In Dixon v Radley House Partnership and others, the Technology & Construction Court (TCC) considered the circumstances in which the calculation and payment of court fees and the drafting of claim forms can render proceedings in civil proceedings invalid, a nullity or statute-barred under the Limitation Act 1980. Continue reading
Not for the first time, the latest set of Civil Procedure Rule Committee (CPRC) papers have been just like buses – none for ages, then three sets all at once.
Papers from the June and July CPRC meetings were circulated on 18 October, along with the minutes of the May meeting. The papers from the May meeting were made publicly available on 20 October 2016. Continue reading
When is it too late for a claimant to bring a claim in equity? This is a question which many practitioners understandably find difficult to answer. The question may depend on whether a statutory limitation period applies (directly or by analogy), or on the equitable principle of laches, which prevents a claim from being brought after a prejudicial or unconscionable delay. Unfortunately, suggestions for reform of this area of law have not yet been acted upon. Continue reading