The Limitation Act 1980 (LA 1980) sets out the timescales within which certain causes of action must be commenced. This includes simple contracts, and ‘specialities’ which includes deeds. A section 38 agreement pursuant to the Highways Act 1980 (HiA 1980) will be entered into as a deed. It creates rights over land, and gives effective ‘ownership’ of the highway surface to the highway authority with the legal owner retaining ownership

An application to a magistrates' court for a liability order is instituted under the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989, SI 1989/1058, reg 12(2) by making complaint to a justice of the peace, and requesting the issue of a summons directed to that person to appear before the court to show why he has not paid the

Montreal Convention claims Pursuant to section 5 of the Carriage by Air Act 1961 (CAA 1961), there is a two-year time limit for bringing a personal injury or wrongful death claim under the Montreal Convention. The time limit starts to run from the date of actual or planned arrival at the destination or from the date on which the carriage stopped, whichever is the sooner. Where a claim is brought in the English courts in relation to a Montreal Convention claim, the two-year limitation period cannot be extended. Further to this, the provisions of section 33 of the

Rule 23 of the Court of Protection Rules 2007, SI 2007/1744 (the Rules) states: 'The court may at any time correct any clerical mistakes in an order or direction or any error arising in an order or direction from any accidental slip or omission.' See: Amendments: clerical errors, slips and indorsements: Atkin's Court Forms [441]. Unless there is an error in an order or direction the Rules do not indicate that any amendment can be made to a registered LPA. Section 9(3) of the Mental Capacity Act

Pensions analysis: The Advocate General has released an opinion with respect to lawfulness of the level of Pension Protection Fund (PPF) compensation. Mark Grant, head of the pensions team at CMS, looks at the practical implications of the Advocate General’s opinion and considers what might happen in the Court of Justice.

The people with significant control regime (PSC regime) applies to UK incorporated companies limited by shares or guarantee (including community interest companies), LLPs, unlimited companies, unregistered companies, SEs and eligible Scottish partnerships (Scottish limited partnerships and Scottish qualifying general partnerships). It also applies to dormant companies. These entities are required to identify and record the people who own or control their enterprise in a PSC register (except eligible Scottish partnerships which are not required to keep a PSC register but are required to deliver PSC information to Companies House for the central register). The requirement to maintain a PSC register does not currently apply to other 'non-corporate' entities, such as limited partnerships in England & Wales, co-operative or community benefit societies, Royal Charter organisations, charitable trusts, or charitable incorporated organisations (CIOs). All UK companies are covered by the regime other than those admitted to trading on a regulated market in the UK or an EEA state (other than the UK) or on specified markets as listed in Schedule 1 to The Register

PA 1890 sets out a number of default provisions that apply in relation to the interests of partners in the partnership property and their rights and duties in relation to the partnership, subject to any agreement express or implied between the partners. The key default provisions are: • all partners are to share equally in the capital and profits and contribute equally to losses (PA 1890, s 24(1)) • the partnership must indemnify any partner for payments and liabilities incurred in the ordinary and proper conduct of the partnership’s business

Pre-action protocol for possession claims There are two pre-action protocols that relate to claims for possession: the Protocol for Possession Claims by Social Landlords, and the Protocol for Possession Claims Based on Mortgage or Home Purchase Plan Arrears in Respect of Residential Property. There does not appear to be any basis for the former to apply. For details of the scope and requirements of the latter, see Practice Note: Mortgage possession claims — Pre-action protocol. For further information, see: • Commentary: Mortgagee possession proceedings: Claims to the Possession of Land [F1.39] • Commentary: Procedural Code and Pre-action protocols: Claims to the Possession of Land [G1.1] • Practice Note: Pre-action behaviour in non-protocol cases—Practice Direction Pre-Action

The introduction to the Pre-Action Protocol for Debt Claims specifies that it applies to any business (including sole traders and public bodies) claiming payment of a debt from an individual (including a sole trader). Accordingly, where the creditor is a sole trader and the debtor is a limited company the Pre-Action Protocol for Debt Claims will not apply. In addition to the situation described above, the Pre-Action Protocol for Debt Claims does not apply: • where the debt is covered by another pre-action protocol, such as Construction and Engineering or Mortgage Arrears, or • to claims issued by HMRC that are governed by CPR PD 7D (Claims for

The new Pre-Action Protocol for Debt Claims (‘the Protocol’) came into force on 1 October 2017. Where the Protocol applies, the court will expect parties to comply with its provisions prior to commencing a claim and will take into account non-compliance when giving directions for the management of any subsequent proceedings (para 7 of the Protocol). The Protocol states at para 1.1 that it: ‘Applies to any business (including sole traders and public bodies) claiming payment of a debt from an individual (including a sole trader). The business will be referred to as the

Definition of a public liability claim The Pre-Action Protocol for Low Value Personal Injury (Employers' Liability and Public Liability) Claims (the Protocol) defines a ‘public liability claim’ in the following terms: ‘1.1(18) 'public liability claim'— (a) means a claim for damages for personal injuries arising out of a breach of a statutory or common law duty of care made against— (i) a person other than the claimant's employer; or (ii) the claimant's employer in respect of matters arising other than in the course the claimant's employment; but (b) does not include a claim for damages arising from a disease that the claimant is alleged to have contracted as a consequence of breach of statutory or common law duties of care, other than a physical or psychological injury caused by an accident or other single event’ Scope of the Protocol Para 4.1 of the Protocol sets out when it applies: • ‘(1) either— (a) the claim

Scope of the protocol The Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims (the EL/PL Protocol) applies to claims valued up to £25,000 where the accident occurred on or after 31 July 2013 or, in a disease claim, no letter of claim has been sent to the defendant before 31 July 2013. It is designed to increase the speed of decision making by imposing fixed response times and fixed costs on parties. The aim is to avoid the need for the claimant to start proceedings and for damages to be paid within a reasonable time. For further guidance, see Practice Note: The