Contract terms, certainty and reasonable endeavours clauses – 4 New Square
‘Melody Hadfield considers the High Court’s decision in Salem v Salem and the enforceability of “reasonable endeavours” clauses.’
27th January 2025
Source: www.4newsquare.com
Category: time limits
SRA can keep disciplinary decisions online for longer – Legal Futures
‘The Legal Services Board (LSB) has approved plans by the Solicitors Regulation Authority (SRA) to change its publication policy and keep details of misconduct on its website for longer.’
Legal Futures, 28th January 2025
Source: www.legalfutures.co.uk
Menzies v Oakwood: requirement for specific agreement to transform retention of client monies into the payment of solicitors’ bills – Gatehouse Chambers
‘In Menzies v Oakwood Solicitors [2024] UKSC 34, the Supreme Court considered the meaning of payment for the purposes of section 70(4) of the Solicitors Act 1974 (SA 1974).’
Gatehouse Chambers, 20th December 2024
Source: gatehouselaw.co.uk
New rule to help drivers avoid harsh parking fines under consideration – The Independent
‘British motorists can expect a major change in private parking rules in a bid to combat unfair parking fines after legal action was launched against a driver for taking more than five minutes to pay for using a car park. The new rules, which could be implemented in the next month or two, would allow drivers more time to pay for their parking space.’
The Independent, 14th January 2025
Source: www.independent.co.uk
The Lord Chancellor v 79 Divorced Couples: A Pirate’s Tale – Financial Remedies Journal
‘At the end of term, the High Court handed down judgment in a challenging case, whose solution lay in the application of a much-forgotten 53-year-old judgment of the “pirate-like” Sir Jocelyn Simon P to seemingly irresolvable issues caused by errors in the digitalisation of the divorce process.’
Financial Remedies Journal, 6th January 2025
Source: financialremediesjournal.com
Landlord’s steps related to the disapplication of the presumption of qualifying lease – Falcon Chambers
‘Paragraph 13 of Schedule 8 BSA and regulation 6 of the Building Safety (Leaseholder Protections) (Information etc.) (England) Regulations 2022 contain short time limits and detailed prescribed requirements for landlords to comply with in seeking leaseholder deeds of certificate.’
Falcon Chambers, 26th November 2024
Source: www.falcon-chambers.com
Avoiding Procedural Pitfalls in Professional Negligence Claims – Gatehouse Chambers
‘Professional negligence claims are somewhat more susceptible to the many procedural pitfalls in civil litigation. Passage of time, lengthy negotiations before issue, insolvency.’
Gatehouse Chambers, 26th November 2024
Source: gatehouselaw.co.uk
Refugees in Home Office hotels will be given twice as long to find new accommodation before eviction – The Independent
‘The Home Office has extended the grace period that an asylum seeker has to transition from supported housing to their own accommodation from 28 to 56 days. The move is a victory for councils and charities who have been pressing the government for the change.’
The Independent, 5th December 2024
Source: www.independent.co.uk
Changes to Procedures and Time Limits in Crown Court Asset Forfeiture Appeals – 5SAH
‘The Crown Court (Amendment No. 2) Rules 2024/1131 came into effect on 2 December 2024. They amend the Crown Court Rules 1982 (“the Rules”) which provide procedures for appeals against magistrates’ court orders for the seizure and forfeiture property under the Proceeds of Crime Act 2002 (“POCA”). These amendments concern appeals against orders for all asset forfeiture proceedings in the magistrates’ court, including those made under the Anti-Terrorism Crime and Security Act 2001 (“ATCSA”), and POCA.’
5SAH, 3rd December 2024
Source: www.5sah.co.uk
CoA rejects late claim in spite of its merits – Law Society’s Gazette
‘The Court of Appeal has ruled that a litigant who missed a deadline should not have been granted leniency merely because she appeared to have a strong case.’
Law Society's Gazette, 2nd December 2024
Source: www.lawgazette.co.uk
Lateness – excusable and otherwise – Nearly Legal
‘Idara v Southwark LBC (2024) EWHC (KB) (unreported as yet). This was an appeal to the High Court of the County Court’s refusal to give permission for an out of time section 204 appeal. Southwark had found on review that a property offered to Ms Idara was suitable and so her refusal of the property discharged Southwark’s housing duty.’
Nearly Legal, 24th November 2024
Source: nearlylegal.co.uk
Employment Appeal Tribunal gives comprehensive guidance on the correct approach to applications to extend time – Devereuax Chambers
‘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.’
Devereux Chambers, 3rd October 2024
Source: www.devereuxchambers.co.uk
Much ado about timescales – planning challenges – Local Government Lawyer
‘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.’
Local Government Lawyer, 9th November 2024
Source: www.localgovernmentlawyer.co.uk
End of lifetime licences for rehabilitated IPP offenders – Ministry of Justice
‘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).’
Ministry of Justice, 1st November 2024
Source: www.gov.uk
Lawyers’ “serious failings” topped by Court of Appeal errors – Legal Futures
‘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.’
Legal Futures, 4th November 2024
Source: www.legalfutures.co.uk
Divorce applications wrongly approved after computer error, high court hears – The Guardian
‘Dozens of divorce applications were wrongly approved due to a computer error, the high court has heard.’
The Guardian, 31st October 2024
Source: www.theguardian.com
What’s another day? – Nearly Legal
‘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.’
Nearly Legal, 27th October 2024
Source: nearlylegal.co.uk
The Case for Overseas Constituencies – Oxford Human Rights Hub
‘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.’
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
‘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.’
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.’
Law Society's Gazette, 2nd October 2024
Source: www.lawgazette.co.uk
