limitations – Page 13 – Current Awareness

Some limitations on setting aside vulnerable mortgage transactions – 11 Stone Buildings

Posted January 22nd, 2014 in limitations, mortgages, news, setting aside, undue influence by sally

‘The landmark decision of the House of Lords Royal Bank of Scotland v Etridge (No 2) [2002] 2 AC 773
described the circumstances which render a lending transaction by a bank vulnerable to a challenge for undue influence and provided guidance to bankers as to which steps they would need to take in order to protect their lending, and any security to be taken, from challenge. Several cases decided since Etridgehave demonstrated the breadth of the scope for challenge where bankers have failed to follow the guidance, while others have highlighted some constraints on effective challenges based upon undue influence. Jeremy Cousins QC discussed this topic at a recent lecture of the Chancery Bar Association and shares his thought in this detailed ‘Insider’.’

Full story

11 Stone Buildings, January 2014

Source: www.11sb.com

MoJ confirms plans for medical whiplash panels – Law Society’s Gazette

Posted January 16th, 2014 in doctors, evidence, fraud, limitations, news, personal injuries by tracey

‘The Ministry of Justice has confirmed that a working group will next month begin the process of creating medical panels to assess whiplash injury claims.’

Full story

Law Society’s Gazette, 16th January 2014

Source: www.lawgazette.co.uk

Court of Appeal decision on limitation periods could have adverse consequences for contracting parties, says expert – OUT-LAW.com

Posted December 13th, 2013 in appeals, construction industry, contracts, limitations, news, time limits by sally

‘A recent court decision which changed the point at which the six years within which a contractor must begin litigation in the courts starts to run could lead to uncertainty for the successful party to an earlier adjudication, an expert has said.’

Full story

OUT-LAW.com, 12th December 2013

Source: www.out-law.com

Aspect Contracts (Asbestos) Ltd v Higgins Construction Ltd – WLR Daily

Posted December 2nd, 2013 in construction industry, contracts, damages, dispute resolution, law reports, limitations, repayment by sally

Aspect Contracts (Asbestos) Ltd v Higgins Construction Ltd [2013] EWCA Civ 1541; [2013] WLR (D) 463

‘On a true construction of an implied term in a construction contract a party was entitled, following an adjudication in which it had been the loser, but where it maintained that it had made an over-payment, to bring proceedings for repayment; and the applicable limitation period ran from the date of the over-payment.’

WLR Daily, 29th November 2013

Source: www.iclr.co.uk

Green v RBS: Lessons in Interest-Rate Hedge Products Litigation – Littleton Chambers

Posted October 30th, 2013 in appeals, consumer protection, duty of care, interest, limitations, news, statutory duty by sally

“Interest- Rate Hedge Products (‘IRHPs’) include a variety of different products sold to customers to help protect them against interest rate risk. The down side is that such products are often complex and structured to produce adverse financial effects for the customer if the Bank of England Base Rate (‘Base Rate’) goes down. And we all know that is exactly what has happened in recent years. This has given rise to a wave of IRHP mis-selling claims.”

Full story

Littleton Chambers, 23rd October 2013

Source: www.littletonchambers.com

Is this the end for Swap Mis-selling Claims? – No. 5 Chambers

Posted October 30th, 2013 in appeals, banking, consumer protection, contracts, interest, limitations, news by sally

“One of the difficulties encountered when advising clients as to the merits of their claim that they have been mis-sold an Interest Rate Hedging Product (IRHP), usually an Interest Rate Swap, is the paucity of decided case law concerning the sale of such products.”

Full story

No. 5 Chambers, 21st October 2013

Source: www.no5.com

Elvanite Full Circle Limited v AMEC Earth & Environmental (UK) Limited [2013] EWHC 1191 (TCC) – 4 New Square

Posted July 3rd, 2013 in contracts, damages, interpretation, limitations, negligence, news, planning by sally

“The judgment develops the growing body of case law surrounding planning consultants and both the substantive and costs judgments will be of interest to construction and costs practitioners alike. The case also raises interesting issues concerning exclusion clauses (including UCTA), limitation of liability, estoppel, waiver, extensions of time and the correct measure of loss.”

Full story (PDF)

4 New Square, 1st July 2013

Source: www.4newsquare.com

Berney v Saul: No road to Damascus moment – Hardwicke Chambers

Posted June 26th, 2013 in appeals, limitations, negligence, news, solicitors by sally

“A claimant’s chose in action represented by his claims in litigation is something which has a value, provided it is not certain or nearly certain to fail. Clients pay lawyers to take care of that chose in action by putting the claim forward in the proper way and by managing its progress in accordance with the rules and orders of the Court.”

Full story

Hardwicke Chambers, 25th June 2013

Source: www.hardwicke.co.uk

Ramsey: costs management limits being reviewed – Litigation Futures

Posted May 13th, 2013 in costs, damages, judges, limitations, news, solicitors by tracey

“The £2m limit above which commercial cases are not subject to automatic costs management is being reviewed, the judge in charge of Jackson implementation has revealed, while also hinting that pre-issue costs may come within costs management in future.”

Full story

Litigation Futures, 13th May 2013

Source: www.litigationfutures.com

Parshall v Hackney – WLR daily

Posted March 28th, 2013 in appeals, land registration, law reports, limitations by tracey

Parshall v Hackney: [2013] EWCA Civ 240; [2013] WLR (D) 124

“Where land was concurrently registered under two different titles, neither owner could be in adverse possession of the land for the purposes of the Limitation Act 1980 since such possession would not be unlawful.”

