Gisda Cyf v Barratt – WLR Daily

Gisda Cyf v Barratt [2010] UKSC 41; [2010] WLR (D) 250

“Where dismissal without notice was communicated to an employee in a letter, the contract of employment did not terminate until the employee had actually read the letter or had had a reasonable opportunity of reading it.”

WLR Daily, 13th October 2010

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.

Catholic church using time limit to suppress child abuse cases, says lawyer – The Guardian

Posted August 31st, 2010 in child abuse, news, time limits by sally

“The Roman Catholic church was accused today of using the legal system to suppress evidence of clerical sex abuse after a Jesuit-run school lost an appeal against a court ruling giving a former pupil the right to pursue a £5m civil action.”

Full story

The Guardian, 27th August 2010

Source: www.guardian.co.uk

Sex abuse claim for £5m against Catholic order faces court challenge – The Guardian

Posted July 27th, 2010 in appeals, child abuse, damages, news, sexual offences, time limits by sally

“A Roman Catholic religious order will today appeal a court decision that could see it pay up to £5m to a victim of alleged clerical sexual abuse, the largest compensation claim of its kind in Britain.”

Full story

The Guardian, 27th July 2010

Source: www.guardian.co.uk

No charges over death of Ian Tomlinson – Crown Prosecution Service

“Keir Starmer QC, the Director of Public Prosecutions, announced today that no charges will be brought in relation to the death of Ian Tomlinson at the ‘G20 protests’ in London on 1 April 2009.”

Full press release

Crown Prosecution Service, 22nd July 2010

Source: www.cps.gov.uk

Ian Tomlinson death: police officer will not face criminal charges – The Guardian

Posted July 22nd, 2010 in assault, Crown Prosecution Service, homicide, news, police, time limits by sally

“The police officer who was caught on video striking a man during the G20 protests last year who later died will not face criminal charges, the Crown Prosecution Service announced today.”

Full story

The Guardian, 22nd July 2010

Source: www.guardian.co.uk

Bilta (UK) Ltd (in liquidation) v Nazir and others – WLR Daily

Bilta (UK) Ltd (in liquidation) v Nazir and others [2010] EWHC 1086 (Ch); [2010] WLR (D) 129

“An application for a stay of legal proceedings made under s 9 of the Arbitration Act 1996 was not subject to the procedural rules contained in CPR Pt 11 for challenging the jurisdiction of the court. An application for an extension of time to serve the defence was not a step in the proceedings to answer the substantive claim and the defendant was not debarred from seeking a stay by s 9(3) of the Act.”

WLR Daily, 19th May 2010

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.

Revenue and Customs Commissioners v Kearney – WLR Daily

Posted March 25th, 2010 in appeals, law reports, national insurance, taxation, time limits by sally

Revenue and Customs Commissioners v Kearney [2010] EWCA Civ 288; [2010] WLR (D) 89

“To obtain an extension of time to pay Class 3 national insurance contributions a taxpayer had to show that his failure to make the payments on time was due to ignorance not caused by his own lack of care and diligence. All relevant circumstances were factors to be balanced together to assess or evaluate on a case-by-case basis whether due care and diligence had been exercised, and if not, whether that failure had been the cause of the contributor’s ignorance of his obligation to pay the contributions.”

WLR Daily, 24th March 2010

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.

Whiston v London Strategic Health Authority (successor body in law for the Queen Charlotte’s Maternity Hospital) – WLR Daily

Posted March 9th, 2010 in appeals, birth, hospitals, law reports, negligence, personal injuries, time limits by sally

Whiston v London Strategic Health Authority (successor body in law for the Queen Charlotte’s Maternity Hospital) [2010] EWCA Civ 195; [2010] WLR (D) 66

“A claimant bringing an action in negligence for personal injury out of time had constructive knowledge of the relevant facts for the purposes of s 14 of the Limitation Act 1980 if, considered objectively, he had the knowledge which he might reasonably have been expected to acquire having regard to all the circumstances of the case.”

WLR Daily, 8th March 2010

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.

Regina v Iqbal – WLR Daily

Posted February 5th, 2010 in appeals, confiscation, law reports, time limits by sally

Regina v Iqbal [2010] WLR (D) 23

“An application for the time for proceedings for a confiscation order to be postponed, or for a postponement to be extended, may be made only during the permitted period provided for in s 14 of the Proceeds of Crime Act 2002.”

WLR Daily, 4th February 2010

Source: www.lawreports.co.uk

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

Ruling gives companies time and certainty in public procurement disputes – OUT-LAW.com

Posted February 1st, 2010 in news, public procurement, tenders, time limits by sally

“Companies now have more time to file legal objections to the award of public contracts after Europe’s top court overturned UK procurement law. The Government will have to re-draft its regulations and the ruling will take immediate effect.”

Full story

OUT-LAW.com, 1st February 2010

Source: www.out-law.com

Disabled man given £2m payout from NHS for injuries suffered at birth – Daily Telegraph

Posted January 26th, 2010 in birth, compensation, news, personal injuries, time limits by sally

“A severely disabled man who can only communicate by tapping a computer keyboard with his nose has received a £2 million payout for injuries he suffered at birth.”

Full story

Daily Telegraph, 26th January 2010

Source: www.telegraph.co.uk

Low value personal injury claims in road traffic accidents – Ministry of Justice

Posted October 7th, 2009 in costs, personal injuries, press releases, road traffic, time limits by sally

“Policy report outlining a new claims process for road traffic accident personal injury claims valued between £1,000 and £10,000.”

