Employment Appeal Tribunal gives comprehensive guidance on the correct approach to applications to extend time – Devereuax Chambers

Posted November 13th, 2024 in appeals, chambers articles, employment, employment tribunals, news, time limits by sally

‘A litigant wishing to appeal against a decision of the Employment Tribunal must issue a Notice of Appeal within 42 days of either the Tribunal’s order or the date on which the written reasons were sent to the parties.’

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Devereux Chambers, 3rd October 2024

Source: www.devereuxchambers.co.uk

Much ado about timescales – planning challenges – Local Government Lawyer

Posted November 12th, 2024 in areas of outstanding natural beauty, housing, news, planning, service, time limits by tracey

‘A High Court judge recently dismissed a statutory challenge brought by a town council over permission for a 146-home scheme, saying he did not have power to extend time for service. Alex Minhinick and Emily Kell-Rowan analyse the judgment.’

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Local Government Lawyer, 9th November 2024

Source: www.localgovernmentlawyer.co.uk

End of lifetime licences for rehabilitated IPP offenders – Ministry of Justice

Posted November 4th, 2024 in news, parole, rehabilitation, release on licence, sentencing, time limits by tracey

‘Around 1,800 rehabilitated offenders still under indefinite probation oversight for abolished Imprisonment for Public Protection (IPP) sentences, years after completing their prison terms, will have this supervision lifted today (1 November 2024).’

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Ministry of Justice, 1st November 2024

Source: www.gov.uk

Lawyers’ “serious failings” topped by Court of Appeal errors – Legal Futures

Posted November 4th, 2024 in appeals, delay, immigration, judicial review, news, time limits by tracey

‘The “serious failings” of an immigration claimant’s lawyers in appealing a decision were rendered irrelevant by mistakes in the Court of Appeal office, the court has admitted.’

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Legal Futures, 4th November 2024

Source: www.legalfutures.co.uk

Divorce applications wrongly approved after computer error, high court hears – The Guardian

Posted October 31st, 2024 in computer programs, divorce, families, family courts, marriage, news, time limits by sally

‘Dozens of divorce applications were wrongly approved due to a computer error, the high court has heard.’

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The Guardian, 31st October 2024

Source: www.theguardian.com

What’s another day? – Nearly Legal

Posted October 29th, 2024 in appeals, housing, landlord & tenant, news, rent, time limits by tracey

‘Moh & Ors v Rimal Properties Ltd (2024) UKUT 324 (LC). An appeal from two rent repayment order applications, in both of which the FTT had decided it had no jurisdiction to make a rent repayment order because the applications were made outside the statutory period.’

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Nearly Legal, 27th October 2024

Source: nearlylegal.co.uk

The Case for Overseas Constituencies – Oxford Human Rights Hub

Posted October 10th, 2024 in citizenship, domicile, elections, news, regulations, time limits by sally

‘The Elections Act 2022 received Royal Assent on 28 April 2022. Section 14, amending sections 1 and 2 of the Representation of the People Act 1985, removed the 15-year limit that had hitherto applied to electoral registration of British citizens who reside abroad. Following the commencement of the Representation of the People (Overseas Electors) (Amendment) Regulations 2023 on 16 January 2024, overseas voters were able to register to vote in July’s General Election; they did so either at the last address they were registered to vote before leaving or, for newly eligible voters, at the last address they were resident in the UK before emigrating. This post argues that the establishment of overseas constituencies in UK Parliamentary elections is a further desirable electoral reform.’

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Oxford Human Rights Hub, 9th October 2024

Source: ohrh.law.ox.ac.uk

High Court judge dismisses statutory challenge by town council over permission for 146-home scheme, saying he did not have power to extend time for service – Local Government Library

Posted October 7th, 2024 in civil procedure rules, housing, local government, news, planning, service, time limits by michael

‘A deputy High Court judge has dismissed a statutory review challenge brought by a town council over a planning inspector’s grant of permission for a 146-dwelling scheme, after finding that the court had no power to extend time for service of proceedings after they were served late by the claimant’s solicitors.’

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Local Government Lawyer, 4th October 2024

Source: www.localgovernmentlawyer.co.uk

Adverse possession – the time to believe? – Law Society’s Gazette

‘The Land Registration Act 2002 was thought to have killed off adverse possession as an active legal mechanism, but the recent case of Brown v Ridley has reopened the debate. The central issue: when is the 10-year period during which the applicant must have a reasonable belief to satisfy paragraph 5(4) of schedule 6? This is one of the three conditions which an applicant must satisfy if the registered title owner objects to the application for adverse possession.’

