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Out-of-Time Judicial Review Claims in Planning

This article will focus on time limits for judicial review claims in planning cases, more specifically those that are brought out of time, the key considerations when dealing with out-of-time claims and a review of some recent case law.

Response to Government announcement on immigration

Matthew Davies, partner and Head of Business Immigration at Midlands law firm Wright Hassall, responds to the Government’s announcement of post-Brexit immigration changes which ends free movement and brings EEA nationals within a “new” points based system by 2021.

“The Final Say”

The debate surrounding assisted dying is both ethically sensitive and legally complex. While the law currently prohibits assisted suicide under the Suicide Act 1961, recent developments and societal shifts have reignited discussions on reform.

Construction delays go to VAR

Based on the current law, parties can now apply more commercial pressure and consider the wider context of the project as a whole when deciding upon or challenging the contractual liquidated damages figure for culpable delay.

Contesting a will on the grounds of fraud

If the true intentions of the person making a will are not contained within their will, it may be possible to contest a will on the grounds of fraud. Fraud is defined in criminal law as being “an intentional deception made for personal gain or to damage another individual”.

Is a promise legally enforceable?

Section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 (the “Act”) formalises the procedure for transferring ownership of land. It provides that an agreement for the sale of land can only be made in writing and must be signed by or on behalf of each party.

Distinguishing between “subject to a written contract” and “subject to contract”

In case some readers think the answer to the above question is a matter of dry academic law with no practical relevance, some £10 million turned, at least in part, on the distinction between those phrases in the case of Anchor 2020 Ltd v Midas Construction Ltd.

Forfeiture – how scared should lenders be and do they have to pay freeholders’ legal costs?

Some years ago, the law made it more difficult for freeholders to apply for forfeiture of leases. The Leasehold and Commonhold Reform Act 2002 placed a hurdle in the way of landlords seeking forfeiture due to breaches of the lease.

Insolvent liquidation - an adjudication threat from beyond the grave?

The Supreme Court has, in June 2020, given judgment on a landmark case which sets out the current state of the law relating to the availability or otherwise of adjudication as a means of dispute resolution when one of the parties is in insolvent liquidation.

The Layman's Note - Explaining Court Judgements

Legal judgments are often complex and filled with archaic language, making them difficult for non-lawyers to understand. In a 2015 article, the idea of adding a plain English summary to court judgments was proposed to bridge this gap. Today, with the rise of AI, this concept is more achievable than ever. AI could generate layman-friendly summaries, which judges could then review and approve - enhancing accessibility and public understanding of the law.