Reply To: Defective claims

Kevin D

There is a CD (no time to track it for now) where it was pointed out that the “anti-test” rules do not apply in respect of the “old” ultr-vires HBR 76.

This is because that Reg never, in law, existed. Therefore, any claim which was left in limbo is still a live claim on which a decision can (&, technically, should) be made.

In reality, LAs won’t go back and check for such cases, but they will be legally required to make a decision on them if they ever come to light.