Lapse of Time in UK Law
-
Dyer v Watson and Another; HM Advocate v K
“
In any case in which it is said that the reasonable time requirement (to which I will henceforward confine myself) has been or will be violated, the first step is to consider the period of time which has elapsed. Unless that period is one which, on its face and without more, gives grounds for real concern it is almost certainly unnecessary to go further, since the convention is directed not to departures from the ideal but to infringements of basic human rights.
-
King v Victor Parsons & Company
“
In order to show that he "concealed" the right of action "by fraud" it is not necessary to show that he took active steps to conceal his wrong-doing or his breach of contract. It is sufficient that he knowingly committed it and did not tell the owner anything about it. He conceals it by "fraud" as those words have been interpreted in the cases.
-
Applegate v Moss
“
It is used in the equitable sense to denote conduct by the defendant or his Agent such that it would be "against conscience" for him to avail himself of the lapse of time. The section applies whenever the conduct of the defendant or his agent has been such as to hide from the plaintiff the existence of his right of action, in such circumstances that it would be inequitable to allow the defendant to rely on the lapde of time as a bar to the claim.
-
Elaheebocus v The State of Mauritius
“
If one asks the fundamental question, does the period which elapsed here between the appellant's arrest in April 1997 and the dismissal of his appeal to the Supreme Court on 20 January 2006 give ground for real concern as to whether this case has been heard and completed within a reasonable time, there can surely be only one answer: yes. Thus it is necessary for the respondent state to explain and justify what appears overall to be an excessive lapse of time.
-
JA Pye (Oxford) Ltd v United Kingdom (44302/02)
“
From 1833 onwards the only question was whether the squatter had been in possession in the ordinary sense of the word. Para 8(1) of Schedule 1 to the 1980 Act defines what is meant by adverse possession in that paragraph as being the case where land is in the possession of a person in whose favour time "can run". It is directed not to the nature of the possession but to the capacity of the squatter.
In my judgment much confusion and complication would be avoided if reference to adverse possession were to be avoided so far as possible and effect given to the clear words of the Acts. The question is simply whether the defendant squatter has dispossessed the paper owner by going into ordinary possession of the land for the requisite period without the consent of the owner.
-
Birkett v James
“
To justify dismissal of an action for want of prosecution the delay relied upon must relate to time which the plaintiff allows to lapse unnecessarily after the writ has been issued. A late start makes it the more incumbent upon the plaintiff to proceed with all due speed and a pace which might have been excusable if the action had been started sooner may be inexcusable in the light of the time that has already passed before the writ was issued.
-
Trustee Act 1888
... ... such purchaser was acting in collusion with such trustee at the ... time when the contract for such sale was made ... (3.) No purchaser, upon any ... be entitled to the benefit of and be at liberty to plead the lapse ... of time as a bar to such action or other proceeding in the like ... ...
-
Bankruptcy (Scotland) Act 1856
... ... to any Property which was vested in a Party deceased at the Time of his Death, whether as Heirs, ... Heirs Apparent, Trustees under ... in the Value of the Annuity as shall have been caused by the Lapse of Time since the Grant thereof to the Date of the Sequestration; and such ... ...
-
Debtors (Scotland) Act 1987
... ... Act to make new provision with regard to Scotland for an extension of time for payment of debts; to amend the law relating to certain diligences; to ... 4: Lapse of time to pay direction ... ...
-
Debt Arrangement and Attachment (Scotland) Act 2002
... ... relate is to— ... (i) continue to have effect without limit of time; ... (ii) continue to have effect for such further period as may be ... debt, or any other debt, has lapsed under section 4 (lapse of time to ... pay directions) or, as the case may be, section 11 (lapse ... ...
-
Redressing the Past with An Eye to the Future. The Impact of the Passage of Time on Property Rights Restitution in Post-Apartheid South Africa
How should the law respond to a period of grave injustice in which certain categories of people were systematically deprived of their property rights and what is the impact of the passage of time o...... ... However, laws function in dealing with past deprivations of propert y rights will vary with the passage of time. If the lapse of time between the moment of past injustice and the moment of restitution has been relatively short, it is possible to conceive of the ... ...
-
Protection of trafficked people in Italy: policies, limits and challenges
Purpose: – The purpose of the article is to analyse the Italian anti-trafficking system by examining its effectiveness in the protection of trafficked people. Design/methodology/approach: – The ar...... ... for the residence permit granted to victims; the long lapseof time for the issuing of the residence permit; difculties in the conversion ... authorities of therequirements for the residence permit; the long lapse of time for the issuing of theresidence permit; the difcult conversion ... ...
-
Leave to Appeal Challenged at Substantive Hearing
... ... made 'promptly' and, unless there is 'good reason' for extendingthe time, within three months of the incidentwhich affordsthegroundsof the ... , and (3) if a case for recommendingcompensation were made out, the lapse of time meant that it would betoo late to re-open the case, by remitting ... ...
-
Equitable Estoppel Today
... ... that his father could do so; and it did not at the time fall within the third category, as only the father had done an ... of the obscurity of the relationship between lapse of time and acquiescence. Laches has, according to J ... ...
-
Extraordinary Repairs
... ... Lord Glennie's view is that the question of decay through lapse of time falls into this category. However, the test is qualified - the ... ...
-
Are Notice Clauses Always Fair And Reasonable?
... ... some condition is not complied with, whether it was reasonable at the time of the contract to expect that compliance with that condition would be ... stressed that this meant that there would often be a substantial lapse of time between the carrying out of the work and the occurrence of any ... ...
-
Premium – in whose interest?
Loan investors and traders take note of the Judgment of the UK Supreme Court on 11 March 2015 in Tael One Partners v Morgan Stanley & Co International PLC [2015] UKSC 12. The Court addressed the t...... ... , and traders are free to negotiate specific terms at the time of trade where there may be any ambiguity as to who receives the benefit ... only the quantum of premium that was determined by reference to the lapse of time ... The Supreme Court (overturning the Court of Appeal’s ... ...
-
Significant Development In Holiday Pay Claims In The UK ' What Employers Need To Know
... ... been underpaid holiday pay over a period of time to claim back for ... a period of two years, or, if earlier, the point at ... chain of underpayments - the lapse of time is only one factor. If, ... for example, an employer is adopting ... ...
-
Apply to extend a representation order
Crown Court forms including the form to extend a representation order.... ... 7 Trial Time ... Estimated trial time ... ... 8 ... to the court within 7 days of the hearing or the authorisation may lapse. Where the form is not forthcoming, or where the form appears to be ... ...