time limits – Page 40 – Current Awareness

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

Schütz (UK) Ltd v Werit UK Ltd and another (No 3) – WLR Daily

Posted November 24th, 2011 in appeals, costs, law reports, licensing, patents, time limits by sally

Schütz (UK) Ltd v Werit UK Ltd and another (No 3) [2011] EWCA Civ 1337; [2011] WLR (D) 338

“The ‘transaction’ which an exclusive licensee of a patent was required by section 68 of the Patents Act 1977 to have registered within six months if the court was to award him costs in proceedings for infringement of that patent was the first transaction that had made him an exclusive licensee.”

WLR Daily, 22nd November 2011

Source: www.iclr.co.uk

Regina (Garland) v Secretary of State for Justice and another – WLR Daily

Posted November 21st, 2011 in disciplinary procedures, judicial review, law reports, prisons, time limits by sally

Regina (Garland) v Secretary of State for Justice and another: [2011] EWCA Civ 1335; [2011] WLR (D) 333

“Under rule 53(1) of the Prison Rules 1999 prison authorities were allowed a full 48 hours from discovery of an offence against discipline to lay a charge against a prisoner, and longer where there were exceptional circumstances making it impossible to lay the charge within that time.”

WLR Daily, 17th November 2011

Source: www.iclr.co.uk

Guarded welcome for family justice review – Law Society’s Gazette

Posted November 4th, 2011 in delay, families, family courts, news, time limits by sally

“Lawyers and judges have welcomed proposals to end the ‘culture of delay’ in the family justice system, published in the Family Justice Review’s final report.”

Full story

Law Society’s Gazette, 3rd November 2011

Source: www.lawgazette.co.uk

Family justice review calls for six-month case deadline – BBC News

Posted November 3rd, 2011 in adoption, family courts, news, reports, time limits by sally

“Childcare decisions in family courts should be made within six months, an official review has said.”

Full story

BBC News, 3rd November 2011

Source: www.bbc.co.uk

Geoffrey Boycott launches £1m claim against lawyers over property deal – Daily Telegraph

Posted October 13th, 2011 in land registration, law firms, legal history, negligence, news, time limits by sally

“Geoffrey Boycott, the former Yorkshire and England cricketer, launched a £1m-plus claim against lawyers he says let him down on a property deal.”

Full story

Daily Telegraph, 12th October 2011

Source: www.telegraph.co.uk

William McIlroy (Swindon) Ltd and others v Quinn Insurance Ltd; Rannoch Investments Ltd v Same – WLR Daily

Posted July 22nd, 2011 in arbitration, contracts, insurance, law reports, time limits by sally

William McIlroy (Swindon) Ltd and others v Quinn Insurance Ltd; Rannoch Investments Ltd v Same [2011] EWCA Civ 825; [2011] WLR (D) 234

“A clause in a public liability insurance policy requiring the insured to seek arbitration within nine months of a dispute arising on the insurer’s liability did not operate to bar an insured person’s claim before he had any cause of action to bring a claim. The Court of Appeal so held allowing appeals by the first claimants, William McIlroy (Swindon) Ltd, Mackays Stores Ltd, Cathedral Works Organisation (Chichester) Ltd, and the second claimants, Rannoch Investments Ltd, from a decision of Edwards-Stuart J in the Technology and Construction Court finding as a preliminary issue that the claimants were barred by general condition 16 of their insurance contract from proceeding against the defendants, Quinn Insurance Ltd.”

WLR Daily, 18th July 2011

Source: www.iclr.co.uk

Avon Estates Ltd v Welsh Ministers and another – WLR Daily

Posted May 23rd, 2011 in law reports, local government, planning, time limits by sally

Avon Estates Ltd v Welsh Ministers and another [2011] EWCA Civ 55; [2011] WLR (D) 168

“Conditions attached to planning permission granted for a limited period could not be enforced against the landowner when the permissions had become spent and the planning authority had failed to enforce the removal of the building or the cessation of the permitted use so that the buildings became immune from enforcement action.”

WLR Daily, 16th May 2011

Source: www.iclr.co.uk

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

Chalet firm Avon Estates wins all-year court appeal – BBC News

Posted May 18th, 2011 in local government, news, planning, time limits by sally

“The owners of a Ceredigion holiday park have won a court ruling over the right to use their 42 chalets all year round.”

Full story

BBC News, 16th May 2011

Source: www.bbc.co.uk

Abuse claims against surgeon could not be prosecuted in UK – The Independent

Posted April 8th, 2011 in child abuse, foreign jurisdictions, news, prosecutions, time limits by sally

“Police investigating allegations that a heart specialist who worked at London’s Great Ormond Street Hospital had sexually abused children in Kenya found they would have been unable to bring a prosecution because the alleged offences occurred before May 2004, a spokesman for Scotland Yard said yesterday.”

Full story

The Independent, 8th April 2011

Source: www.independent.co.uk

Republic of Latvia (supported by Republic of Lithuania and Slovak Republic intervening) v European Commission (supported by United Kingdom intervening) – WLR Daily

Posted March 25th, 2011 in EC law, emissions trading, environmental protection, law reports, quotas, time limits by sally

Republic of Latvia (supported by Republic of Lithuania and Slovak Republic intervening) v European Commission (supported by United Kingdom intervening) (Case T-369/07); [2011] WLR (D) 101

“The three-month time limit under article 9(3) of Directive 2003/87/EC during which the Commission might reject a member state’s plan stating the total quantity of greenhouse gas emission allowance that it intended to allocate, started to run from the initial notification and subsequent notifications of different versions of the plan, so that each notification triggered a new three-month time-limit.”

