Archive for the 'time limits' Category

Abuse claims against surgeon could not be prosecuted in UK – The Independent

“Police investigating allegations that a heart specialist who worked at London’s Great Ormond Street Hospital had sexually abused children in Kenya found they would have been unable to bring a prosecution because the alleged offences occurred before May 2004, a spokesman for Scotland Yard said yesterday.”

Full story

The Independent, 8th April 2011

Source: www.independent.co.uk

Republic of Latvia (supported by Republic of Lithuania and Slovak Republic intervening) v European Commission (supported by United Kingdom intervening) – WLR Daily

Republic of Latvia (supported by Republic of Lithuania and Slovak Republic intervening) v European Commission (supported by United Kingdom intervening) (Case T-369/07);  [2011] WLR (D)  101

“The three-month time limit under article 9(3) of Directive 2003/87/EC during which the Commission might reject a member state’s plan stating the total quantity of greenhouse gas emission allowance that it intended to allocate, started to run from the initial notification and subsequent notifications of different versions of the plan, so that each notification triggered a new three-month time-limit.”

WLR Daily, 22nd March 2011

Source:  www.iclr.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Bank of Scotland v Pereira and others – WLR Daily

“A party against whom a judgment in default of appearance had been given was entitled to apply to set aside that decision, if she met the three conditions in CPR r 39.3, and could seek to appeal against the default judgment under CPR Pt 52 whether or not she could comply with the rule 39.3 conditions. The Court of Appeal gave guidelines on the interrelationship between an application to set aside and an appeal against the same judgment.”
WLR Daily, 10th March 2011
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Cecil and others v Bayat and others – WLR Daily

Cecil and others v Bayat and others [2011] EWCA Civ 135; [2011] WLR (D) 51

“The claimants in a proposed action for breach of contract and damages were not entitled unilaterally to decide to postpone service of their claim form out of the jurisdiction under CPR 7.6(1). They should have served the form in the period of its initial validity, and, if they were not in a financial position to proceed immediately with the claim, they should have issued an application seeking a stay, or an extension of the time for procedural steps to be taken. The fact that the claimants spent the period of initial validity seeking a conditional fee agreement and after-the-event insurance was not a valid reason for their not having served the claim form, since their funds were sufficient to serve the claim even if they were not then in a position to fund the entire course of the litigation.”

WLR Daily, 21st February 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Andersson v Staten genom Kronofogdemyndigheten i Jönköping, Tillsynsmynidigheten – WLR Daily

Andersson v Staten genom Kronofogdemyndigheten i Jönköping, Tillsynsmynidigheten C-30/10; [2011] WLR (D) 44

“A provision of national law which excluded an employee from entitlement under the guarantee of payment of employees’ outstanding claims in the event of their employer’s insolvency, on the ground that the employee within the six months preceding the application for a declaration of insolvency had been the owner of an essential part of the undertaking or business concerned and had had a considerable influence on it activities, was compatible with Parliament and Council Directive 2008/94/EC relating to the protection of employees in the event of the insolvency of their employer.”

WLR Daily, 14th February 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Brady v Norman – WLR Daily

Brady v Norman [2011] EWCA Civ 107; [2011] WLR (D) 40

“The policy behind the limitation period for defamation cases being shorter than that in personal injuries claims was clear, since the defamatory impact of libel or slander was likely to be transient and Parliament evidently intended that a claimant should assert and pursue his need for vindication speedily. Considerations as to prejudice in applications for the disapplication of the time limit in defamation cases were likely to be different than those in personal injuries cases and in defamation cases it was for the claimant to make out a case for the disapplication of the normal time limit.”

WLR Daily, 9th February 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Kasprzak v Warsaw Regional Court, Poland; Bingham v Trial Court No 4 of Marbella, Spain; Wilson-Campbell v Court of Instruction No 4 of Orihuela, Alicante, Spain – WLR Daily

Kasprzak v Warsaw Regional Court, Poland; Bingham v Trial Court No 4 of Marbella, Spain; Wilson-Campbell v Court of Instruction No 4 of Orihuela, Alicante, Spain [2011] EWHC 100 (Admin); [2011] WLR (D) 35

“Article 23 of the Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between member states, as implemented by s 36(3)(b) of the Extradition Act 2003, contemplated the possibility of agreement being sought and given for an extension of the period for extradition after the expiry of the original period, since it was only at the end of the original period that circumstances beyond the control of the member state or serious humanitarian reasons prevented extradition within that period and gave rise to the need for agreement on a new date for removal.”

