Lapse of Time in UK Law

  • Extraordinary Repairs
    • Mondaq United Kingdom
    ... ... 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?
    • Mondaq UK
    ... ... 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?
    • JD Supra United Kingdom
    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
    • Mondaq UK
    ... ... 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 ... ...
  • Courts Consider Public Authorities' Duty To Consult
    • Mondaq UK
    ... ... regulations, but regardless of the time elapsed since, or the ... quality of, the consultation ... A fresh ... proposal, a court will take into account the lapse of time, the ... developments in the intervening period, the reasons why ... ...
  • No limitation period in breach of duty claim against director
    • JD Supra United Kingdom
    A recent UK Supreme Court decision establishes that where a director unlawfully transfers property to a company he controls, a subsequent breach of duty claim will not be subject to a limitation pe...
    ... ... judgment was entered against Burnden on the basis that the claim was time-barred ... Setting aside of summary judgment ... The summary judgment ... of the section, which was to give a trustee the benefit of the lapse of time in respect of a legal or technical wrong but not to protect him ... ...
  • No Contractual Definition Of "Force Majeure" Means No Extension Of Time (EoT)...Not Quite.
    • Mondaq UK
    ... ... may vary with each instrument." ... This provides open interpretation as to what force majeure ... actually means, and despite the lapse of time from 1920 until now, ... there is no standard definition used in construction contracts ... So, if there is no standard definition, what is ... ...
  • Ban On Use Of Agency Workers During Strikes To Be Reinstated Following Government Defeat
    • Mondaq UK
    ... ... considerable lapse of time and material changes in industrial ... relations and the UK labour ... ...
  • Privilege - Recent Developments
    • Mondaq United Kingdom
    ... ... and, it was explicitly contemplated by them and the lawyers that in time they would become vulnerable to investigation by the FSA. Test ... The ... the privileged information would be recallable having regard to the lapse of time, the progress of the other proceedings and the technical nature of ... ...
  • Does Failure To Get A Share Valuation Cause A Good/Bad Leaver Any Loss?
    • Mondaq UK
    ... ... Despite this deemed obligation, he was still a shareholder at the time of the judgement ... Following the consultant's departure the company ... In most cases there was likely to be a limited lapse of time between the end of employment and the sale of the shares ... ...
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