May 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Rockall v Department for Environment, Rood and Rural Affairs – Times Law Reports

Posted May 11th, 2007 in informations, law reports, time limits by sally

When proceedings are institutionalised

Rockall v. Department for Environment, Road and Rural Affairs 

Queen’s Bench Divisional Court 

“Proceedings were instituted against an individual for felling trees without a licence when an information was laid and that determined whether or not the time limit for the institution of proceedings had been met. An information was laid in time where it could be established by inference or otherwise that it had been transmitted to a magistrates court by fax within time.”

The Times, 11th May 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.