WLR Daily, 3rd February 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Salazar-Duarte v Government of the United States of America – WLR Daily

Salazar-Duarte v Government of the United States of America [2010] EWHC 3150 (Admin); [2010] WLR (D) 313

“For the purposes of s 103(9) of the Extradition Act 2003, the person whose extradition was sought was deemed to be informed of the extradition order against him when the solicitors acting on his behalf received a letter, whether by post, fax or e-mail, which informed him that the order had been made.”

WLR Daily, 2nd December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (Moore) v Skipton Fund Ltd – WLR Daily

R (Moore) v Skipton Fund Ltd [2010] EWHC 3070 (Admin); [2010] WLR (D) 308

“For the purposes of a claim for an ex gratia payment from public funds, there was nothing irrational or unfair in requiring certain people infected with hepatitis C through treatment with NHS blood or blood products prior to September 1991, to show that spontaneous clearance of the virus after a period of six months had occurred.”

WLR Daily, 2nd December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

C v D and another – WLR Daily

C v D and another [2010] EWHC 2940 (Ch); [2010] WLR (D) 292

“A time-limited offer was not capable of being an offer within the meaning of CPR Pt 36, which established that an offer must be capable of acceptance unless and until withdrawn by service of a notice within CPR r 36.9(2).”

WLR Daily, 18th November 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

BCL Old Co Ltd and others v BASF SE ( formerlyBASF AG) and others (No 2) – WLR Daily

BCL Old Co Ltd and others v BASF SE (formerly BASF AG) and others (No 2) [2010] EWCA Civ 1258; [2010] WLR (D) 290

“There was no power under the Competition Appeal Tribunal Rules 2003 to extend time for bringing proceedings for follow-on damages under the Competition Act 1998.”

WLR Daily, 15th November 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Kenneth Clarke and Lord Judge: a plain-speaking verdict on life after cuts – The Guardian

“Lord chancellor and lord chief justice share a talent for bluntness, but who is the most realistic about how the deficit will affect the legal system?”

Full story

The Guardian, 28th October 2010

Source: www.guardian.co.uk

Letter of dismissal took effect on reading, not sending, says Supreme Court – OUT-LAW.com

“The firing of an employee only took effect when she read the letter informing her of her dismissal, which was nearly a week after a disciplinary hearing and four days after the letter arrived at her home, the Supreme Court has ruled.”

Full story

OUT-LAW.com, 14th October 2010

Source: www.out-law.com

Gisda Cyf v Barratt – WLR Daily

Gisda Cyf v Barratt [2010] UKSC 41; [2010] WLR (D) 250

“Where dismissal without notice was communicated to an employee in a letter, the contract of employment did not terminate until the employee had actually read the letter or had had a reasonable opportunity of reading it.”

WLR Daily, 13th October 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Catholic church using time limit to suppress child abuse cases, says lawyer – The Guardian

“The Roman Catholic church was accused today of using the legal system to suppress evidence of clerical sex abuse after a Jesuit-run school lost an appeal against a court ruling giving a former pupil the right to pursue a £5m civil action.”

Full story

The Guardian, 27th August 2010

Source: www.guardian.co.uk

Sex abuse claim for £5m against Catholic order faces court challenge – The Guardian

“A Roman Catholic religious order will today appeal a court decision that could see it pay up to £5m to a victim of alleged clerical sexual abuse, the largest compensation claim of its kind in Britain.”

Full story

The Guardian, 27th July 2010

Source: www.guardian.co.uk

No charges over death of Ian Tomlinson – Crown Prosecution Service

“Keir Starmer QC, the Director of Public Prosecutions, announced today that no charges will be brought in relation to the death of Ian Tomlinson at the ‘G20 protests’ in London on 1 April 2009.”

Full press release

Crown Prosecution Service, 22nd July 2010

Source: www.cps.gov.uk

Ian Tomlinson death: police officer will not face criminal charges – The Guardian

“The police officer who was caught on video striking a man during the G20 protests last year who later died will not face criminal charges, the Crown Prosecution Service announced today.”

