8 Aug 2016
The 2001 Act's s135(3) does not operate retrospectively to revive review rights that had expired under prior Acts; the transitional provisions do not require revival of spent rights and the 18 March 2015 letter was a correct non‑reviewable statement of law, so the application for late review of the 1999 decision was out of time and the appeal is dismissed.
5 Apr 2012
CERA s82 cannot be given retrospective effect to override or extend Limitation Act 1950 s4(1); s82 in any event does not empower the court to extend limitation periods for commencing proceedings because it applies to acts or steps in proceedings already before the court and the statutory purposes are forward‑looking; first cause (fiduciary duty) against first defendant disclosed no reasonably arguable cause given estate‑solicitor duties to the estate and plaintiff was separately represented; second cause (negligence) and mediator claim were time‑barred under s4(1) and, alternatively as to the…
14 May 2006
The Court upheld the Associate Judge: s40 of the Public Works Act 1981 applies to land acquired for public works and which was 'no longer required' at or after the Act's commencement; the terms 'held' and 'no longer required' can coexist so s40 created a continuing obligation from commencement; neither the Harbours Act 1950 nor the 1983 Empowering Act impliedly repealed or displaced s40 as applied to the pleaded facts; accordingly the plaintiffs' claim was not plainly untenable and the striking-out application and review were dismissed.
21 Mar 2001
The appellant was entitled to interest on arrears of earnings-related weekly compensation, but interest may only commence from 1 July 1992 (the date s.72 came into force) and is payable as simple interest at the prescribed rate (11%) from 1 July 1992 to the dates of payment; the Review Officer's decision was upheld and the appeal dismissed.