Category: time limits

Assessment of interim rent – New Square Chambers

Posted July 25th, 2015 in landlord & tenant, leases, news, rent, time limits by sally

‘As everyone knows, the court, in the case of a business lease with security of tenure, and subject to certain grounds for refusal, can order the grant of a new business for a term of up to 15 years. The new lease normally now starts from the date of the court order. However there may be a gap between the expiry of the original lease and the start of, or as the case may be, the refusal of a new lease, a gap that may be significant in the case of a hotly contested case. During this interim period, the court can order that the tenant pay an interim rent to the landlord.’

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New Square Chambers, 29th July 2015

Source: www.newsquarechambers.co.uk

Feest v South West Strategic Health Authority (Bay Island Voyages, third party) – WLR Daily

Posted July 21st, 2015 in appeals, damages, law reports, personal injuries, shipping law, time limits, treaties by sally

Feest v South West Strategic Health Authority (Bay Island Voyages, third party):[2015] EWCA Civ 708; [2015] WLR (D) 306

‘The time bar prescribed by article 16 of the Convention relating to the Carriage of Passengers and their Luggage by Sea, scheduled to the Merchant Shipping Act 1979, for the bringing of claims against a carrier did not apply to claims against a carrier for contribution in respect of the liability of others to the passenger.’

WLR Daily, 15th July 2015

Source: www.iclr.co.uk

Application for strike out inappropriate where single failure to comply and order contained no sanction for non-compliance – Zenith PI

Posted July 17th, 2015 in disclosure, news, striking out, time limits by sally

‘ARDILA INVESTMENTS NV V ENRC NV (2015) QBD (Comm)(Leggatt J)

On 8th July 2015 Leggatt J ordered that it had not been appropriate to strike out a claim due to a claimant’s single failure to comply with a directions order for disclosure, where the order contained no sanction for non-compliance. The claimant’s failure had been serious, therefore an unless order was made giving further time for compliance, in default of which the claim would be struck out.’

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Zenith PI, 17th July 2015

Source: www.zenithpi.wordpress.com

Max Clifford fails to block Paul Burrell privacy claim – BBC News

Posted July 15th, 2015 in damages, news, privacy, time limits by sally

‘Former celebrity publicist Max Clifford has failed to block a damages claim brought against him by ex-royal butler Paul Burrell at London’s High Court.’

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BBC News, 14th July 2015

Source: www.bbc.co.uk

Mathieson v Secretary of State for Work and Pensions – WLR Daily

Posted July 13th, 2015 in appeals, benefits, carers, children, disabled persons, hospitals, human rights, law reports, Supreme Court, time limits by sally

Mathieson v Secretary of State for Work and Pensions: [2015] UKSC 47; [2015] WLR (D) 296

‘The Secretary of State for Work and Pensions violated the Convention rights of a severely disabled child when he suspended payment to him of disability living allowance once he had been an in-patient in an NHS hospital for more than 84 weeks.’

WLR Daily, 8th July 2015

Source: www.iclr.co.uk

Faith leaders demand that detention period for immigrants is limited to maximum of 28 days – The Independent

Posted July 6th, 2015 in detention, immigration, news, time limits by sally

‘Leading members of the Jewish, Muslim and Christian communities are joining forces to demand that the Government end its controversial policy of indefinite detention for immigrants, and limit detention to a maximum of 28 days. Britain is the only country in Europe not to have a time limit on how long immigrants can be held.’
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The Independent, 5th July 2015

Source: www.independent.co.uk

Litigants in person, mental health, and relief from sanctions – Zenith PI Blog

Posted June 30th, 2015 in appeals, delay, disabled persons, evidence, litigants in person, medical records, mental health, news, striking out, time limits by sally

‘An application for an extension of time to serve medical evidence by a litigant in person with a mental health disability was refused where there had been a number of breaches and considerable delay, effectivly bringing proceedings to a halt. Appeal to Court of Appeal dismissed.’

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Zenith PI Blog, 26th June 2015

Source: www.zenithpi.wordpress.com

Szegfu v Court of Pecs, Hungary – WLR Daily

Posted June 30th, 2015 in appeals, criminal procedure, delay, extradition, foreign jurisdictions, law reports, time limits by sally

Szegfu v Court of Pecs, Hungary [2015] EWHC 1764 (Admin); [2015] WLR (D) 273

‘Guidance on the application of section 26(5) of the Extradition Act 2003 relaxing the application of the strict time limit for bringing an extradition appeal in section 26(4).’

WLR Daily, 24th June 2015

Source: www.iclr.co.uk

How late it was, how late – Nearly Legal

Posted June 30th, 2015 in deposits, housing, landlord & tenant, news, time limits by sally

‘A County Court deposit protection case, and an illustration of some of the ways in which landlords still haven’t figured out how the deposit rules work.’

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Nearly Legal, 29th June 2015

Source: www.nearlylegal.co.uk

IMI plc and another v Delta Ltd (formerly Delta plc) and another – WLR Daily

Posted June 22nd, 2015 in civil justice, contribution, damages, law reports, limitations, time limits by sally

IMI plc and another v Delta Ltd (formerly Delta plc) and another: [2015] EWHC 1676 (Ch); [2015] WLR (D) 262

‘On the true construction of the final proviso in section 1(4) of the Civil Liability (Contribution) Act 1978 Part 20 the defendants in contribution proceedings were precluded from relying on a limitation defence pleaded against the claimants in the main proceedings.’

