‘Parties to international arbitration should pay close attention to the applicable limitation periods, particularly where the project involves a potential mix of applicable sources of law.’
OUT-LAW.com, 31st August 2023
Source: www.pinsentmasons.com
‘Georgia Whiting and Chris Bryden of 4 King’s Bench Walk report on a Supreme Court ruling on a major oil spill.’
4KBW, 13th July 2023
Source: www.4kbw.co.uk
‘On Wednesday [26 July], the Competition Appeal Tribunal handed down a judgment that is particularly significant for its analysis of the European Union (Withdrawal) Act 2018 (the “2018 Act”) and the scope of retained EU law.’
Blackstone Chambers, 28th July 2023
Source: www.blackstonechambers.com
‘The UK Supreme Court unanimously decided that the public sector equality duty in the Equality Act 2010 does not apply directly to persons outside of the UK. However, the equalities objectives may remain indirectly relevant to decision-makers.’
EIN Blog, 18th July 2023
Source: www.ein.org.uk
‘A new ruling has highlighted how claims concerning building defects that would otherwise be time-barred can still be raised under the 2022 Building Safety Act, an expert has said.’
OUT-LAW.com, 14th July 2023
Source: www.pinsentmasons.com
‘Interest on a £38 million costs order is due on the date of the original order and accrues from day to day thereafter, a judge has ruled followign a 10-year legal battle. The Honourable Mrs Justice Dias described the application before her in Deutsche Bank AG v Sebastian Holdings Inc as raising “a short but interesting point of statutory construction on which there is surprisingly no direct authority.”’
Law Society's Gazette, 30th June 2023
Source: www.lawgazette.co.uk
‘Nick McQueen and Inam Hasan highlight important lessons to learn from a recent Court of Appeal case in the construction sector on the enforceability and effect of dispute escalation clauses.’
Local Government Lawyer, 23rd June 2023
Source: www.localgovernmentlawyer.co.uk
‘This appeal concerns the tort of private nuisance (a civil wrong) in the context of a major oil spill. The question at issue is whether there is a continuing private nuisance and hence a continuing cause of action. This is an important question because it affects when the limitation period for the bringing of claims (which in English law for torts is normally six years) starts to run.’
UKSC Blog, 10th May 2023
Source: ukscblog.com
‘The Competition Appeal Tribunal is set to hear arguments today on a complex EU law issue worth billions of pounds in proceedings against credit card providers, Mastercard and Visa.’
Law Society's Gazette, 24th April 2023
Source: www.lawgazette.co.uk
‘The Ministry of Justice has rejected broadening eligibility for bereavement damages despite accusations the current limits are outdated and unfair.’
Law Society's Gazette, 20th April 2023
Source: www.lawgazette.co.uk
‘A judge has chided a litigant in person for failing to familiarise himself with the civil procedure rules and the statutes governing limitation. Effectively quashing a defamation claim brought against Pakistani newspaper publishers, a broadcaster and a journalist, Master Cook said that claimant Shah Muhammad had not consulted the Kings Bench Guide and the CPR, both available online.’
Law Society's Gazette, 3rd April 2023
Source: www.lawgazette.co.uk
‘2023 has already been a landmark year for nuisance, with the Supreme Court handing down its controversial decision in Fearn v Tate Gallery (as discussed on this blog). The good news for those with a particular interest in the bothersome behaviour of neighbours is that Fearn is only the start.’
UK Human Rights Blog, 24th March 2023
Source: ukhumanrightsblog.com
‘The Secretary of State for Justice (SoSJ) has successfully applied to the High Court for the lifting of the automatic suspension in a procurement challenge to the outcome of a mini-competition for a call-off contract relating to the provision of digital and audiovisual (‘AV’) equipment for use by HM Courts and Tribunals Service.’
Local Government Lawyer, 13th March 2023
Source: www.localgovernmentlawyer.co.uk
‘I can’t say that I recall Dyson LJ’s judgment in Connex South Eastern Ltd v MJ Building Services Group being handed down back in 2005 but I do know it is the case that told us that the phrase “at any time” means exactly that. It’s like Ronseal’s famous phrase, “Does exactly what it says on the tin”. With the Court of Appeal giving the words their literal and ordinary meaning, it was plain speaking at its best! It has also meant that for as long as I can remember, we have all assumed that there is no time limit on when a party can start an adjudication. (In Connex, the court was dealing with a situation where the notice of adjudication was issued after practical completion and after repudiation of the contract.) Consequently, the only limitations (if there are any) are the ones we find in the Limitation Act 1980, which doesn’t prevent a party from starting an adjudication but may provide the responding party with a defence (if taken), which means the adjudicator’s decision will be in their favour. (The same applies in court proceedings and, if the defence is successful, the claim may be struck out.) If this is all so well-established, you might wonder why I’m bothering to mention it. The answer is, because of HHJ Russen KC’s judgment in LJR Interiors Ltd v Cooper Construction Ltd, which he handed down last month.’
Practical Law: Construction Blog , 14th February 2023
‘Commercial court judges found “neither side had covered itself in glory” in the latest judgment in Merricks v Mastercard Incorporated and Ors.’
Law Society's Gazette, 5th February 2023
Source: www.lawgazette.co.uk
‘In this brief note Justin Valentine, Counsel for the claimant, discusses an unusual case where serious sciatic nerve injury was sustained by the claimant shortly after her birth in the mid-1960s, but where she only became aware of the negligence in her 50s over 30 years after the end of the primary limitation period. Limitation was initially raised as an issue but was dropped at CCMC stage. The case settled subsequent to a JSM for approximately £1.6 million.’
St John's Chambers, 3rd January 2023
Source: www.stjohnschambers.co.uk
‘A woman whose solicitors’ error meant she was too late to challenge her mother’s will has been given permission to bring her action out of time.’
Legal futures, 2nd December 2022
Source: www.legalfutures.co.uk
‘Lowe v Charterhouse (2022) EW Misc 8 (CC). A county court deposit penalty claim judgment, but well worth noting because a) a Circuit Judge decision by HHJ Luba KC, b) there are some broader points in application , and c) well it is quite the case.’
Nearly Legal, 30th October 2022
Source: nearlylegal.co.uk
‘The Deputy Prime Minister Dominic Raab has today (20 July 2022) set out a package of measures that take aim at so-called “Strategic Lawsuits Against Public Participation” (SLAPPs).’
Ministry of Justice, 20th July 2022
Source: www.gov.uk
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