Revival of section 3C leave approved by Court of Appeal – EIN Blog

‘R (Akinola & Anor) v Upper Tribunal & Anor [2021] EWCA Civ 1308 (26 August 2021). In these judicial review proceedings, the Court of Appeal decided that in circumstances where an extension of time had been granted for an out-of-time appeal against the refusal of an application to vary limited leave to remain, the original leave was revived under section 3C(2)(c) of the Immigration Act 1971 with future effect from the time when the appeal was instituted. The appeal was instituted and became a pending appeal within section 3C(2)(c) when the notice of appeal was filed, not the date when the extension of time was granted. The Court of Appeal found that the withdrawal of a decision did not have the consequence of causing leave to be extended retroactively under section 3C from the date of the decision. Three conjoined appeals, namely those of Ms Akinola, Mr Abbas and Mr Anwar, raised issues about the interpretation and effect of section 3C which provides for the extension of immigration leave in certain defined circumstances. Of key importance was the position under section 3C where an application has been made to vary existing leave, the application has been refused by a decision of the SSHD, and later (i) there is an out-of-time appeal for which an extension of time is granted, or (ii) the decision-maker withdraws and/or reconsiders the decision. The issues arose in the context of applications under paragraph 276B of the Immigration Rules for Indefinite Leave to Remain (ILR) on the ground of long residence.’

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EIN Blog, 13th September 2021

Source: www.ein.org.uk

Service of documents in civil proceedings: A lesson in getting it right – Local Government Lawyer

Posted September 13th, 2021 in case management, civil procedure rules, documents, news, service, time limits by tracey

‘Lynsey Oakdene and Kathryn Vickers highlight a recent judicial review case in which the claim form was set aside because it was served late and the court declined to exercise its case management powers.’

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Local Government Lawyer, 11th September 2021

Source: www.localgovernmentlawyer.co.uk

First Tier Tribunal wrongly struck out landlord penalty appeal after solicitor failed to pay hearing fee, Upper Tribunal rules – Local Government Lawyer

‘A private landlord will have her appeal of a £7,000 penalty for failure to license a house in multiple occupation (HMO) decided by a different judge after it was initially refused by the First Tier Tribunal (FTT) because her solicitor failed to pay the hearing fee on time, the Upper Tribunal has ruled.’

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Local Government Lawyer, 7th September 2021

Source: www.localgovernmentlawyer.co.uk

Frozen eggs and sperm storage limit increased to 55 years – BBC News

‘Storage limits for eggs, sperm and embryos will go up to 55 years under government plans that ministers say will give people greater choice over when to start a family.’

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BBC News, 6th September 2021

Source: www.bbc.co.uk

High Court judge says housing authority has no power or discretion to accept request for late review of s.107D(3) notice – Local Government Lawyer

Posted August 5th, 2021 in housing, landlord & tenant, leases, news, notification, time limits by sally

‘A local housing authority has no power or discretion to accept a request for a review of their proposal not to grant another tenancy on the expiry of the fixed-term of the tenant’s existing flexible tenancy, if that request is made more than 21 days after the service of a notice pursuant to s.107D(3) Housing Act 1985, a High Court judge has ruled.’

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Local Government Lawyer, 5th August 2021

Source: www.localgovernmentlawyer.co.uk

Case Comment: Matthew and others v Sedman and others [2021] UKSC 19 – UKSC Blog

‘In this post, Max Eshraghi, an associate working within the insurance team at CMS, comments on the decision handed down by the UK Supreme Court in the matter of Matthew and others v Sedman and others [2021] UKSC 19, which concerns the application of limitation timebar.’

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UKSC Blog, 4th August 2021

Source: ukscblog.com

New Judgment: Test Claimants in the Franked Investment Income Group Litigation & Ors v Revenue and Customs [2020] UKSC 47 – UKSC Blog

‘The Supreme Court has unanimously allowed this appeal concerning the law of limitation.’

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UKSC Blog, 23rd July 2021

Source: ukscblog.com

Case Comment: R (on the application of Fylde Coast Farms Ltd (formerly Oyston Estates Ltd)) v Fylde Borough Council [2021] UKSC 18 – UKSC Blog

‘In this post, Angus Maudslay, an associate in the litigation and arbitration team at CMS, comments on the decision of the UK Supreme Court in the matter of R (on the application of Fylde Coast Farms Ltd (formerly Oyston Estates Ltd)) v Fylde Borough Council [2021] UKSC 18, which concerns whether section 61N of the Town and Country Planning Act 1990 should be interpreted to mean that an application for judicial review was made out of time.’