WLR Daily, 22nd March 2011

Source: www.iclr.co.uk

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

Bank of Scotland v Pereira and others – WLR Daily

Posted March 11th, 2011 in appeals, civil procedure rules, default judgments, law reports, setting aside, time limits by sally

Bank of Scotland v Pereira and others [2011] EWCA Civ 241; [2011] WLR (D) 79

“A party against whom a judgment in default of appearance had been given was entitled to apply to set aside that decision, if she met the three conditions in CPR r 39.3, and could seek to appeal against the default judgment under CPR Pt 52 whether or not she could comply with the rule 39.3 conditions. The Court of Appeal gave guidelines on the interrelationship between an application to set aside and an appeal against the same judgment.”

WLR Daily, 10th March 2011

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.

Cecil and others v Bayat and others – WLR Daily

Posted February 23rd, 2011 in civil procedure rules, law reports, service out of jurisdiction, time limits by sally

Cecil and others v Bayat and others [2011] EWCA Civ 135; [2011] WLR (D) 51

“The claimants in a proposed action for breach of contract and damages were not entitled unilaterally to decide to postpone service of their claim form out of the jurisdiction under CPR 7.6(1). They should have served the form in the period of its initial validity, and, if they were not in a financial position to proceed immediately with the claim, they should have issued an application seeking a stay, or an extension of the time for procedural steps to be taken. The fact that the claimants spent the period of initial validity seeking a conditional fee agreement and after-the-event insurance was not a valid reason for their not having served the claim form, since their funds were sufficient to serve the claim even if they were not then in a position to fund the entire course of the litigation.”

WLR Daily, 21st February 2011

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.

Andersson v Staten genom Kronofogdemyndigheten i Jönköping, Tillsynsmynidigheten – WLR Daily

Posted February 15th, 2011 in EC law, employment, insolvency, law reports, shareholders, time limits by sally

Andersson v Staten genom Kronofogdemyndigheten i Jönköping, Tillsynsmynidigheten C-30/10; [2011] WLR (D) 44

“A provision of national law which excluded an employee from entitlement under the guarantee of payment of employees’ outstanding claims in the event of their employer’s insolvency, on the ground that the employee within the six months preceding the application for a declaration of insolvency had been the owner of an essential part of the undertaking or business concerned and had had a considerable influence on it activities, was compatible with Parliament and Council Directive 2008/94/EC relating to the protection of employees in the event of the insolvency of their employer.”

WLR Daily, 14th February 2011

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.

Brady v Norman – WLR Daily

Posted February 10th, 2011 in defamation, law reports, personal injuries, time limits by sally

Brady v Norman [2011] EWCA Civ 107; [2011] WLR (D) 40

“The policy behind the limitation period for defamation cases being shorter than that in personal injuries claims was clear, since the defamatory impact of libel or slander was likely to be transient and Parliament evidently intended that a claimant should assert and pursue his need for vindication speedily. Considerations as to prejudice in applications for the disapplication of the time limit in defamation cases were likely to be different than those in personal injuries cases and in defamation cases it was for the claimant to make out a case for the disapplication of the normal time limit.”

WLR Daily, 9th February 2011

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.

Kasprzak v Warsaw Regional Court, Poland; Bingham v Trial Court No 4 of Marbella, Spain; Wilson-Campbell v Court of Instruction No 4 of Orihuela, Alicante, Spain – WLR Daily

Posted February 4th, 2011 in EC law, extradition, law reports, time limits by sally

Kasprzak v Warsaw Regional Court, Poland; Bingham v Trial Court No 4 of Marbella, Spain; Wilson-Campbell v Court of Instruction No 4 of Orihuela, Alicante, Spain [2011] EWHC 100 (Admin); [2011] WLR (D) 35

“Article 23 of the Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between member states, as implemented by s 36(3)(b) of the Extradition Act 2003, contemplated the possibility of agreement being sought and given for an extension of the period for extradition after the expiry of the original period, since it was only at the end of the original period that circumstances beyond the control of the member state or serious humanitarian reasons prevented extradition within that period and gave rise to the need for agreement on a new date for removal.”

WLR Daily, 3rd February 2011

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.

Salazar-Duarte v Government of the United States of America – WLR Daily

Posted December 3rd, 2010 in appeals, extradition, jurisdiction, law reports, service, time limits by sally

Salazar-Duarte v Government of the United States of America [2010] EWHC 3150 (Admin); [2010] WLR (D) 313

“For the purposes of s 103(9) of the Extradition Act 2003, the person whose extradition was sought was deemed to be informed of the extradition order against him when the solicitors acting on his behalf received a letter, whether by post, fax or e-mail, which informed him that the order had been made.”

WLR Daily, 2nd December 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.

R (Moore) v Skipton Fund Ltd – WLR Daily

Posted December 3rd, 2010 in blood products, compensation, judicial review, law reports, time limits by sally

R (Moore) v Skipton Fund Ltd [2010] EWHC 3070 (Admin); [2010] WLR (D) 308

“For the purposes of a claim for an ex gratia payment from public funds, there was nothing irrational or unfair in requiring certain people infected with hepatitis C through treatment with NHS blood or blood products prior to September 1991, to show that spontaneous clearance of the virus after a period of six months had occurred.”

WLR Daily, 2nd December 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.

C v D and another – WLR Daily

Posted November 19th, 2010 in civil procedure rules, law reports, part 36 offers, time limits by sally

C v D and another [2010] EWHC 2940 (Ch); [2010] WLR (D) 292

“A time-limited offer was not capable of being an offer within the meaning of CPR Pt 36, which established that an offer must be capable of acceptance unless and until withdrawn by service of a notice within CPR r 36.9(2).”

WLR Daily, 18th November 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.