Full press release

Ministry of Justice, 6th October 2009

Source: www.justice.gov.uk

Gutridge and others v Sodexo Ltd and another – WLR Daily

Posted July 20th, 2009 in employment, equal pay, law reports, sex discrimination, time limits by sally

Gutridge and others v Sodexo Ltd and another [2009] EWCA Civ 729; [2009] WLR (D) 246

WLR Daily, 17th July 2009

“An employee whose employment contract had been transferred under contracting-out arrangements to another employer could not have any greater rights against the transferee than she had against the transferor by virtue of reg 5 of the Transfer of Undertakings (Protection of Employment) Regulations 1981. Although the right to bring proceedings under the Equal Pay Act 1970 was against the transferee, the right was, pursuant to ss 2(4) and 2ZA, time limited to six months after the termination of the employee’s employment with the transferor, which was six months after the date of the transfer.”

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.

BCL Old Co Ltd and Others v BASF SE and Others – Times Law Reports

Posted July 9th, 2009 in competition, law reports, time limits by sally

BCL Old Co Ltd and Others v BASF SE and Others

Court of Appeal

“The two-year time limit for bringing a claim for loss resulting from an infringement of EC or UK competition rules could be postponed where there was an appeal against the infringement itself. The time limit continued to run, however, where there was an appeal against the penalty imposed.”

The Times, 9th July 2009

Source: www.timesonline.co.uk

GISDA Cyf v Barratt – WLR Daily

Posted July 6th, 2009 in employment, law reports, time limits, unfair dismissal by sally

GISDA Cyf v Barratt [2009] EWCA Civ 648; [2009] WLR (D) 229

“The ‘effective date of termination of employment’ within section 97(1)(b) of the Employment Rights Act 1996 was not necessarily the date yielded by contractual analysis. When determining the relevant time limit for making an unfair dismissal claim, an employment tribunal had not erred in concluding that the effective date of termination of employment was when the employee read the letter of summary dismissal and not the date when the letter reached the employee’s home address when she was away.”

WLR Daily, 3rd July 2009

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.

Owens v City of Westminster Magistrates’ Court – WLR Daily

Posted June 22nd, 2009 in appeals, delay, extradition, law reports, time limits by sally

Owens v City of Westminster Magistrates’ Court [2009] EWHC 1343 (Admin); [2009] WLR (D) 20

“When an appeal to the High Court under s 26 of the Extradition Act 2003 against an order for extradition to a category 1 territory was unsuccessful, the decision of the High Court on the appeal did not become final within the meaning of s 36(5) of the Act and, accordingly, the 10-day period within which s 36(2) and (3)(a) stipulated that extradition should take place did not begin to run until the 14-day period permitted by s 32(5) for applying to the High Court for leave to appeal to the House of Lords had expired, notwithstanding that the High Court had on the same day as dismissing the appeal declined to certify for the purposes of s 32(4)(a) of the Act that a point of law of general public importance was involved. As regards the requirement in s 36(8) that ‘reasonable cause’ be shown for delay in effecting extradition, the expression could be construed as being sufficiently broad to cover a short delay arising from an error of law made by the Serious Organised Crime Agency (‘SOCA’), the body responsible for the surrender of individuals to requesting states at the conclusion of extradition proceedings under the 2003 Act, in calculating the period within which the person must be extradited as specified in s 36(3) of the Act.”

WLR Daily, 19th June 2009

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.

Slack and Others v Cumbria County Council – Times Law Reports

Posted April 14th, 2009 in contract of employment, equal pay, law reports, time limits by sally

Slack and Others v Cumbria County Council

Court of Appeal

“A variation in the terms of an employment contract between an employer and employee in a stable employment relationship did not terminate the preexisting contract so as to trigger the beginning of the six-month period allowed for initiating equal pay claims.”

The Times, 14th April 2009

Source: www.timesonline.co.uk

Kirklees Metropolitan Council v Radecki – WLR Daily

Posted April 9th, 2009 in contract of employment, law reports, time limits, unfair dismissal by sally

Kirklees Metropolitan Council v Radecki [2009] EWCA Civ 298; [2009] WLR (D) 133

“Though a settlement of an employment dispute expressed to be ‘without prejudice and subject to contract’ was of no effect, the employment contract was unequivocally terminated when the employer ceased paying the employee’s salary. That was the effective date of termination of the employee’s contract for the purposes of an action for unfair dismissal.”

WLR Daily, 8th April 2009

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.

Slack and others v Cumbria County Council (Equality and Human Rights Commission intervening) – WLR Daily

Posted April 7th, 2009 in contract of employment, equal pay, law reports, time limits by sally

Slack and others v Cumbria County Council (Equality and Human Rights Commission intervening) [2009] EWCA Civ 293; [2009] WLR (D) 127

“The beginning of the period allowed for initiating an equal pay claim would not be triggered until the expiry of the stable employment between the employer and employee within the meaning of the section 2ZA of the Employment Act 1970. A new employment contract varying the term of an existing contract between the same employer and the same employee in a stable relationship did not terminate the existing contract so as to trigger the beginning of that period.”

WLR Daily, 6th April 2009

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.

Review given for boy’s 1990 death – BBC News

Posted February 25th, 2009 in doctors, negligence, news, professional conduct, time limits by sally

“A charity has won the legal right to challenge a decision by the General Medical Council (GMC) not to investigate a boy’s death 19 years ago.”

Full story

BBC News, 24th February 2009

Source: www.bbc.co.uk