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Law Society's Gazette, 2nd October 2024

Source: www.lawgazette.co.uk

Council left family in B&B accommodation for a year more than maximum allowed period: Ombudsman – Local Government Lawyer

‘Birmingham City Council placed a family in bed and breakfast accommodation for 58 weeks, one year more than the maximum time such accommodation can be used for homeless applicants with family commitments, the Local Government & Social Care Ombudsman (LGSCO) has found.’

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Local Government Lawyer, 30th September 2024

Source: www.localgovernmentlawyer.co.uk

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

‘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.’

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Local Government Lawyer, 20th September 2024

Source: www.localgovernmentlawyer.co.uk

Appeal judges reject prisoner’s claim that lawyers failed him in court – Legal Futures

Posted September 3rd, 2024 in appeals, grievous bodily harm, legal representation, news, time limits by tracey

‘The Court of Appeal has rejected a prisoner’s claim that his lawyers “failed to represent him properly” after convictions for grievous bodily harm (GBH).’

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Legal Futures, 3rd September 2024

Source: www.legalfutures.co.uk

NHS clinical negligence agreement “encourages apologies” – Legal Futures

‘A successor agreement to the Covid-19 clinical negligence protocol has been launched , which encourages the NHS to provide a “meaningful letter of apology” where liability is admitted and identify any patient safety lessons.’

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Legal Futures, 28th August 2024

Source: www.legalfutures.co.uk

Cohabitation and Separation: When Does the Clock Start and Stop? – Financial Remedies Journal

Posted August 23rd, 2024 in cohabitation, divorce, marriage, news, time limits by tracey

‘Since the two seminal decisions of the House of Lords, first in White v White [2000] 2 FLR 981 and then in Miller v Miller; McFarlane v McFarlane [2006] 1 FLR 1186, introduced practitioners to the potentially crucial distinction (in sharing cases, at least) between matrimonial and non-matrimonial property, and the decision of Nicholas Mostyn QC (as he then was) in GW v RW (Financial Provision: Departure from Equality) [2003] 2 FLR 108 introduced into orthodoxy the practice of treating seamless pre-marital cohabitation as, or at least as if it were, part of a marriage, the question of when parties commenced cohabitation has assumed an important significance (although, unlike the ES1, Form E still does not require them to set out when they say that was), alongside the question of when they separated.’

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Financial Remedies Journal, 22nd August 2024

Source: financialremediesjournal.com

140 women win payouts for vaginal mesh complications – The Independent

Posted August 20th, 2024 in compensation, medical treatment, news, personal injuries, time limits, women by tracey

‘Some 140 women who experienced distressing side effects after getting vaginal mesh implants have won payouts expected to stretch into millions of pounds in England.’

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The Independent, 19th August 2024

Source: www.independent.co.uk

CoA issues guidance on placement timings after local authority wrongly proceeded with ‘farewell visit’ while father’s application for permission to appeal was pending – Local Government Lawyer

‘The Court of Appeal has outlined guidance on placement timings, after finding that a local authority’s decision to proceed with a farewell visit while a father’s application for permission to appeal was pending was “plainly wrong” and “contrary to the children’s interests”.’

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Local Government Lawyer, 2nd August 2024

Source: www.localgovernmentlawyer.co.uk

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.’

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Legal Futures, 5th August 2024

Source: www.legalfutures.co.uk

Update on limitation periods – Local Government Lawyer

‘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.’

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Local Government Lawyer, 12th July 2024

Source: www.localgovernmentlawyer.co.uk

Time-limits in asset forfeiture proceedings – high time for clarity? – 2 Hare Court

Posted June 25th, 2024 in chambers articles, forfeiture, news, proceeds of crime, time limits by tracey

‘Since the jurisdiction to freeze bank accounts and seize specific listed assets was introduced to the Magistrates’ Court by the Criminal Finances Act 2017, there has been a considerable increase in the recovery of money alleged to be the proceeds of crime or intended for use in crime by the authorities. Money recovered in civil forfeiture proceedings has increased from £42.5m in 2017/18, to £193.4m in 2021/22 and £97.2m in 2022/23. Account forfeiture orders made up 70% and 67% of those more recent receipts from civil forfeiture proceedings.’

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2 Hare Court, 20th June 2024

Source: www.2harecourt.com

More changes to the EU Settlement Scheme – Kingsley Napley Immigration Law Blog

Posted June 20th, 2024 in brexit, government departments, immigration, news, time limits by sally

‘A series of changes to the EU Settlement Scheme have resulted from the February 2023 High Court judgement in the Independent Monitoring Authority (IMA) case. The judgement said that in accordance with the Withdrawal Agreement when the UK left the EU, pre-settled status holders do not lose their residency right upon failure to make an application for settled status before their pre-settled status expires.’

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Kingsley Napley Immigration Law Blog, June 2024

Source: www.kingsleynapley.co.uk