New Judgment: R (on the application of Fylde Coast Farms Ltd (formerly Oyston Estates Ltd)) v Fylde Borough Council [2021] UKSC 18 – UKSC Blog

‘The Supreme Court has unanimously dismissed this appeal concerning the interpretation of section 61N of the Town and Country Planning Act 1990.’

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UKSC Blog, 14th May 2021

Source: ukscblog.com

Less Notice! More Forms! End of eviction ban! – Nearly Legal

‘The Govt announced that from 1 June 2021 there will be new notice periods for NTQs/notice seeking possession on tenancies. Rather than reverting to the pre pandemic notice requirements, there will be a further period from 1 June 2021 to 30 September 2021 in which 4 months notice will be required, down from 6 months.’

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Nearly Legal, 12th May 2021

Source: nearlylegal.co.uk

Meetings of local authorities in England must be face to face from 7 May, judges rule – Local Government Lawyer

Posted April 29th, 2021 in coronavirus, local government, news, regulations, time limits by sally

‘Meetings held by local authorities in England under the Local Government Act 1972 must take place in person from 7 May when emergency regulations introduced in the early stages of the first lockdown expire, the Divisional Court has ruled.’

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Local Government Lawyer, 28th April 2021

Source: www.localgovernmentlawyer.co.uk

Judge criticises firm’s failures in defending solicitor’s dismissal claim – Legal Futures

‘A conveyancing solicitor has won her unfair dismissal and discrimination claim against a well-known Essex law firm by default after it filed its defence two days late.’

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Legal Futures, 26th April 2021

Source: www.legalfutures.co.uk

JR reform backlash intensifies – Law Society’s Gazette

‘Widespread relief that the panel tasked with conducting an independent review of administrative law did not recommend wholesale reform of judicial review proved short-lived when the lord chancellor revealed that the report was just a “starting point”. It quickly became apparent that the government wants to go much further than Lord Faulks’ recommendations.’

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Law Society's Gazette, 26th April 2021

Source: www.lawgazette.co.uk

Trainee’s lockdown-induced error leads to claim’s failure – Litigation Futures

Posted April 21st, 2021 in civil procedure rules, claims management, news, service, solicitors, time limits by tracey

‘There was nothing in the CPR that could make good a mistake by a trainee solicitor in not serving a claim form in time, even though it was down to the disruption of Covid, the High Court has ruled.’

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Litigation Futures, 21st April 2021

Source: www.litigationfutures.com

Relief from forfeiture – Don’t dilly dally on the way – Nearly Legal

Posted April 19th, 2021 in appeals, delay, equity, forfeiture, landlord & tenant, news, time limits by tracey

‘Keshwala & Anor v Bhalsod & Anor (2021) EWCA Civ 492. This was the second appeal, to the Court of Appeal, of a relief from forfeiture matter for commercial property that we have previously seen in the High Court (our report here). The issue was whether a relief from forfeiture application made just within 6 months of the date of forfeiture was brought with ‘reasonable promptitude’ for the purposes of the equitable relief from from forfeiture.’

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Nearly Legal, 18th April 2021

Source: nearlylegal.co.uk

An erroneous decision to extend time under s.123(1)(b) Equality Act 2010 – 3PB

‘The Honourable Mrs Justice Ellenbogen, sitting in the EAT, held that a tribunal had erred in extending time under s.123(1)(b) Equality Act 2010 (“EqA 2010”), by failing to determine whether a claimant’s ignorance of his right to claim direct race discrimination was reasonable.’

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3PB, 2nd March 2021

Source: www.3pb.co.uk

Limitation period for a tortious claim: when does it end? – Practical Law: Construction Blog

Posted April 12th, 2021 in construction industry, contracts, damages, limitations, negligence, news, time limits by tracey

‘Some breaches of contract do not become apparent until many years have passed. This is especially true where the result is a defect. Recently, our colleague Charlotte Mears blogged on limitation periods under contract. But what happens after the limitation period under a contract has expired? This blog explores the extent to which an answer lies in tort focusing on the tort of negligence.’

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Practical Law: Construction Blog , 7th April 2021

Source: constructionblog.practicallaw.com

Limitation periods for breach of contract claims: where to begin? – Practical Law: Construction Blog

Posted March 29th, 2021 in construction industry, contracts, limitations, news, time limits by tracey

‘On the face of it, the law of limitation seems fairly straightforward. The law in England and Wales specifies that anyone bringing a breach of contract claim has six years from the date of the breach in which to do so. This period is extended to 12 years from the breach of contract if the contract has been executed as a deed. But what happens when a provision such as the one below is added into the mix? Does this work to extend the limitation period? If not, what exactly does this provision, which I’ll refer to as the Proposed Clause, mean?’

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Practical Law: Construction Blog, 23rd March 2021

Source: constructionblog.practicallaw.com

Fiona de Londras: Six-Monthly Votes on the Coronavirus Act 2020: A Meaningful Mode of Review? – UK Constitutional Law Association

Posted March 25th, 2021 in coronavirus, emergency powers, news, parliament, regulations, reports, time limits by sally

‘A year since the Coronavirus Act 2020 received Royal Assent, Parliament will today (25 March 2021) once more debate the Coronavirus Act 2020 and its effects, effectiveness, and continuation. The Coronavirus Act 2020 is a touchpoint in the legal and regulatory response to the pandemic.’