Full story

The Guardian, 22nd July 2010

Source: www.guardian.co.uk

Bilta (UK) Ltd (in liquidation) v Nazir and others – WLR Daily

Bilta (UK) Ltd (in liquidation) v Nazir and others [2010] EWHC 1086 (Ch); [2010] WLR (D) 129

“An application for a stay of legal proceedings made under s 9 of the Arbitration Act 1996 was not subject to the procedural rules contained in CPR Pt 11 for challenging the jurisdiction of the court. An application for an extension of time to serve the defence was not a step in the proceedings to answer the substantive claim and the defendant was not debarred from seeking a stay by s 9(3) of the Act.”

WLR Daily, 19th May 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Revenue and Customs Commissioners v Kearney – WLR Daily

Revenue and Customs Commissioners v Kearney [2010] EWCA Civ 288; [2010] WLR (D) 89

“To obtain an extension of time to pay Class 3 national insurance contributions a taxpayer had to show that his failure to make the payments on time was due to ignorance not caused by his own lack of care and diligence. All relevant circumstances were factors to be balanced together to assess or evaluate on a case-by-case basis whether due care and diligence had been exercised, and if not, whether that failure had been the cause of the contributor’s ignorance of his obligation to pay the contributions.”

WLR Daily, 24th March 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Whiston v London Strategic Health Authority (successor body in law for the Queen Charlotte’s Maternity Hospital) – WLR Daily

Whiston v London Strategic Health Authority (successor body in law for the Queen Charlotte’s Maternity Hospital) [2010] EWCA Civ 195; [2010] WLR (D) 66

“A claimant bringing an action in negligence for personal injury out of time had constructive knowledge of the relevant facts for the purposes of s 14 of the Limitation Act 1980 if, considered objectively, he had the knowledge which he might reasonably have been expected to acquire having regard to all the circumstances of the case.”

WLR Daily, 8th March 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v Iqbal – WLR Daily

Regina v Iqbal [2010] WLR (D) 23

“An application for the time for proceedings for a confiscation order to be postponed, or for a postponement to be extended, may be made only during the permitted period provided for in s 14 of the Proceeds of Crime Act 2002.”

WLR Daily, 4th February 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Ruling gives companies time and certainty in public procurement disputes – OUT-LAW.com

“Companies now have more time to file legal objections to the award of public contracts after Europe’s top court overturned UK procurement law. The Government will have to re-draft its regulations and the ruling will take immediate effect.”

Full story

OUT-LAW.com, 1st February 2010

Source: www.out-law.com

Disabled man given £2m payout from NHS for injuries suffered at birth – Daily Telegraph

“A severely disabled man who can only communicate by tapping a computer keyboard with his nose has received a £2 million payout for injuries he suffered at birth.”

Full story

Daily Telegraph, 26th January 2010

Source: www.telegraph.co.uk

Low value personal injury claims in road traffic accidents – Ministry of Justice

“Policy report outlining a new claims process for road traffic accident personal injury claims valued between £1,000 and £10,000.”

Full press release

Ministry of Justice, 6th October 2009

Source: www.justice.gov.uk

Gutridge and others v Sodexo Ltd and another – WLR Daily

Gutridge and others v Sodexo Ltd and another [2009] EWCA Civ 729; [2009] WLR (D) 246

WLR Daily, 17th July 2009

“An employee whose employment contract had been transferred under contracting-out arrangements to another employer could not have any greater rights against the transferee than she had against the transferor by virtue of reg 5 of the Transfer of Undertakings (Protection of Employment) Regulations 1981. Although the right to bring proceedings under the Equal Pay Act 1970 was against the transferee, the right was, pursuant to ss 2(4) and 2ZA, time limited to six months after the termination of the employee’s employment with the transferor, which was six months after the date of the transfer.”

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

BCL Old Co Ltd and Others v BASF SE and Others – Times Law Reports

BCL Old Co Ltd and Others v BASF SE and Others

Court of Appeal

“The two-year time limit for bringing a claim for loss resulting from an infringement of EC or UK competition rules could be postponed where there was an appeal against the infringement itself. The time limit continued to run, however, where there was an appeal against the penalty imposed.”

