limitations – Current Awareness

Landmark reform: no time limit for Child Sexual Abuse claims – Kingsley Napley Medical Negligence and Personal Injury Blog

Posted February 21st, 2025 in burden of proof, chambers articles, child abuse, children, consultations, criminal justice, limitations, Ministry of Justice, news, sexual offences, time limits by Lily

‘Earlier this month, the Government announced landmark reform to child sexual abuse personal injury claims. In legislation expected to be put before parliament next year, the 3-year time limit to bring such claims, which begins to run from a Claimant’s 18th birthday, will be abolished. The burden of proof on determining whether there can be a fair hearing will also shift, from the Claimant to the Defendant.’

Kingsley Napley Medical Negligence and Personal Injury Blog, 20th February 2025

Source: www.kingsleynapley.co.uk

MPs push for assisted dying to be expanded to people with a year left to live – The Independent

Posted February 7th, 2025 in assisted suicide, bills, health, limitations, news by Lily

‘MPs are pushing for assisted deaths to be available for people suffering from Motor Neurone Disease or Parkinson’s who have a year left to live in a new amendment to the bill.’

The Independent, 6th February 2025

Source: www.independent.co.uk

‘Watershed moment’ as three-year time limit on child rape claims scrapped in England and Wales – The Guardian

Posted February 5th, 2025 in child abuse, children, limitations, news, rape by sally

‘Hundreds of child rape survivors, including those targeted by grooming gangs, are expected to pursue their abusers in the courts after ministers scrapped a three-year time limit on compensation claims.’

The Guardian, 5th February 2025

Source: www.theguardian.com

Landlord’s steps related to the disapplication of the presumption of qualifying lease – Falcon Chambers

Posted December 13th, 2024 in building law, chambers articles, housing, landlord & tenant, leases, limitations, news, notification, time limits by sally

‘Paragraph 13 of Schedule 8 BSA and regulation 6 of the Building Safety (Leaseholder Protections) (Information etc.) (England) Regulations 2022 contain short time limits and detailed prescribed requirements for landlords to comply with in seeking leaseholder deeds of certificate.’

Falcon Chambers, 26th November 2024

Source: www.falcon-chambers.com

Avoiding Procedural Pitfalls in Professional Negligence Claims – Gatehouse Chambers

Posted December 13th, 2024 in accountants, chambers articles, compensation, law firms, limitations, negligence, news, pensions, solicitors, time limits, trusts by sally

‘Professional negligence claims are somewhat more susceptible to the many procedural pitfalls in civil litigation. Passage of time, lengthy negotiations before issue, insolvency.’

Gatehouse Chambers, 26th November 2024

Source: gatehouselaw.co.uk

Insolvency cover clarified – Peabody Trust v NHBC – Local Government Lawyer

Posted September 23rd, 2024 in housing, insolvency, insurance, landlord & tenant, limitations, local government, news, time limits by tracey

‘The High Court has clarified – in a case involving a social landlord – when a cause of action accrues under insurance policies providing contractor insolvency cover, and therefore when the limitation period begins. William O’Brien and Alicia Ogborn explains the ruling.’

Local Government Lawyer, 20th September 2024

Source: www.localgovernmentlawyer.co.uk

Thousands of women abused as children may be unable to get justice due to legal anomaly – The Guardian

Posted August 27th, 2024 in child abuse, limitations, news, retrospectivity, sexual offences, victims, women by tracey

‘Thousands of women who were sexually abused as children could be unable to obtain justice because of an anomaly in the law of England and Wales that is being challenged at the European court of human rights.’

The Guardian, 25th August 2024

Source: www.theguardian.com

UK sperm donations being exported despite 10-family limit – The Guardian

Posted August 19th, 2024 in birth, children, export controls, families, limitations, news by tracey

‘Sperm donated in the UK is being exported and can be used to create large numbers of children across multiple countries, contradicting a strict 10-family limit that applies in the UK, experts warn.’

The Guardian, 18th August 2024

Source: www.theguardian.com

High Court refuses time extension to serve claim on law firm – Legal Futures

Posted August 5th, 2024 in law firms, limitations, negligence, news, time limits, wills by tracey

‘The High Court has refused a time extension to claimants to serve a professional negligence claim on a law firm over the restructuring of a trust.’

Legal Futures, 5th August 2024

Source: www.legalfutures.co.uk

Update on limitation periods – Local Government Lawyer

Posted July 16th, 2024 in appeals, contracts, limitations, local government, news, public procurement, time limits by tracey

‘A recent Court of Appeal ruling is a reminder of the applicable limitation periods for those procurements commenced under the current regime, write John Houlden, Laura Tudor and Abigail Cropper.’

Local Government Lawyer, 12th July 2024

Source: www.localgovernmentlawyer.co.uk

Employment and personal injury case brought by trainee naval cadet struck out – 12 King’s Bench Walk

Posted July 10th, 2024 in bullying, chambers articles, damages, employment, equality, harassment, limitations, mental health, news, personal injuries, psychiatric damage by tracey

‘Robert Oldham, pupil barrister at 12 King’s Bench Walk, highlights the lessons for practitioners in Townsend v Corporation of Trinity House [2023] EWHC 3403 (KB), a claim for bullying and harassment that was struck out.’

