Category: limitations

Ronan Cormacain: The United Kingdom Internal Market Bill and Breach of Domestic Law – UK Constitutional Law Association

Posted September 25th, 2020 in bills, brexit, constitutional law, government departments, international law, limitations, news, parliament, rule of law, statutory interpretation by sally

‘Huge controversy has already been generated over provisions in the United Kingdom Internal Market Bill granting Ministers the power to disapply the Withdrawal Agreement. Most of the debate (Elliott, Armstrong) has been focused on the potential breaches of international law. This could severely damage the reputation of the United Kingdom in the world. However, what has been relatively overlooked is that this Bill is also a flagrant attack on the Rule of Law at the UK domestic level. This remains the case even if amendments proposed by Sir Bob Neill MP (and apparently accepted by the Government) pass.’

Full Story

UK Constitutional Law Association, 23rd September 2020

Source: ukconstitutionallaw.org

Bethany Shiner and Tanzil Chowdhury: The Overseas Operation (Service Personnel and Veterans) Bill and Impunity of the British State – UK Constitutional Law Association

Posted September 25th, 2020 in armed forces, bills, constitutional law, criminal justice, human rights, immunity, limitations, news, time limits by sally

‘The Overseas Operation (Service Personnel and Veterans) Bill was introduced in the House of Commons in March 2020 and is due its second reading on 23 September 2020. In short, the Bill aims to limit prosecution and civil proceedings against military personnel, as well as to enable the UK government to derogate from the European Convention on Human Rights (ECHR) during combat operations. The Bill emerges in response to what numerous Defence Secretaries have referred to as the “judicialisation of war”, a term which has been used to resist the application of the ECHR to overseas military combat operations. Despite the Bill being described as a way to protect soldiers from the “industry” of “vexatious claims” and preserve the ability of combat forces to fight wars effectively, there is every suggestion that this is really about precluding, or at least severely limiting, the accountability of the British state in its overseas military deployments.’

Full Story

UK Constitutional Law Association, 22nd September 2020

Source: ukconstitutionallaw.org

NHS, solicitors and patients group agree Covid-19 claims protocol – Litigation Futures

Posted August 17th, 2020 in claims management, compensation, coronavirus, delay, hospitals, limitations, negligence, news, time limits by sally

‘NHS Resolution, the Society of Clinical Injury Lawyers (SCIL) and patient safety charity Action against Medical Accidents (AvMA) have signed up to a new protocol to better manage claims during Covid-19.’

Full Story

Litigation Futures, 14th August 2020

Source: www.litigationfutures.com

New limits on compensation fund to save costs – Law Society’s Gazette

Posted July 29th, 2020 in barristers, budgets, compensation, fees, limitations, news, professional conduct, solicitors, Solicitors Regulation Authority by tracey

‘Maximum payments to clients of dishonest solicitors are to be slashed from £2m to £500,000 as part of measures to reduce the financial burden on the profession, the Solicitors Regulation Authority has announced.’

Full Story

Law Society's Gazette, 28th July 2020

Source: www.lawgazette.co.uk

Duty of care owed by UK ship agent to Bangladeshi worker? – UK Human Rights Blog

Posted July 20th, 2020 in accidents, duty of care, employment, health & safety, human rights, industrial injuries, limitations, news, ships by sally

‘On 30 March 2018, whilst working on the demolition of an oil tanker on the beach at Chittagong, Bangladesh, Mr Mollah fell to his death.’

Full Story

UK Human Rights Blog, 17th July 2020

Source: ukhumanrightsblog.com

Mesothelioma compensation scheme considered at appellate level for the first time – Hardwicke Chambers

Posted June 16th, 2020 in appeals, asbestos, cancer, compensation, damages, limitations, news, statutory interpretation by sally

‘The Upper Tribunal has handed down judgment in DP v Topmark Claims Management Ltd [2020] UKUT 0106 (AAC), which is the first time the Diffuse Mesothelioma Payment Scheme (“DMPS”) has been considered at an appellate level. It gave guidance on the scope of the scheme, as well as wider points on the nature of an appeal before the First Tier Tribunal (“FTT”) and on statutory interpretation.’