The Times, 9th July 2009

Source: www.timesonline.co.uk

GISDA Cyf v Barratt – WLR Daily

GISDA Cyf v Barratt [2009] EWCA Civ 648; [2009] WLR (D) 229

“The ‘effective date of termination of employment’ within section 97(1)(b) of the Employment Rights Act 1996 was not necessarily the date yielded by contractual analysis. When determining the relevant time limit for making an unfair dismissal claim, an employment tribunal had not erred in concluding that the effective date of termination of employment was when the employee read the letter of summary dismissal and not the date when the letter reached the employee’s home address when she was away.”

WLR Daily, 3rd July 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Owens v City of Westminster Magistrates’ Court – WLR Daily

Owens v City of Westminster Magistrates’ Court [2009] EWHC 1343 (Admin); [2009] WLR (D) 20

“When an appeal to the High Court under s 26 of the Extradition Act 2003 against an order for extradition to a category 1 territory was unsuccessful, the decision of the High Court on the appeal did not become final within the meaning of s 36(5) of the Act and, accordingly, the 10-day period within which s 36(2) and (3)(a) stipulated that extradition should take place did not begin to run until the 14-day period permitted by s 32(5) for applying to the High Court for leave to appeal to the House of Lords had expired, notwithstanding that the High Court had on the same day as dismissing the appeal declined to certify for the purposes of s 32(4)(a) of the Act that a point of law of general public importance was involved. As regards the requirement in s 36(8) that ‘reasonable cause’ be shown for delay in effecting extradition, the expression could be construed as being sufficiently broad to cover a short delay arising from an error of law made by the Serious Organised Crime Agency (‘SOCA’), the body responsible for the surrender of individuals to requesting states at the conclusion of extradition proceedings under the 2003 Act, in calculating the period within which the person must be extradited as specified in s 36(3) of the Act.”

WLR Daily, 19th June 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Slack and Others v Cumbria County Council – Times Law Reports

Slack and Others v Cumbria County Council

Court of Appeal

“A variation in the terms of an employment contract between an employer and employee in a stable employment relationship did not terminate the preexisting contract so as to trigger the beginning of the six-month period allowed for initiating equal pay claims.”

The Times, 14th April 2009

Source: www.timesonline.co.uk

Kirklees Metropolitan Council v Radecki – WLR Daily

Kirklees Metropolitan Council v Radecki [2009] EWCA Civ 298; [2009] WLR (D) 133

“Though a settlement of an employment dispute expressed to be ‘without prejudice and subject to contract’ was of no effect, the employment contract was unequivocally terminated when the employer ceased paying the employee’s salary. That was the effective date of termination of the employee’s contract for the purposes of an action for unfair dismissal.”

WLR Daily, 8th April 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Slack and others v Cumbria County Council (Equality and Human Rights Commission intervening) – WLR Daily

Slack and others v Cumbria County Council (Equality and Human Rights Commission intervening) [2009] EWCA Civ 293; [2009] WLR (D) 127

“The beginning of the period allowed for initiating an equal pay claim would not be triggered until the expiry of the stable employment between the employer and employee within the meaning of the section 2ZA of the Employment Act 1970. A new employment contract varying the term of an existing contract between the same employer and the same employee in a stable relationship did not terminate the existing contract so as to trigger the beginning of that period.”

WLR Daily, 6th April 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Review given for boy’s 1990 death – BBC News

“A charity has won the legal right to challenge a decision by the General Medical Council (GMC) not to investigate a boy’s death 19 years ago.”

Full story

BBC News, 24th February 2009

Source: www.bbc.co.uk

Mucelli v Government of Albania; Moulai v Deputy Public Prosecutor, Creteil – Times Law Reports

Mucelli v Government of Albania; Moulai v Deputy Public Prosecutor, Creteil

House of Lords

“The requirement that notice of an appeal to the High Court had to be given within a specified period meant that the notice had to be served on the respondent as well as filed in the court within that period; the court had no power to grant an extension of time.”

The Times, 27th January 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Mucelli v Government of Albania; Moulai v Deputy Public Prosecutor in Creteil, France – WLR Daily

Mucelli v Government of Albania; Moulai v Deputy Public Prosecutor in Creteil, France [2009] UKHL 2; [2009] WLR (D) 12

In order to comply with the requirement in ss 26(4) and 103(9) of the Extradition Act 2003 that notice of an appeal to the High Court must be ‘given’ within the specified period the notice had to be both served on all respondents to the appeal and filed in the court within that period, and the court had no power to grant an extension of time.”

