Invalid notices of termination: calculation of time periods

This golden oldie from 5 years ago reminds me that I have to check some draft chapters for the 4th edition of A-Z Guide to Boilerplate and Commercial Clauses, which is close to being published. This will be second of our books that has reached its 4th edition, along with Drafting and Negotiating Commercial Contracts.

IP Draughts

The UK Government seems to have got itself into a pickle over calculating the 3 month time limit for appealing a judgment of the European Court of Human Rights in the Abu Qatada extradition case.  Among many, hysterical newspaper articles, this article by an ex-Government lawyer stood out for IP Draughts as a model of well-reasoned sanity.

The court’s judgment is dated 17th January 2012.  If you count forward three months from that date (and start counting on 17th January), the deadline is midnight at the end of Monday 16th April.  If, however, you ignore the date of the judgment, and only start counting from 18th January, the deadline is midnight at the end of Tuesday 17th April.

The UK Government is clearly of the view that the Monday deadline applied.  On Tuesday this week, it started fresh extradition proceedings on the basis that the previous case was now dead. …

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