12 King's Bench Walk, 3rd July 2024

Source: pilawblog.com

Where’s the limit? A recent contrasting pair of lawyers’ liability cases on duty and limitation – 4 New Square

Posted June 6th, 2024 in barristers, chambers articles, limitations, mistake, negligence, news, solicitors, third parties by tracey

‘A recent pair of lawyers’ liability cases have looked at the issue of continuing duties and limitation in two contrasting circumstances: one where the solicitors realised that they had made an error and set about rectifying it, and one where the lawyers did not think that they had been negligent. The two factual scenarios led to diametrically opposed outcomes. Amanda Savage KC and Helen Evans KC examine these recent authorities and what they tell us about where the law is heading on both limitation and duty in lawyers’ claims.’

4 New Square, 3rd June 2024

Source: www.4newsquare.com

Limitation in public contracts challenges – Local Government Lawyer

Posted May 28th, 2024 in contracting out, limitations, news, public procurement, regulations by tracey

‘The High Court has handed down an important judgment, providing extensive guidance on the correct interpretation and application of a number of aspects of the rules governing limitation in respect of challenges to the award of public contracts under the Public Contracts Regulations 2015 (“the PCR”). Joseph Barrett KC examines the ruling.’

Local Government Lawyer, 24th May 2024

Source: www.localgovernmentlawyer.co.uk

Beyond the boundaries of time – Haden, Luxton and section 14 of POCA – Mountford Chambers

Posted May 7th, 2024 in chambers articles, confiscation, delay, limitations, news by sally

‘Grace Khaile considers the Court of Appeal’s latest judgments on delay in confiscation proceedings. The two-year limit in section 14(5) of the Proceeds of Crime Act after conviction for the determination of confiscation proceedings appears to be no more than notional.’

Mountford Chambers, 23rd April 2024

Source: www.mountfordchambers.com

A limitation period applies to unfair prejudice petitions under section 994 of the Companies Act 2006 (THG Plc and others v Zedra Trust Company (Jersey) Limited) – Gatehouse Chambers

Posted April 19th, 2024 in appeals, chambers articles, company law, dispute resolution, limitations, news, time limits, unfairly prejudicial conduct by sally

‘Dispute Resolution analysis: The Court of Appeal has rejected 40 years of “received wisdom” among company law practitioners and has held that a limitation period of either twelve or six years (depending upon the relief sought) applies in respect of petitions under section 994 of the Companies Act 2006.’

Gatehouse Chambers, 7th March 2024

Source: gatehouselaw.co.uk

Ruling sheds light on energy supplier and broker liability for ‘secret’ commissions – OUT-LAW.com

Posted April 4th, 2024 in contracts, energy, fiduciary duty, limitations, news by tracey

‘A new ruling has confirmed that there are only limited circumstances in which British energy suppliers could be held liable for any failings by a broker to meet duties it owes customers pertaining to commission arrangements, experts have said.’

OUT-LAW.com. 3rd April 2024

Source: www.pinsentmasons.com

Trade Marks – Industrial Cleaning Equipment (Southampton) Ltd. v Intelligent Cleaning Equipment Holdings Co. Ltd. and another – NIPC Law

Posted January 9th, 2024 in brexit, EC law, limitations, news, precedent, trade marks by tracey

‘This was an appeal by Intelligent Cleaning Equipment Holdings Co Ltd. (“Intelligent”) and Killis Ltd. (“Killis”) against the order of Her Honour Judge Melissa Clarke of 23 March 2023 granting Industrial Cleaning Equipment (Southampton) Ltd. (“Industrial”) relief against Intelligent and Killis from trade mark infringement and dismissing their counterclaim for the reasons set out in her judgment in Industrial Cleaning Equipment (Southampton) Ltd v Intelligent Cleaning Equipment Holdings Co Ltd [2023] EWHC 411 (IPEC) (27 Feb 2023).’

NIPC Law, 4th January 2024

Source: nipclaw.blogspot.com

Canada Square Operations Ltd v Potter [2023] UKSC 41 – New Square Chambers

Posted December 20th, 2023 in appeals, chambers articles, compensation, disclosure, limitations, loans, news, Supreme Court, time limits by sally

‘In 2006 Mrs Potter entered into a credit agreement (under the Consumer Credit Act 1974) with Canada Square. She borrowed c.£21K, being a loan of £17K and a PPI premium of £4K (arranged for her by Canada Square). c.£200 was paid to the insurer, with 95% of the premium going to Canada Square, who did not tell Mrs Potter about the commission.’

New Square Chambers, 16th November 2023

Source: www.newsquarechambers.co.uk

Alerter by Thomas Samuels & Thomas Mallon – Canada Square Operations v Potter [2023] UKSC 41 – Henderson Chambers

Posted December 20th, 2023 in appeals, chambers articles, compensation, disclosure, limitations, loans, news, time limits by sally

‘In upholding the Court of Appeal’s outcome, the Supreme Court has fundamentally reformulated the approach to s.32 of the Limitation Act 1980.’

Henderson Chambers, 17th November 2023

Source: www.hendersonchambers.co.uk

Deliberating about deliberate concealment and recklessness – Hailsham Chambers

Posted December 20th, 2023 in appeals, chambers articles, disclosure, limitations, news, Supreme Court, time limits by sally

‘The Supreme Court’s decision in Canada Square Operations Ltd v Potter [2023] UKSC 41 is a major landmark, which should be welcomed for its restoration of reasonable simplicity to what had become an unduly complex subject. In doing so, it has established that in a limitation context, “deliberate” means “deliberate” and does not mean “reckless”.’

Hailsham Chambers, 16th November 2023

Source: www.hailshamchambers.com

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