WLR Daily, 21st January 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Director of Revenue and Customs Prosecutions v N E Plastics Ltd – WLR Daily

Director of Revenue and Customs Prosecutions v N E Plastics Ltd [2008] WLR(D); [2008] WLR (D) 236

For the purposes of s 146A(3) Customs and Excise Management Act 1979 matters within the knowledge of officers of HM Revenue and Customs were not to be imputed to the Director of Revenue and Customs Prosecutions, so that the period for the commencement of summary proceedings started only when sufficient evidence to warrant proceedings came to the attention of the Director or his staff.”

WLR Daily, 14th July 2008

Source: www.lawreports.co.uk

please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Byrne v Motor Insurers’ Bureau and Another – Times Law Reports

Byrne v Motor Insurers’ Bureau and Another

Court of Appeal

“The procedure for making a claim to the Motor Insurers’ Bureau for compensation in respect of injury caused by an untraced driver should be subject to a limitation period no less favourable than that which applied to the commencement of proceedings by minors for personal injury in tort against a traced driver.”

The Times, 2nd July 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Moulai v Deputy Public Prosecutor, Creteil – Times Law Reports

Moulai v Deputy Public Prosecutor, Creteil

Queen’s Bench Divisional Court

“Late service of a copy of a duly filed appeal notice was not a fatal bar to an appeal against an extradition order.”

The Times, 2nd June 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Adorian v Commissioner of Police of the Metropolis – WLR Daily

Adorian v Commissioner of Police of the Metropolis [2008] EWHC 1081 (QB); [2008] WLR (D) 158

Civil proceedings for trespass to the person commenced by a claimant who has been convicted in the United Kingdom of an imprisonable offence, committed on the same occasion as the alleged trespass, are not rendered a nullity by the claimant’s failure to seek the prior permission of the court as required by s 329(2) of the Criminal Justice Act 2003.”

WLR Daily, 21st May 2008

Source: www.lawreports.co.uk

Please note once a case has been fully repoted in one of the ICLR series the corresponding WLR Daily summary is removed

Moulai v Deputy Public Prosecutor in Creteil, France – WLR Daily

Moulai v Deputy Public Prosecutor in Creteil, France [2008] EWHC 1024 (Admin); [2008] WLR (D) 148

“Late service of a copy of a duly filed appeal notice was not a fatal bar to an appeal against an order extraditing (or not extraditing) a person.”

WLR Daily 12th May 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Legal Services Commission v Rasool – Times Law Reports

Legal Services Commission v Rasool

Court of Appeal

“Where the Legal Services Commission sought to recover sums following the revocation of a legal aid certificate, the quantum of costs paid or payable need not first be established before a cause of action accrued.”

The Times, 21st April 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Goodall v Peak District National Park Authority – WLR Daily

Goodall v Peak District National Park Authority; [2008] WLR (D) 99

“The 28 day time limit for appealing against an enforcement notice prescribed by s174(3) of the Town and Country Planning Act 1990 was not incompatible with the right to a fair trial guaranteed by art 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 9th April 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Airbus UK Ltd v Webb – Times Law Reports

Airbus UK Ltd v Webb

Court of Appeal

“An employment tribunal was entitled to find that an employee’s dismissal for misconduct was fair, even though the employer, in his response to the reason for the dismissal, had taken account of previous similar misconduct which was the subject of an expired final warning.”

The Times, 26th February 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Employee’s past can contribute to dismissal despite expired warnings, says judge – OUT-LAW.com

“An employee’s past conduct can be taken into account when dismissing them, even if that conduct was the subject of a written warning which has since expired, the Court of Appeal has ruled.”