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UK Constitutional Law Association, 25th March 2021

Source: ukconstitutionallaw.org

Vicarious liability for rape: Barry Congregation of JWs – Law & Religion UK

‘In Barry Congregation of Jehovah’s Witnesses v BXB [2021] EWCA Civ 356, Mrs B and her husband had attended the Kingdom Hall in Barry and in 1986 Mrs B was baptised as a Jehovah’s Witness. They became friendly with another couple, Mark and Mary Sewell. Mark Sewell was a ministerial servant and subsequently became an elder. On 30 April 1990, Sewell raped Mrs B in a room in his house – and that fact was undisputed. In 2014, Sewell was convicted of raping Mrs B and of indecently assaulting a girl aged under 14, CXC, and another individual and sentenced to 14 years’ imprisonment. Mrs B sued the Watch Tower Bible and Tract Society of Pennsylvania and the Trustees of the Barry Congregation and, at first instance, Chamberlain J held them vicariously liable for her rape. (He also determined that it was equitable to extend the time to allow the claims to proceed, pursuant to s.33 Limitation Act 1980). He awarded Mrs B £62,000 for psychiatric injuries attributable to the rape. On appeal, the defendants disputed.’

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Law & Religion UK, 24th March 2021

Source: lawandreligionuk.com

Councils to be given greater flexibility in reforms to use of Right to Buy receipts – Local Government Lawyer

Posted March 23rd, 2021 in housing, local government, news, right to buy, time limits by sally

‘Councils in England are to be given more freedom on how they spend the money received from homes sold through Right to Buy, Housing Secretary Robert Jenrick has said.’

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Local Government Lawyer, 22nd March 2021

Source: www.localgovernmentlawyer.co.uk

Late s.202 reviews and what gets appealed – Nearly Legal

Posted March 22nd, 2021 in appeals, homelessness, housing, local government, news, time limits by tracey

‘Ngnoguem v Milton Keynes Council (2020] EWCA Civ 396, We’ve seen this prefigured in Stanley v Welwyn Hatfield Borough Council (2020) EWCA Civ 1458 (our note), but the relevant parts of that judgment on late reviews were strictly obiter, as the court had found that there was an agreement to extend time. Now the Court of Appeal has confirmed the position.’

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Nearly Legal, 21st March 2021

Source: nearlylegal.co.uk

Imprisonment for Public Protection jail terms ‘a death sentence’ – BBC News

‘Karl Maroni, 33, has spent all his adult life in jail.’

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BBC News, 19th March 2021

Source: www.bbc.co.uk

Third of remand prisoners in England being held beyond legal time limit for trials – The Guardian

Posted March 18th, 2021 in coronavirus, criminal justice, delay, detention, news, remand, time limits by sally

‘More than 3,600 people – almost a third of England’s remand prison population – have been held beyond the legal time limit awaiting trials as the pandemic wreaks havoc on the legal process.’

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The Guardian, 17th March 2021

Source: www.theguardian.com

Barder: Where are we now? – Family Law

‘Few would have thought back on 1 March 2020 that we would, some 12 months later, be facing the first birthday of the strictest restrictions on personal freedoms in living memory. As we approach the anniversary of the first lockdown on 23 March 2020, it seems appropriate that we reconsider one of key questions of family lawyers back in Spring 2020, that of whether the pandemic was likely to satisfy the principles set down in the 1987 case of Barder v Barder [1987] 2 FLR 480. Unprecedented times, there is no doubt, but unprecedented enough to constitute a Barder event?’

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Family Law, 12th March 2021

Source: www.familylaw.co.uk

Ministry extends ban on bailiff-enforced evictions – Local Government Lawyer

‘The Government has extended the ban on bailiff-enforced evictions in all but the most serious circumstances and the requirement for landlords to provide six-month notice periods to residential tenants before they evict until at least 31 May.’

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Local Government Lawyer, 10th March 2021

Source: www.localgovernmentlawyer.co.uk

Rent Repayment Order miscellany – Nearly Legal

Posted March 8th, 2021 in appeals, debts, housing, landlord & tenant, news, rent, repayment, time limits, tribunals by tracey

‘A couple of Upper Tribunal decisions on rent repayment order appeals, with broader significance.’

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Nearly Legal, 6th March 2021

Source: nearlylegal.co.uk

UK firms given six months’ grace on gender pay gap reporting – The Guardian

Posted February 23rd, 2021 in enforcement, gender, news, notification, remuneration, time limits by tracey

‘Companies that fail to meet the gender pay gap reporting deadline of 4 April will be given a six-month reprieve before any enforcement action is taken against them. The Equality and Human Rights Commission (EHRC) said companies should report by the deadline if possible, but confirmed it would not begin enforcement proceedings until 4 October.’

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The Guardian, 22nd February 2021

Source: www.theguardian.com