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Urban Justice Docket

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      The full library in alphabetical order, across every area of law.

      Time Limits on a Claim

      When a Claim Accrues, and Why It Is Not Obvious

      A limitation period runs from accrual: the moment every element of the claim exists and a proceeding could have been brought. For a breach that is the breach itself; for a claim requiring damage it is the first damage; for a debt payable on demand it may be the demand. Identifying which element arrived last is what fixes the date, and it is a legal conclusion rather than something anybody recorded at the time.

      6 min readCourt rules

      Giving Notice

      When a Country Refuses a Method of Service

      Destination states declare which methods of service they accept, and several object to direct postal service, to service by private agents, or to both. A method used contrary to a declaration is generally invalid, the defect surfaces late, and the practical response is to read the declaration before choosing a route rather than afterwards.

      6 min readCourts and agencies

      Waiting and Delay

      When a Matter Is Outside Normal Times

      Being outside normal processing times is a defined status rather than a feeling. It generally entitles the person waiting to make an inquiry that must be answered, opens escalation routes that are otherwise unavailable, and forms the foundation of any later argument about unreasonable delay. Establishing the position precisely is what makes those routes usable.

      6 min readAgency practice

      Waiting and Delay

      When No Determination Ever Arrives

      Where a body has failed to decide within a reasonable period, legal remedies exist that compel a determination rather than dictate its content. They require the ordinary routes to have been exhausted, a substantial and documented delay, and a duty to decide that is clear. The result is a decision, which may be the one the applicant did not want.

      6 min readAgency practice

      Missing a Deadline

      When the Adviser Missed It, Not the Party

      A representative's failure is usually treated as the party's own, because the alternative would make timetables unenforceable against anybody who was represented. The principle has limits where the failure was extreme or where the party was effectively abandoned. Meanwhile the practical questions — relief, disclosure, the professional relationship and any claim against the adviser — all run in parallel.

      6 min readCourts and agencies

      Counting the Days

      When the Clock Actually Starts Running

      Every time limit has a trigger, and the trigger is defined by the rule rather than by common sense. Service, issue, receipt, demand and completion are all different events, and a period counted from the wrong one is wrong by however many days separate them. Finding the trigger in the text is the first step in any deadline question.

      6 min readCourts and agencies

      Hearings and Appearances

      When the Other Side Objects to a Move

      Opposition to moving a hearing generally rests on wasted costs, released witnesses, lost preparation or a tactical advantage in the timing. Most of those can be addressed directly, by offering costs, proposing a close alternative date or accepting conditions. Objections that cannot be addressed usually involve something genuinely lost, and those are the ones that decide applications.

      6 min readCourts and agencies

      The Window to Appeal

      Which Decisions Can Be Appealed Yet

      Appeal rights generally attach to decisions that finally dispose of a matter, with exceptions for particular categories of interim decision, for decisions certified as suitable for immediate challenge, and where permission is granted. Establishing whether a decision is appealable now determines whether a notice should be filed immediately or whether the right arises later.

      6 min readCourts and agencies

      Waiting and Delay

      Who to Ask When Nobody Answers

      Escalation routes exist beyond the ordinary inquiry channel: supervisory review, oversight and ombudsman offices, elected representatives' casework services, and eventually legal remedies. Each generally requires evidence that the earlier routes were used, and each has its own eligibility criteria. Using them in order, with a documented record, is what makes them work.

      6 min readAgency practice

      Counting the Days

      Within, By, and Not Later Than

      Within a period counts from a trigger and produces a date; by a date and not later than a date name one directly. The practical differences are whether the named day is included, whether the counting conventions apply at all, and what happens when the day falls on a closure. Reading which construction a rule uses settles a question that would otherwise be argued.

      6 min readCourts and agencies