Full story

OUT-LAW.com, 12th February 2008

Source: www.out-law.com

Ashe (Trustee in bankruptcy of Djabar Babai) v National Westminster Bank plc – WLR Daily

Ashe (Trustee in bankruptcy of Djabar Babai) v National Westminster Bank plc [2008] EWCA Civ 55; [2008] WLR (D) 40

“Where a mortgagor was in exclusive possession of his mortgaged property, and the mortgagee had for more than 12 years failed to protect its security by taking steps to enforce its right to possession or to obtain payment from the mortgagor, such possession was ‘adverse possession’ for the purposes of the Limitation Act 1980 and ran in the mortgagor’s favour and against the mortgagee; and the latter’s right of action, having accrued more than 12 years before, was extinguished under the Act.”

WLR Daily, 11th February 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Statek Corporation v Alford and Another – Times Law Reports

Statek Corporation v Alford and Another

Chancery Division

“Where a beneficiary had a claim against an accessory to another’s fraudulent breach of trust, the exception to the normal limitation period applied to that claim as if the accessory were a fiduciary or trustee.”

The Times, 12th February 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Abuse victims win historic ruling on compensation – The Independent

“Two young women have won a key ruling in their legal battle to secure compensation from the man who sexually abused them when they were children. The case is the first to benefit from last week’s landmark House of Lords ruling against the man known as the ‘Lotto Rapist’.”

Full story

The Independent, 5th February 2008

Source: www.independent.co.uk

A v Hoare; X and another v Wandsworth London Borough Council – WLR Daily

A v Hoare; X and another v Wandsworth London Borough Council; C v Middlesborough Council; H v Suffolk County Council; Young v Catholic Care (Diocese of Leeds) [2008] UKHL 6; [2008] WLR (D) 20

“A claim for damages for personal injuries caused by a sexual assault fell within s 11 of the Limitation Act 1980, allowing a limitation period of three years from the date when the claimant first considered the injury sufficiently serious to justify proceedings and the possibility of an extension beyond that if it was equitable to do so.”

WLR Daily, 31st January 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Churches, schools and charities braced for flood of claims after ruling on Lotto rapist, Iorworth Hoare – The Times

“Thousands of victims of sexual abuse including a woman whose life was ruined by the so-called Lotto rapist are preparing to lodge compensation claims after a landmark ruling by Britain’s highest court yesterday.”

Full story

The Times, 31st Janaury 2008

Source: www.timesonline.co.uk

A v Hoare X and Another v Wandsworth London Borough Council – Times Law Reports

A v Hoare; X and Another v Wandsworth London Borough Council; C v Middlesborough Council; H v Suffolk County Counci; Young v Catholic Care (Diocese of Leeds) and Another

House of Lords

“A claim for damages for personal injuries caused by a sexual assault had a limitation period of three years from the date when the victim first considered the injury sufficiently serious to justify proceedings but judges could extend that period if thought equitable.”

The Times, 31st Janaury 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication. 

Legal victory for child abuse man – BBC News

“A North Yorkshire man who suffered sexual abuse as a child has won the right to sue his tormentors in a landmark ruling by Law Lords.”

Full story

BBC News, 30th January 2008

Source: www.bbc.co.uk

‘I did not bring this case for the money – it is a fight for justice’ – The Times

“Two decades after being dragged into bushes and sexually assaulted as she took a daylight stroll through a Leeds park, Mrs A still suffers nightmares. Now in her late 70s, Mrs A has said that the brutality of the attack destroyed her confidence and left her with lasting psychiatric injury.”

Full story

The Times, 30th January 2008

Source: www.timesonline.co.uk

Lotto rape victim wins hope for thousands – The Times

“One woman’s quest for justice against the so-called Lotto rapist ends in victory today, with a court ruling that paves the way for thousands of sex abuse victims to sue their attackers for compensation, The Times has learnt.”

Full story

The Times, 30th January 2008

Source: www.timesonline.co.uk

Statek Corpn v Alford and another – WLR Daily

Statek Corpn v Alford and another [2008] EWHC 32 (Ch); [2008] WLR (D) 10

“S 21(1) of the Limitation Act 1980 applied to a claim by a beneficiary under a trust against an accessory to fraudulent breaches of trust committed by other people so that no limitation period applied to such claims.”

WLR Daily, 28th January 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Parties miss legal deadline on gifts donations – Daily Telegraph

“The Labour Party has repeatedly failed to declare donations totalling more than £2.8 million to electoral regulators within the legal time limit, it emerged last night.”

Full story

Daily Telegraph, 26th January 2008

Source: www.telegraph.co.uk


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