‘Jay Patel, Partner and Polly Atkins, Associate, both of Hunters, highlight the circumstances in which action may need to be taken before the end of the year to protect a client’s interests.
Family Law Week, 19th November 2020
Source: www.familylawweek.co.uk
‘A second appeal on the vexed issue of s.204 appeals of late or “out of time” s.202 reviews. We’ve seen this issue come up earlier this year (and indeed before) but now the Court of Appeal has had a go at it.’
Nearly Legal, 15th November 2020
Source: nearlylegal.co.uk
‘Ikejiaku reinforces the distinction between a one-off act and a continuing act in the context of the imposition of a new contract, highlighting that this was a one off act with continuing consequences. Although the case concerned time limits in a whistleblowing detriment claim, the principles will extend across other areas, such as discrimination, in which unlawful detriments form the basis for claims.’
3PB, 8th October, 2020
Source: www.3pb.co.uk
‘Last month, Sir Ross Cranston handed down judgment in The Federal Republic of Nigeria v Process & Industrial Developments [2020] EWHC 2379 (Comm), marking the latest stage in what has proved a notoriously long-running dispute since arbitration between the parties was first commenced in 2012.’
Hardwicke Chambers, 14th October 2020
Source: hardwicke.co.uk
‘A Plymouth woman has successfully appealed over a closure order imposed on her home after complaints of anti-social behaviour.’
Local Government Lawyer, 5th November 2020
Source: www.localgovernmentlawyer.co.uk
‘The Law Society has endorsed parliamentary criticism of proposed legislation aimed at curbing what the government calls vexatious claims against service personnel.’
Law Society's Gazette, 30th October 2020
Source: www.lawgazette.co.uk
‘The Court of Appeal ruled that, as with other orders, the judge’s solemn pronouncement in court was the order and a failure to draw up a formal written document within the prescribed two-year period from the date of sentence did not invalidate it. In any event, the judge had provided written reasons, findings and figures which satisfied the statutory requirements of the Proceeds of Crime Act 2002 (POCA 2002). The Court of Appeal ruled that in the absence of prejudice or unfairness resulting from an administrative or procedural breach, it could not be argued that a failure to draw up the order rendered it invalid. The second ground of appeal (that the judge had wrongly concluded that there were hidden assets) was unarguable and leave to appeal was refused.’
5SAH, 20th October 2020
Source: www.5sah.co.uk
‘The Supreme Court allowed this appeal addressing whether notice to an applicant of revocation of a sponsor’s licence in respect of his or her Tier 2 (General) Migrant application is required as a matter of procedural fairness.’
UKSC Blog, 23rd October 2020
Source: ukscblog.com
‘Extending the amount of time unconvicted defendants can await trial in prison will have a disproportionate impact on people who are black, Asian or from other ethnic minorities, according to official advice handed to ministers.’
The Guardian, 16th October 2020
Source: www.theguardian.com
‘The government is to fast-track legislation that it believes will stop vulnerable EU citizens becoming Windrush-type victims of Brexit, it has emerged.’
The Guardian, 15th October 2020
Source: www.theguardian.com
‘The government is to fast-track legislation it believes will stop vulnerable EU citizens becoming Windrush-type victims of Brexit, it has emerged.’
The Guardian, 15th October 2020
Source: www.theguardian.com
‘A High Court judge has told parties making part 36 offers that if they simply used form N242A “much of the difficulty” the scheme has caused litigants over the years would be avoided.’
Litigation Futures, 28th September 2020
Source: www.litigationfutures.com
‘The 10-year limit for storing eggs frozen for social reasons could be scrapped to give people concerned about declining fertility more time and options, says a UK ethics body.’
BBC News, 30th September 2020
Source: www.bbc.co.uk
‘The Overseas Operation (Service Personnel and Veterans) Bill was introduced in the House of Commons in March 2020 and is due its second reading on 23 September 2020. In short, the Bill aims to limit prosecution and civil proceedings against military personnel, as well as to enable the UK government to derogate from the European Convention on Human Rights (ECHR) during combat operations. The Bill emerges in response to what numerous Defence Secretaries have referred to as the “judicialisation of war”, a term which has been used to resist the application of the ECHR to overseas military combat operations. Despite the Bill being described as a way to protect soldiers from the “industry” of “vexatious claims” and preserve the ability of combat forces to fight wars effectively, there is every suggestion that this is really about precluding, or at least severely limiting, the accountability of the British state in its overseas military deployments.’
UK Constitutional Law Association, 22nd September 2020
Source: ukconstitutionallaw.org
‘The Master of the Rolls, Sir Terence Etherton, has published a statement on the resumption of possession cases from 20 September.’
Local Government Lawyer, 21st September 2020
Source: www.localgovernmentlawyer.co.uk
‘A senior judge has refused to step down from a case involving custody time limits after she replaced another judge who criticised the government over delays in delivering justice.’
The Guardian, 18th September 2020
Source: www.theguardian.com
‘Gov.uk now has a “Reactivation Notice” (one for claimants, one for defendants). Note this is not a statutory or prescribed form. There is no set format for a reactivation notice.
The page says “Please do not use these documents before 20 September 2020. There is no need to rush to reactivate – you have until 4pm on 24 January 2021.” Which is not necessarily the case. Any possession claim with a hearing already listed requires a reactivation notice to be filed and served at least 42 days before the hearing – Practice Direction 55C 2.5.’
Nearly Legal, 15th September 2020
Source: nearlylegal.co.uk
‘A judge has claimed he was put under “improper and undue influence” to keep a defendant in custody.’
BBC News, 11th September 2020
Source: www.bbc.co.uk
‘A crown court judge has refused to extend the custody time limit for keeping a man in prison awaiting trial and accused the government of under-funding the criminal justice system during the pandemic.’
The Guardian, 8th September 2020
Source: www.theguardian.com
‘Unconvicted defendants awaiting trial in prison face longer stints behind bars, as ministers plan to increase custody time limits to ease the pressure of a rising backlog of court cases, the Guardian understands.’
The Guardian, 6th September 2020
Source: www.theguardian.com
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