Full Story

Hardwicke Chambers, 2nd June 2020

Source: hardwicke.co.uk

Adding Allegations to a Clinical Negligence Claim: a brief summary of Mangala Janakarajah v (1) Oxford University Hospitals NHS Trust (2) Mario Petrou [2020)] QBD (Soole J) 03/06/2020 – Parklane Plowden Chambers

Posted June 12th, 2020 in amendments, chambers articles, civil procedure rules, damages, hospitals, limitations, negligence, news by sally

‘In clinical negligence cases things change. That’s often because new expert evidence, witness evidence, or medical records come to light. So, when can you add to your existing case?’

Full Story

Parklane Plowden Chambers, 5th June 2020

Source: www.parklaneplowden.co.uk

Limitation: When Does Time Start to Run? – Hailsham Chambers

Posted June 11th, 2020 in contracts, disabled persons, insurance, limitations, news, restitution by sally

‘The key phrase in most but not all of the sections of the Limitation Act 1980 is the accrual of the “cause of action”. Time runs from the accrual of the cause of action.’

Full Story

Hailsham Chambers, June 2020

Source: www.hailshamchambers.com

Covid-19 and Limitation Periods in Cross-Border Disputes – Blackstone Chambers

Posted June 4th, 2020 in coronavirus, EC law, limitations, news by sally

‘The law governing limitation periods is critical in managing a dispute; a failure to commence proceedings within the required limitation period is usually nothing less than fatal to a claim. This article considers the potential impact of the Covid-19 pandemic on limitation periods affecting international civil litigation in the courts of England and Wales (henceforth, with apologies, the English courts). The focus of this article is on statutory limitation periods, but it is important to note that some claims may also be subject to contractually agreed limitation periods which require separate and careful consideration.’

Full Story

Blackstone Chambers, 29th May 2020

Source: coronavirus.blackstonechambers.com

Residential Service Charge – Time for Reform? – Becket Chambers

Posted June 3rd, 2020 in chambers articles, housing, interpretation, landlord & tenant, limitations, news, service charges by sally

‘On Halloween in 2003, the Service Charge (Consultation Requirements) (England) Regulations 2003 (the “Regulations”) came into force, amending section 20 of the Landlord and Tenant Act 1985 (“LTA 1985”). This amendment set a financial limit to works carried out on a residential building, beyond which a landlord would have to consult with tenants. That threshold is £250 per tenant. The nature of the consultation is prescribed by section 20 LTA 1985.’

Full Story

Becket Chambers, 27th May 2020

Source: becket-chambers.co.uk

Identifying and dealing with difficult issues in NIHL cases – Parklane Plowden Chambers

Posted June 3rd, 2020 in chambers articles, damages, limitations, news, noise, personal injuries by sally

‘The diagnosis and quantification of NIHL is affected by innumerable confounding factors, which include:

(i) Constitutional issues, such as unrelated third pathologies, which can

‘replicate’ the pattern of threshold elevation as appears in NIHL cases;

(ii) Personal susceptibility to hearing damage: ‘soft and hard ears’;

(iii) The actual threshold at birth or before noise exposure, which means assumptions must be made regarding the extent of any allegedly raised threshold;

(iv) Age. Particularly how the effects of age are to be calculated and the assumptions which are valid in arriving at an approved or reliable AAHL table of estimates’

Full Story

Parklane Plowden Chambers, 22nd May 2020

Source: www.parklaneplowden.co.uk

Should there be a trial of limitation as a preliminary issue? – Parklane Plowden Chambers

Posted June 2nd, 2020 in case management, civil procedure rules, limitations, news by sally

‘This article discusses whether to list a case for trial of “limitation” as a preliminary issue. This can be a matter of conflict between parties but, in the “age of QOCS”, can have significant benefits or repercussions for the litigants depending on the Court’s approach.’

Full Story

Parklane Plowden Chambers, 21st May 2020

Source: www.parklaneplowden.co.uk

Limitation in historic sex abuse claims: recent decisions on the exercise of section 33 of the Limitation Act 1980 – 12 King’s Bench Walk

Posted May 11th, 2020 in chambers articles, delay, limitations, news, sexual offences by sally

‘A series of judgments have already been handed down this year that deal with limitation in historic sex abuse cases. Each addresses whether it is equitable to allow the claim to proceed by disapplying the long-expired limitation period, by exercising the discretion under section 33 of the Limitation Act 1980.’

