‘A Court of Appeal judge has granted relief from sanctions for a litigant who was 17 hours late satisfying a court order.’
Law Society's Gazette, 9th April 2019
Source: www.lawgazette.co.uk
‘A high court judge has ruled that Home Office policy to cut off all statutory support to people six weeks after they have been formally identified as victims of slavery is potentially unlawful, ordering that assistance must immediately be extended.’
The Guardian, 29th March 2019
Source: www.theguardian.com
‘The time of day that a cause of action accrues can alter the date on which the limitation period for raising a claim against that action expires, the Court of Appeal has suggested.’
OUT-LAW.com, 26th March 2019
Source: www.out-law.com
‘The two-year time-limit in Article 50 of the Treaty on European Union has come and gone. It is now possible that no withdrawal agreement between the European Council and the UK will be concluded. This means that the UK would leave the EU in catastrophic circumstances on April 12. An interesting final irony would be that the UK would be leaving the EU on the basis of a legal howler.’
UK Constitutional Law Association, 26th March 2019
Source: ukconstitutionallaw.org
‘A case that threw a wrecking ball at the practice of lawyers making stand-still agreements over late claims could be challenged in the Court of Appeal.’
Law Society's Gazette, 25th March 2019
Source: www.lawgazette.co.uk
‘The Home Office is overseeing “serious failings” in almost every stage of the immigration detention process, according to a new report which makes fresh calls for a time limit on detention.’
The Independent, 21st March 2019
Source: www.independent.co.uk
‘With the second defeat of Theresa May’s Withdrawal Agreement, the subsequent vote to reject a “no-deal” Brexit, and the proposed votes today to extend the Art. 50 period, we must consider the legal practicalities of such an extension.’
UK Constitutional Law Association, 14th March 2019
Source: ukconstitutionallaw.org
‘A widow has been refused permission to claim against the estate of her late husband after filing her application nearly 17 months out of time.’
Law Society's Gazette, 5th March 2019
Source: www.lawgazette.co.uk
‘”I met an older man and I was in a vulnerable situation. He took me under his wing and very quickly groomed me,” says Emma. This was two decades ago, when she was 16. The man went on to physically and sexually abuse her over a two-year period.’
BBC News, 26th February 2019
Source: www.bbc.co.uk
‘Construction and engineering contracts often contain provisions specifying that, within a particular time, one party (traditionally the contractor) must notify the other (the employer and/or the contract administrator) of a claim or the likelihood that it might advance a claim. Sometimes these “time-bar” notice provisions are elevated beyond being merely an obligation, to the status of a condition precedent to being able to pursue a successful claim. If such provisions are enforceable, they can be severe: a failure to serve the required notice in the required timescale will be fatal, regardless of the merits of the underlying claim. A well-known example of such a provision is found in clause 20.1 of the 1999 FIDIC contracts.’
Practical Law: Construction Blog, 20th February 2019
‘Spencer Smith v Ashwell Maintenance Limited (Leicester County Court, 21/1/2019) – claimant who was found to have exaggerated and overstated his difficulties not fundamentally dishonest on the basis that his motive was to convince rather than to deceive.’
Zenith PI, 21st February 2019
Source: zenithpi.wordpress.com
‘When does time start to run for making an application for permission to appeal? Does the answer change, depending on whether the application is made to the lower or appellate court?’
Hardwicke Chambers, 13th February 2019
Source: hardwicke.co.uk
‘A High Court judge was wrong to order a defendant to make a £1m security for costs payment – almost the sum the claimant was seeking – to rely on a witness statement it had served late, the Court of Appeal has ruled.’
Litigation Futures, 18th February 2019
Source: www.litigationfutures.com
‘The Court of Appeal has refused to extend the six-week statutory time limit for challenging a planning inspector’s decision, in a case where the individual had been prevented from filing on the day of the deadline.’
OUT-LAW.com, 12th February 2019
Source: www.out-law.com
‘Newham council is suing Royal Bank of Scotland over the terms of about £150m in complex bank loans, making it the latest UK bank to face a lawsuit over lending terms that critics say piled undue pressure on local services.’
The Guardian, 6th February 2019
Source: www.theguardian.com
‘Indefinite detention in immigration centres is traumatic and the practice should be stopped, with people ideally held for no longer than 28 days, a parliamentary committee has recommended. In a highly critical report, the joint committee on human rights (JCHR), made up of MPs and peers, described the UK’s immigration system as “slow, unfair and expensive to run”, and said detention should be authorised only by decision-makers independent of the Home Office.’
The Guardian, 7th February 2019
Source: www.theguardian.com
‘The High Court has allowed what it called the “indulgence” of allowing an extra 20 industrial disease cases into a group litigation order – two months after the already-extended deadline for registration had passed.’
Law Society's Gazette, 5th February 2019
Source: www.lawgazette.co.uk
‘A defendant cannot defend himself from prosecution for breach of a Community Protection Notice (‘CPN’), on the basis that the CPN is invalid. The reason, stated in Stannard v The Crown Prosecution Service [2019] EWHC 84 (Admin), is that there is an effective means to challenge the CPN – either by exercising the right of statutory appeal or by judicial review. Allowing a challenge to the validity of the CPN at trial is not what the relevant statute (the Anti-social Behaviour, Crime and Policing Act 2014, ‘the 2014 Act’) intends, nor is it an effective remedy because the person subject to a CPN should not be required to breach a CPN in order to exercise a right to challenge it.’
UK Police Law Blog, 31st January 2019
Source: ukpolicelawblog.com
‘A campaigner against fracking has failed in a High Court claim that a planning inspector’s refusal to adjourn an inquiry was a breach of the rules of natural justice.’
Local Government Lawyer, 4th February 2019
Source: www.localgovernmentlawyer.co.uk
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