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UKSC Blog, 21st July 2021

Source: ukscblog.com

Negligence action against lawyers over amputation not time-barred – Legal Futures

‘A man who received “devastating news” that his lower leg needed to be amputated seven years after settling his personal injury claim is not prevented by limitation from suing his lawyers for negligence, the High Court has ruled.’

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Legal Futures, 21st July 2021

Source: www.legalfutures.co.uk

Right to repair may lead to increased claims against manufacturers – OUT-LAW.com

‘New regulations which will extend the life of domestic electrical products by up to 10 years, could mean manufacturers face more claims for defective products or negligence, experts at Pinsent Masons, the law firm behind Out-Law have warned.’

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OUT-LAW.com, 14th July 2021

Source: www.pinsentmasons.com

Proposed changes to the Defective Premises Act – Practical Law: Construction Blog

Posted July 14th, 2021 in bills, building law, compensation, construction industry, housing, news, time limits by tracey

‘Many changes have been introduced since Grenfell to address the cladding crisis including the establishment of various loans, funds, plans for new regulators, new taxes, levies and new rules to govern building safety throughout the lifetime of a building.’

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Practical Law: Construction Blog, 13th July 2021

Source: constructionblog.practicallaw.com

Woman with Down’s syndrome takes Sajid Javid to court over abortion law – The Guardian

‘Allowing pregnancy terminations up to birth if the foetus has Down’s syndrome is discriminatory and stigmatises disabled people, the high court has heard.’

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The Guardian, 6th July 2021

Source: www.theguardian.com

Good Law Project’s PPE claim fails after service blunder – Law Society’s Gazette

‘High-profile legal campaigners have been dealt a blow in their latest challenge to the government – after correctly serving the right papers a day too late.’

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Law Society's Gazette, 5th July 2021

Source: www.lawgazette.co.uk

Hundreds of thousands of EU citizens ‘scrabbling’ to attain post-Brexit status before deadline – The Guardian

Posted June 28th, 2021 in brexit, citizenship, EC law, immigration, news, statistics, time limits, visas by tracey

‘EU citizens are struggling to apply for post-Brexit settled status as the Home Office reaches “breaking point” coping with a last-minute surge in applications. With three days before the deadline of the EU settlement scheme this Wednesday, campaigners say late applicants are being stuck in online queues as others find it impossible to access advice on the government helpline.’

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The Guardian, 26th June 2021

Source: www.theguardian.com

Supreme Court clarifies law on tax ‘discovery’ assessments – OUT-LAW.com

Posted June 2nd, 2021 in appeals, HM Revenue & Customs, news, Supreme Court, taxation, time limits by sally

‘The UK Supreme Court has decided that disclosing information in the wrong box on a tax return but explaining it in the white space was not an inaccuracy, as the return had to be considered as a whole.’

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OUT-LAW.com, 1st June 2021

Source: www.pinsentmasons.com

‘Unjust’ six-month time limit for reporting domestic abuse to police must be extended, MPs urge – The Independent

‘The government must urgently extend the “unjust” six-month time limit for domestic abuse victims to report domestic physical violence to the police, according to MPs who are to raise the issue in parliament.’

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The Independent, 22nd May 2021

Source: www.independent.co.uk

New Judgment: R (on the application of Fylde Coast Farms Ltd (formerly Oyston Estates Ltd)) v Fylde Borough Council [2021] UKSC 18 – UKSC Blog

‘The Supreme Court has unanimously dismissed this appeal concerning the interpretation of section 61N of the Town and Country Planning Act 1990.’

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UKSC Blog, 14th May 2021

Source: ukscblog.com

Less Notice! More Forms! End of eviction ban! – Nearly Legal

‘The Govt announced that from 1 June 2021 there will be new notice periods for NTQs/notice seeking possession on tenancies. Rather than reverting to the pre pandemic notice requirements, there will be a further period from 1 June 2021 to 30 September 2021 in which 4 months notice will be required, down from 6 months.’

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Nearly Legal, 12th May 2021

Source: nearlylegal.co.uk

Meetings of local authorities in England must be face to face from 7 May, judges rule – Local Government Lawyer

Posted April 29th, 2021 in coronavirus, local government, news, regulations, time limits by sally

‘Meetings held by local authorities in England under the Local Government Act 1972 must take place in person from 7 May when emergency regulations introduced in the early stages of the first lockdown expire, the Divisional Court has ruled.’

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Local Government Lawyer, 28th April 2021

Source: www.localgovernmentlawyer.co.uk

Judge criticises firm’s failures in defending solicitor’s dismissal claim – Legal Futures

‘A conveyancing solicitor has won her unfair dismissal and discrimination claim against a well-known Essex law firm by default after it filed its defence two days late.’

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Legal Futures, 26th April 2021

Source: www.legalfutures.co.uk