WLR Daily, 17th June 2015

Source: www.iclr.co.uk

It’s 30 years since the miners’ strike. But justice for Orgreave shouldn’t have a time limit – The Guardian

Posted June 12th, 2015 in assault, complaints, industrial action, news, perjury, perverting the course of justice, police, time limits by sally

‘Police behaviour at Orgreave paved the way for Hillsborough five years later. The IPCC’s decision not to investigate teaches the state that it can mistreat citizens with impunity.’

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The Guardian, 12th June 2015

Source: www.guardian.co.uk

Retrospectively Validating Steps Taken by a Claimant as Good Alternative Service Under CPR 6.15(2) – if a court finds that there is a single good reason to do so, there is no further discretion not to deem the service good – Zenith PI Blog

Posted June 3rd, 2015 in appeals, civil procedure rules, news, service out of jurisdiction, Supreme Court, time limits by sally

‘CPR r.6.15(1) provides that where it appears to the court that there is a good reason to authorise service by a method or at a place not otherwise permitted by Part 6, the court may make an order permitting service by an alternative method or at an alternative place.’
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Zenith PI Blog, 2nd June 2015

Source: www.zenithpi.wordpress.com

Breyer Group plc and others v Department of Energy and Climate Change; Free Power for Schools LP v Department of Energy and Climate Change; Homesun Holdings Ltd and another v Department of Energy and Climate Change; Touch Solar Ltd v Department of Energy and Climate Change – WLR Daily

Posted May 11th, 2015 in contracts, damages, energy, human rights, law reports, time limits by sally

Breyer Group plc and others v Department of Energy and Climate Change; Free Power for Schools LP v Department of Energy and Climate Change; Homesun Holdings Ltd and another v Department of Energy and Climate Change; Touch Solar Ltd v Department of Energy and Climate Change [2015] EWCA Civ 408; [2015] WLR (D) 192

‘Contracts which had been secured might be said to part of the goodwill of a business because they were the product of its past work, and thus capable of amounting to possessions within article 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms. Contracts which the business hoped to secure in the future were no more than that and were merely a potential source of future income which could not amount to possessions under the article.’

WLR Daily, 28th April 2015

Source: www.iclr.co.uk

High Court: No relief from sanctions for “serial offenders” – Litigation Futures

Posted May 1st, 2015 in civil procedure rules, disclosure, law firms, news, time limits by sally

‘A High Court judge has upheld a decision refusing relief from sanctions because the solicitors involved were “serial offenders” in breaking the rules during the case.’

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Litigation Futures, 30th April 2015

Source: www.litigationfutures.com

Practice Note Regarding Chancery Fixed-End Trials – Judiciary of England and Wales

Posted May 1st, 2015 in practice directions, time limits, trials by sally

‘Practice Note Regarding Chancery Fixed-End Trials.’

Full text

Judiciary of England and Wales, 28th April 2015

Source: www.judiciary.gov.uk

Christofi v National Bank of Greece (Cyprus) Ltd – WLR Daily

Posted April 20th, 2015 in appeals, conflict of laws, EC law, enforcement, jurisdiction, law reports, time limits by sally

Christofi v National Bank of Greece (Cyprus) Ltd [2015] EWHC 986 (QB); [2015] WLR (D) 170

‘There was no general power to extend the mandatory two-month time limit for an appeal against the registration of a settlement order by a party not domiciled within the jurisdiction under article 43(5) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.’

WLR Daily, 14th April 2015

Source: www.iclr.co.uk

Freedom of information: round-up – Law Society’s Gazette

Posted April 15th, 2015 in codes of practice, costs, data protection, environmental health, freedom of information, news, railways, third parties, time limits, utilities by sally

‘Transparency and openness for local authorities does not just mean disclosing information under the Freedom of Information Act 2000 (FoI). Section 3 of the Local Government, Planning and Land Act 1980 gives the secretary of state the power to issue a code of practice about the publication of information by local authorities relating to the discharge of their functions.’

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Law Society’s Gazette, 13th April 2015

Source: www.lawgazette.co.uk

PART 36 of the CPR – Offers are changing – Park Square Barristers

Posted April 8th, 2015 in civil procedure rules, costs, damages, dispute resolution, fees, limitations, litigants in person, news, part 36 offers, personal injuries, time limits by sally

‘Part 36 of the Civil Procedure Rules encourages parties to settle their disputes. It does this by imposing sanctions if one party turns down an offer to settle but then doesn’t get a better result at trial. The rules are complex, so Andrew Mitchell takes a closer look at the latest changes to Part 36.’

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Park Square Barristers, 1st April 2015

Source: www.parksquarebarristers.co.uk

High Court judge gives procurement litigants reprieve on claim form timescales – OUT-LAW.com

Posted April 1st, 2015 in interpretation, local government, news, public procurement, time limits by sally

‘Companies that take issue with the way public bodies tender for or award contracts have up to seven days to serve a claim form after it has been issued, a High Court judge has confirmed.’

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OUT-LAW.com, 27th March 2015

Source: www.out-law.com

Society of Lloyd’s v Noel – WLR Daily

Posted March 30th, 2015 in law reports, practice directions, restraint, time limits, vexatious litigants by sally

Society of Lloyd’s v Noel [2015] EWHC 734 (QB); [2015] WLR (D) 142

‘In considering whether “a party had persistently issued claims or made claims which are totally without merit” for the purpose of meeting the criteria for the making an extended civil restraint order in accordance with paragraph 3.1 of Practice Direction 3C supplementing CPR r 3.11, the court was entitled to have regard to all such claims and applications made by the litigant, including those made prior to the making of an earlier extended civil restraint order.’

WLR Daily, 20th March 2015

Source: www.iclr.co.uk