‘A woman who travelled to Mauritius to see her father after he had suffered a stroke has lost her appeal against an order by a County Court judge refusing her application for permission to bring an appeal out of time over a council’s decision that it had discharged its housing duty.’
Local Government Lawyer, 30th Octobe 2019
Source: www.localgovernmentlawyer.co.uk
‘In an important decision, the Court of Appeal in Bath Hill Court v Coletta has held that, in an unauthorised deduction of wages claim for non payment of the national minimum wage in the ET, there is no backstop on the recovery of deductions, enabling Mr Coletta to claim 15 years’ worth of losses.’
Old Square Chambers, 17th October 2019
Source: www.oldsquare.co.uk
‘There is no scientific reason for the 10-year limit on storage of frozen eggs, which is forcing some women to destroy them before they are ready to become parents, say fertility experts. Under UK law, only eggs stored for medical reasons and premature infertility can be kept for longer. The regulator says any change would be a matter for parliament.’
BBC News, 28th October 2019
Source: www.bbc.co.uk
‘Lawyers have become used to running the gauntlet of the Denton test for relief from sanctions – but now the yardstick for out-of-time applications has resulted in a litigant staying behind bars.’
Law Society's Gazette, 22nd October 2019
Source: www.lawgazette.co.uk
‘Legal experts have warned that the government’s plans to restrict claims against the Ministry of Defence are also framed to stop service personnel seeking justice for mistreatment.’
Law Society's Gazette, 14th October 2019
Source: www.lawgazette.co.uk
‘The Court of Protection is unable to make a Deputyship order unless the appropriate notification process has been followed by the applicant.’
Family Law, 10th October 2019
Source: www.familylaw.co.uk
‘A change to the capital gains tax (CGT) rules from April 2020 means divorcing or separating couples in the UK will have a shorter period of time in which to sell their interest in the family home without being hit by tax penalties.’
OUT-LAW.com, 8th October 2019
Source: www.pinsentmasons.com
‘Luton Borough Council v Altavon Luton Ltd & Ors (2019) EWHC 2415 (Admin). An appeal by way of case stated from a DJ’s decision at Luton Magistrates. The sole issue was whether the informations in the case had been laid within 6 months “from the time when the offence was committed, or the matter of complaint arose.” (Section 127 of the Magistrates’ Court Act 1980.)’
Nearly Legal, 6th October 2019
Source: nearlylegal.co.uk
‘Boris Johnson seems caught in an impossible bind. The European Union (Withdrawal) (No. 2) Act – the Benn Act for short – obliges him to seek an extension of Article 50 on 19 October. He can extend, honour the law, but break his promises. He can refuse to extend, honour his promises, but break the law. Or he can resign. The Benn Act appears to trap the Prime Minister between these unpalatable options. Nevertheless, he may be able to escape. For the Act may ask the impossible.’
UK Constitutional Law Association, 1st October 2019
Source: ukconstitutionallaw.org
‘The average time it takes to conclude care proceedings remains significantly high, according to latest quarterly statistics published today. Figures released by the Ministry of Justice, covering April to June, show that the average time for a care and supervision case to reach first disposal remained the same as it did for January to March – 33 weeks. This is the longest average time since the last quarter of 2013.’
Law Society's Gazette, 26th September 2019
Source: www.lawgazette.co.uk
‘A ‘continuing’ offence is not time-barred from prosecution by when it was first noted, the High Court has said in an appeal brought by Luton Borough Council.’
Local Government Lawyer, 19th September 2019
Source: www.localgovernmentlawyer.co.uk
‘British Airways has been accused of “swerving responsibility” for a massive data breach by trying to limit compensation payouts for victims, lawyers claim.’
Daily Telegraph, 12th September 2019
Source: www.telegraph.co.uk
‘The High Court in England has ruled that the EU’s cross-border merger regulations meant that a pre-merger certificate from an EU member state court cannot be more than six months old when hearing an application for sanction of the merger, even where obtaining a second pre-merger certificate would be difficult.’
OUT-LAW.com, 4th September 2019
Source: www.pinsentmasons.com
‘It may be that there is no such thing as a date of 31 October 2019 for a no-deal UK withdrawal from the EU. On 9 April 2019, according to Le Monde, Michel Barnier, chief negotiator for the European Council in the withdrawal negotiations with the UK, said: ‘The EU will never take a decision on a ‘no deal’. That will be a choice for the British.’’
UK Constitutional Law Association, 3rd September 2019
Source: ukconstitutionallaw.org
‘In a decision handed down on 30th July 2019, the Court of Appeal have overturned a controversial first instance decision. Mostyn J had refused permission to bring a claim under s4 Inheritance (Provision for Family and Dependants) Act 1975. The substance of the claim under the Act related to whether a beneficial interest under a discretionary trust, rather than outright provision, failed to make reasonable provision for a spouse. The first instance decision created a stir because, among other findings, Mostyn J made obiter comments that it was not appropriate for parties to enter into ‘stand still agreements’ as an attempt to extend the 6-month time limit for bringing claims under the Act whilst negotiations were underway.’
No. 5 Chambers, 7th August 2019
Source: www.no5.com
‘Applications for time extensions to take a particular step in litigation are not applications for relief from sanctions provided they are made within the permitted period, the High Court has ruled.’
Litigation Futures, 29th August 2019
Source: www.litigationfutures.com
‘A rough guide to Personal Injury and Clinical Negligence Litigation for Professional Indemnity Lawyers.’
Hailsham Chambers, 13th August 2019
Source: www.hailshamchambers.com
‘R (on the application of Abdullah Muhammad Rafiqul Islam) v Secretary of State for the Home Department [2019] EWHC 2169 (Admin). In a case that was described as “the first such case to have come on for hearing before this court” and one that shares many similarities with the tabloid-grabbing story of Shamima Begum (discussed on the Blog here), Mr Justice Pepperall refused permission to bring judicial review proceedings on behalf of an Islamic State combatant whose citizenship had been revoked by the Home Secretary.’
UK Human Rights Blog, 19th August 2019
Source: ukhumanrightsblog.com
‘The High Court has set aside judgment in default of defence in a £3m personal injury claim because, although the court was “unaware” of it, a defence had been served before the judgment.’
Litigation Futures, 14th August 2019
Source: www.litigationfutures.com
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