‘The High Court has found that quashing a pre-commencement condition discharge can have retrospective effect and invalidate the commencement of development.’
Local Government Lawyer, 12th September 2024
Source: www.localgovernmentlawyer.co.uk
‘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
‘The government is still considering concerns expressed about the retrospective effect of the bill to overturn last year’s Supreme Court ruling in PACCAR, a minister said yesterday.’
Legal Futures, 30th April 2024
Source: www.legalfutures.co.uk
‘The justice secretary said he was considering backdating new rules which mean wrongly convicted people will no longer have prison living costs deducted from compensation.’
BBC News, 8th August 2023
Source: www.bbc.co.uk
‘Awarding a 15% fee uplift to existing criminal legal aid cases poses no legal problems, the government has conceded following the threat of litigation.’
Law Society's Gazette, 13th July 2022
Source: www.lawgazette.co.uk
‘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.’
EIN Blog, 13th September 2021
Source: www.ein.org.uk
‘The High Court has ruled that it has no power to consider a “retrospective” application for permission to appeal against its judgment in an arbitration case which was itself an appeal.’
Litigation Futures, 2nd December 2020
Source: www.litigationfutures.com
‘In short, the case concerns three children but the judgement largely deals with the eldest child, B, a 14-year-old boy who was wrongly removed and retained by the mother in Sierra Leone. The younger two children remain in England with the mother. The father applied in wardship for a summary inward return order for B. Ten months ago, the mother took B to Sierra Leone and left him there with her mother (who is highlighted in the case, to be a police officer in Sierra Leone). The father also applied for Child Arrangement Order for contact with the children. The mother then cross-applied for an order permitting her retrospectively relocating B to Sierra Leone until the summer of 2022 to enable him to conclude his GCSEs at a school in Sierra Leone.’
Family Law, 22nd May 2020
Source: www.familylaw.co.uk
‘A High Court judge has “without much enthusiasm” refused an appeal by the London Borough of Tower Hamlets against an inspector’s grant of retrospective planning permission to demolish three homes.’
Local Government Lawyer, 29th August 2019
Source: www.localgovernmentlawyer.co.uk
‘Pension trustees have not been allowed to justify an increase pension contributions with rule changes that happened two years later. The Court of Appeal in the UK has ruled that trustees cannot use rule changes from 1993 to rectify mistakes made in 1991.’
OUT-LAW.com, 15th May 2019
Source: www.out-law.com
‘Service of proceedings continues to be a fertile ground for disputes. Meritorious and valuable claims can fail on a technicality given how hard it is to obtain a retrospective extension of time for service of a claim form. Here are ten top tips for avoiding the pitfalls and ascertaining whether your opponent has fallen into one.’
4 New Square, 24th October 2018
Source: www.4newsquare.com
‘Paola Fudakowska & Henrietta Mason provide a wills & probate update.’
New Law Journal, 19th May 2017
Source: www.newlawjournal.co.uk
‘Last Friday the CAT handed down a judgment on the first ever-application for a collective proceedings order under the new regime introduced by the Consumer Rights Act 2015. The judgment will generally be welcomed by potential claimants, but it has a sting in the tail which may cause serious difficulties for class actions in other vertical infringement cases.’
Competition Bulletin from Blackstone Chambers, 6th April 2017
Source: www.competitionbulletin.com
‘Refusing to retrospectively re-write national laws to reflect the “evolving” legal recognition of same-sex couples is not discriminatory, the European Court of Human Rights (ECHR) has confirmed.’
OUT-LAW.com, 20th June 2016
Source: www.out-law.com
‘New laws that aim to stop the UK being a magnet for money launderers – by forcing the owners of properties to reveal their identities – should be applied retrospectively, leading anti-corruption organisations whose work has strongly influenced the government are saying.’
The Guardian, 13th February 2016
Source: www.guardian.co.uk
‘Relatives of 24 rubber plantation workers killed by British troops almost 70 years ago in Malaya have lost an appeal for an official investigation.’
BBC News, 25th November 2015
Source: www.bbc.co.uk
O’Brien v Shorrock and another [2015] EWHC 1630 (QB); [2015] WLR (D) 366
The obligation under paragraph 19.4 of the CPR Practice Direction 44, since amended, was to inform the other party, by the notice of funding, of the date when a conditional fee agreement with retrospective effect was made rather than the earlier date when it came into effect.
WLR Daily, 12th June 2015
Source: www.iclr.co.uk
‘It was implicit in the terms of sections 73 and 73A of the Town and Country Planning Act 1990, as amended, that in an appropriate case a planning authority considering an application under section 73 for planning permission to proceed with a development without complying with conditions attached to an existing permission might grant, under section 73A, retrospective planning permission for a development already carried out, subject to conditions imposed under section 70. There might be some unusual circumstance that would require the inspector to forewarn the applicant that he was minded to act under section 73A.’
WLR Daily, 25th February 2015
Source: www.iclr.co.uk
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