WLR Daily, 26th March 2013

Source: www.iclr.co.uk

Sayers v Lord Chelwood and another – WLR Daily

Posted December 21st, 2012 in law reports, limitations, personal injuries, time limits by tracey

Sayers v Lord Chelwood and another: [2012] EWCA Civ 1715; [2012] WLR (D) 389

“The burden on a claimant who wished the court to exercise its discretion under section 33 of the Limitation Act 1980 to override the time limit for bringing an action in respect of personal injuries was not necessarily a heavy one. How difficult or easy it would be for the claimant to discharge the burden would depend on the facts of the particular case.”

WLR Daily, 19th December 2012

Source: www.iclr.co.uk

Phillips & Co (a firm) v Bath Housing Co-operative Ltd – WLR Daily

Posted December 12th, 2012 in civil justice, costs, law reports, legal profession, limitations, solicitors by sally

Phillips & Co (a firm) v Bath Housing Co-operative Ltd [2012] EWCA Civ 1591; [2012] WLR (D) 372

“A solicitors’ claim for costs, billed but not yet fixed by assessment or agreement, fell within the phrase ‘debt or other liquidated pecuniary claim’ in section 29(5)(a) of the Limitation Act 1980.”

WLR Daily, 11th December 2012

Source: www.iclr.co.uk

Miners’ Knee Litigation: Judgment in the Court of Appeal – 4 New Square

Posted November 7th, 2012 in delay, industrial injuries, limitations, miners, negligence, news by sally

“On 25 October 2012, the Court of Appeal handed down judgment in the Miners’ Knee Group Litigation. This is the latest determination of the appellate courts on issues of limitation arising in group actions and follows the recent decision of the Supreme Court in the Atomic Veterans Litigation earlier this year.”

Full story (PDF)

4 New Square, 1st November 2012

Source: www.4newsquare.com

Jimmy Savile – the final cost – Halsbury’s Law Exchange

Posted October 18th, 2012 in child abuse, evidence, limitations, news by sally

“The Metropolitan police, which is coordinating a nationwide investigation into allegations of abuse against Jimmy Savile, has said that the claims against Savile date back to 1959 and could include more than 60 victims. In my view, this is likely to be a considerable underestimate, based upon the length of time Savile was active (roughly half a century) and the sheer number of children’s homes, hospitals, TV shows and other organisations connected with Savile, where he had access to children on an almost daily basis.”

Full story

Halsbury’s Law Exchange, 16th October 2012

Source: www.halsburyslawexchange.co.uk

Deutsche Bahn AG and others v Morgan Crucible and others – WLR Daily

Posted August 3rd, 2012 in appeals, competition, EC law, law reports, limitations, statutory interpretation by tracey

Deutsche Bahn AG and others v Morgan Crucible and others: [2012] EWCA Civ 1055; [2012] WLR (D) 244

“Where an addressee of a decision of the European Commission that there had been an infringement of competition law appealed to the General Court of the European Union against that decision, the two-year limitation period for the bringing of ‘follow-on’ proceedings in the Competition Appeal Tribunal would not begin to run against any other addressees of the decision until the appeal had been determined.”

WLR Daily, 31st July 2012

Source: www.iclr.co.uk

Domestic and Personal Injury Newsletter – Thirty Nine Essex Street

Posted July 2nd, 2012 in asbestos, costs, damages, duty of care, employment, ex turpi causa, health & safety, limitations, news, personal injuries by sally

Domestic and Personal Injury Newsletter (PDF)

Thirty Nine Essex Street, June 2012

Source: www.39essex.com

Test Claimants in the Franked Investment Income Group Litigation v Customs and Excise Comrs (formerly Inland Revenue Comrs) – WLR Daily

Posted May 25th, 2012 in corporation tax, EC law, law reports, limitations, restitution by tracey

Test Claimants in the Franked Investment Income Group Litigation v Customs and Excise Comrs (formerly Inland Revenue Comrs): [2012] UKSC 19; [2012] WLR (D) 161

“Claims for recovery of unlawfully exacted tax under the principle in Woolwich Equitable Building Society v Inland Revenue Comrs [1993] AC 70 (‘the Woolwich principle’) were not limited to those cases where there had been an actual demand by the revenue for payment, but applied generally in all cases where there had been a payment in response to an apparent statutory requirement to pay tax, which was not lawfully due.”

WLR Daily, 23rd May 2012

Source: www.iclr.co.uk

Williams v Central Bank of Nigeria – WLR Daily

Posted April 5th, 2012 in appeals, breach of trust, fraud, law reports, limitations, time limits by sally

Williams v Central Bank of Nigeria [2012] EWCA Civ 415; [2012] WLR (D) 108

“An action by a beneficiary under a trust might be brought in respect of any fraud or fraudulent breach of trust to which the trustee was party or privy against both that trustee and any other person who dishonestly assisted him in such fraud or fraudulent breach of trust, in either case, after the expiration of the six-year limitation period for which section 21(3) of the Limitation Act 1980 provided.”

WLR Daily, 3rd April 2012

Source: www.iclr.co.uk

The Atomic Veterans Litigation – 4 New Square

Posted March 19th, 2012 in appeals, damages, limitations, news, nuclear weapons, personal injuries by sally

“The Supreme Court handed down judgment in the Atomic Veterans Litigation (AVL) on 14 March 2012. The appeal is the first time the highest court has considered the law of limitation in group actions. The decision as to the correct approach to knowledge for the purpose of s.14(1) Limitation Act 1980 is relevant not only to personal injury claims but also to actions in respect of defective products (ss. 11A(4)(b) and 5(b)) and negligence actions not involving personal injury (s.14A). The decision is also relevant to the law of causation in tort and the extent to which claims may be proved by merely showing a material increase in the risk of harm.”

Full story (PDF)

4 New Square, 14th March 2012

Source: www.4newsquare.com