Limitation Period In Professional Negligence Claim Ran From The Date Of Payment Out Of The Estate’s Account The Court of Appeal held that the personal representative’s professional negligence claim had been bought out of time in circumstances where it had been issued more than 6 years after the distribution of payments out of the estate account. The alleged negligence was that the solicitors of the deceased, who had died intestate, had failed to advise him against distributio ...
|
The Court of Appeal allowed an appeal in a case of a Pakistani national who appealed against a UKBA decision to refuse him leave to remain as a Tier 2 (General) Migrant. The appellant entered the UK lawfully as a student and after completing his studies obtained leave to remain as a work permit holder. For the next four years he worked as a physiotherapy assistant. His application for further leave to remain as a Tier 2 (General) Migrant was refused by t ...
|
The Court of Appeal unanimously dismissed an appeal against deportation of a Bangladeshi national who had come to the UK at the age of 14 and had lived in the UK for 30 years. He had obtained indefinite leave to remain in the UK. He committed a serious criminal offence which attracted a 15 year criminal sentence. The SSHD took deportation action. The foreign national appealed against the deportation decision. The AIT allowed his appeal and found that although deportation was conducive to the pu ...
|
The Upper Tribunal has issued new Country Guidance on the issue of risk on return to Eritrea where (a) there has been illegal exit from Eritrea; and/or (b) a person has claimed asylum in the United Kingdom (regardless of status of exit). The Upper Tribunal held as follows: (i) The figures relating to UK entry clearance applications since 2006 – particularly since September 2008 – show a very significant change from those considered by the Tribunal i ...
|
The Legal Services Commission has a Public Interest Advisory Panel, which makes decisions on whether to grant public funding for cases that involve a wider public interest. The LSC Funding Code, which sets the relevant criteria, was amended as from April 2010 to provide that judicial review proceedings could not be funded if the applicant had no personal interest and so was motivated only by public interest grounds (though an exception was made for environmental decisions). This was challenged b ...
|
The appellants Mr and Mrs Williams (W) sought to appeal an earlier decision of the Court of Appeal whereby Lewison J determined that a contract for the sale of residential property entered into with the first respondent company, Redcar Ltd (R), had been properly executed. Lewison J held that a reasonable reader of the documents would have understood that the signatures of the authorised signatories contained in the agreement were made both on their own and R’s account. W contended that without e ...
|
Mrs Justice Sharp gave judgment in an appeal concerning Tenancy Deposit Schemes and the application of sections 213 and 214 of Chapter 4 of Part 6 of the Housing Act 2004 (“the Act”). The first instance hearing pre-dated Tiensia v Vision Enterprises Ltd (t/a Universal Estates) and Honeysuckle Properties v Fletcher and others [2010] EWCA Civ 1224.In this case, the tenant paid the deposit late, after she had given notice of termination of her tenancy. She refused the landlord’s offer to pay back t ...
|
For the purposes of s.14A of the Limitation Act 1980 in respect of a claim following the construction of a large, supposedly waterproofed basement room beneath a rear garden, the Claimants had sufficient knowledge of the material facts about the damage when they knew of the serious water penetration or the financial loss of having a concrete structure which was not waterproofed which was substantially valueless and they knew that the structural engineer had been retained to give structural advic ...
|
The alleged failure to advise an administrator of an estate that if he made a distribution from the estate that he would be potentially liable to any claim of which he had notice before the distribution constituted damage for the purposes of the Limitation Act 1980 from the moment of the distribution even though the claim had not at that stage been pursued. Until the claim was withdrawn the administrator would remain exposed to the claim and the fact that it still needed to be proved was not a r ...
|
The appellant was a paramedic. On 18 April, the appellant gave his colleague a bag full of drugs, which included a quantity of out-of-date diamorphine, some of which were injected by his colleague. When questioned by the competence and conduct committee (the defendant Health Professions Council) it was decided that the appellant would be sanctioned with a striking off order. On appeal, it was found that the sanction was proportionate between public protection and the rights of the practitioner. ...
|
| 1 |