Full Story

12 King's Bench Walk, 1st May 2020

Source: www.12kbw.co.uk

Judge sounds warning about ‘lazy’ solicitors over years of inactivity – Law Society’s Gazette

Posted April 28th, 2020 in asbestos, delay, industrial injuries, insurance, limitations, news, solicitors, time limits by sally

‘A High Court judge has narrowly allowed a case to survive despite a wait of almost three years following the identification of a party. Solicitors for the claimant in Gregory v H J Haynes had applied for the limitation period to be extended after a fruitless search for the defendant’s insurer had taken them past the initial three-year limitation date.’

Full Story

Law Society's Gazette, 28th April 2020

Source: www.lawgazette.co.uk

EXE v Governors of the Royal Naval School [2020] EWHC 596 QB – 39 Essex Chambers

Posted April 24th, 2020 in causation, chambers articles, child abuse, children, criminal records, damages, employment, limitations, negligence, news, school children, vicarious liability by sally

‘The Defendants employed a 30 year old man “Hughes” as a kitchen porter from 15 October 1990 to 10 July 1991 at their school for girls. He was provided with accommodation on the school premises. The Defendants were not aware that Hughes had a criminal record, including offences of indecent assault on a female and unlawful sexual intercourse with a girl under the age of 15. Had the Defendants been aware of these convictions, Hughes would not have been offered employment.’

Full Story

39 Essex Chambers, 22nd April 2020

Source: www.39essex.com

PI protocol extended after hundreds sign up – Litigation Futures

Posted April 21st, 2020 in coronavirus, law firms, limitations, news, personal injuries, time limits by sally

‘The protocol aimed at cutting out opportunistic tactics by either claimants or defendants in personal injury (PI) cases during the Covid-19 pandemic has been extended to at least 20 May.’

Full Story

Litigation Futures, 20th April 2020

Source: www.litigationfutures.com

Limitation and Time Limits in Civil Litigation: Implications of Covid 19 – 23 Essex Street

Posted April 17th, 2020 in chambers articles, civil justice, coronavirus, limitations, news, sanctions, time limits by sally

‘Whilst legislation is being rushed through dealing with significant aspects of work undertaken by the legal profession, addressing major societal issues such as housing, crime and the need to conduct hearings remotely, there are many more areas directly impacted by the current circumstances that have not / cannot be legislated for. This article considers the effect of the pandemic on statutory limitation periods and applications for relief from sanctions.’

Full Story

23 Essex Street, 9th April 2020

Source: www.23es.com

Tom Hickman: Eight ways to reinforce and revise the lockdown law – UK Constitutional Law Association

Posted April 16th, 2020 in constitutional law, coronavirus, emergency powers, enforcement, freedom of movement, government departments, human rights, limitations, news, parliament, proportionality, time limits by sally

‘The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 and the counterpart regulations in Wales, Northern Ireland and Scotland, impose the most drastic restrictions on liberty ever seen in the United Kingdom. On 16 April 2020 they reach their first review point and it is a clear that they will be continued, probably initially for a further period of three weeks and thereafter quite likely for a much longer period either in their current form or in modified form.’

Full Story

UK Constitutional Law Association, 16th April 2020

Source: ukconstitutionallaw.org

Sean Molloy: Covid-19, Emergency Legislation and Sunset Clauses – UK Constitutional Law Association

Posted April 9th, 2020 in constitutional law, coronavirus, emergency powers, limitations, news, statutory interpretation by sally

‘On 25 March, the UK passed the Coronavirus Act 2020 as part of its attempt to manage the coronavirus outbreak. The Act introduces a wave of temporary measures designed to either amend existing legislative provisions or introduce new statutory powers in order to mitigate the effects of the COVID-19 (See Nicholas Clapham’s Conversation post here on the content of Bill). As countries around the world enact similar laws, there are notable concerns regarding not only the impact of emergency provisions on human rights, but also the potential of emergency powers to become normalised. One response is to utilise sunset clauses. This piece argues that while sunset clauses are both welcome and necessary, they should nevertheless be approached with a degree of caution.’

Full Story

UK Constitutional Law Association, 8th April 2020

Source: ukconstitutionallaw.org

High Court orders disclosure of DBA and funding – Litigation Futures

Posted March 30th, 2020 in damages, disclosure, limitations, news, third parties by sally

‘The High Court has ordered the claimants in a major group action to disclose details of both the damages-based agreement (DBA) and third-party funding arrangements they have entered into.’

Full Story

Litigation Futures, 30th March 2020

Source: www.litigationfutures.com