Easter Break

Posted April 17th, 2014 in Uncategorized by tracey

There will be no posts over the Easter weekend (Friday 18th April – Monday 21st April inclusive) during which time the Library will be closed. We will resume posting on Tuesday 22nd April.

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Bankers’ Bonuses – how the divorce capital of the world treats the rewards reaped from the financial capital of Europe – Family Law Week

Posted April 17th, 2014 in banking, divorce, financial provision, news, periodical payments, remuneration by tracey

‘Lois Rogers, solicitor at Vardags, and Lily Mottahedan, barrister at 1 Hare Court, examine the court’s treatment of bonuses in financial remedy claims in light of the recent decision of Mrs Justice Eleanor King in H v W [2014] EWHC 4105 (Fam) and pre-existing case law.’

Full story

Family Law Week, 17th April 2014

Source: www.familylawweek.co.uk

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Higher value commercial court cases will not be brought into costs regime retrospectively, says rule committee – OUT-LAW.com

Posted April 17th, 2014 in civil procedure rules, Commercial Court, costs, courts, news by tracey

‘Higher value cases raised in the commercial court will not be brought into the civil court costs regime retrospectively when the regime is extended to catch claims worth up to £10 million next week, the Civil Procedure Rules Committee (CPRC) has said.’

Full story

OUT-LAW.com, 17th April 2014

Source: www.out-law.com

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Recent Statutory Instruments – legislation.gov.uk

Posted April 17th, 2014 in legislation by tracey

The Children and Families Act 2014 (Transitional Provisions) Order 2014

The Designation of Schools Having a Religious Character (Independent Schools) (England) Order 2014

Source: www.legislation.gov.uk

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Hopkins Developments Ltd v Secretary of State for Communities and Local Government – WLR Daily

Posted April 17th, 2014 in appeals, construction industry, inquiries, news, planning by tracey

Hopkins Developments Ltd v Secretary of State for Communities and Local Government: [2014] EWCA Civ 470;   [2014] WLR (D)  170

‘Guidance as to how the principles of natural justice operated in the context of a planning inquiry under the Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000.’

WLR Daily, 15th April 2014

Source: www.iclr.co.uk

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JP v NP – WLR Daily

Posted April 17th, 2014 in divorce, financial provision, law reports by tracey

JP v NP: [2014] EWHC 1101 (Fam);   [2014] WLR (D)  172

‘In financial remedy proceedings a judge had power, under FPR r 29.15, to direct that a judgment should take effect from such later date as the court might specify. That power applied equally to a contested matrimonial matter resulting in a judgment as it did to consent orders since rule 29.15 applied to all family proceedings, including financial remedy proceedings, with no distinction being made as to whether by consent or otherwise.’

WLR Daily, 9th April 2014

Source: www.iclr.co.uk

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Greenclose Ltd v National Westminster Bank plc – WLR Daily

Greenclose Ltd v National Westminster Bank plc: [2014] EWHC 1156 (Ch);   [2014] WLR (D)  173

‘The terms of section 12(a) of the International Swaps and Derivatives Association (“ISDA”) Master Agreement (Multi Currency-Cross Border Form) (1992 ed) were mandatory and any notice purportedly served pursuant to those provisions had to have been given by the means therein prescribed, and by reference to and in accordance with the contact information provided in part 4 of the schedule to the agreement, subject to any amendment properly notified pursuant to section 12(b). If the schedule did not provide certain information necessary for service by a prescribed method, the contract was to be construed as limiting the prescribed methods to those expressly permitted by the schedule unless and until the missing information was notified under section 12(b) or the contract was formally amended.’

WLR Daily, 14th April 2014

Source: www.iclr.co.uk

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Akzo Nobel NV v Competition Commission and others (Metlac Holding Srl intervening) – WLR Daily

Posted April 17th, 2014 in competition, enforcement, foreign companies, jurisdiction, law reports, mergers by tracey

Akzo Nobel NV v Competition Commission and others (Metlac Holding Srl intervening): [2014] EWCA Civ 482;   [2014] WLR (D)  171

‘For the purposes of determining whether the Competition Commission had power under section 86(1) of the Enterprise Act 2002 to make an enforcement order against a person in order to prevent the anti-competitive outcome of a transaction, a person who exercised the strategic and operational management and control of a manufacturing and sales business, a substantial part of which was carried on within the UK, was to be regarded as “carrying on” that business in the UK, even where he or she never established a presence in the UK and his or her management and control took place entirely outside the UK.’

WLR Daily, 14th April 2014

Source: www.iclr.co.uk

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BAILII: Recent Decisions

Posted April 17th, 2014 in law reports by tracey

Court of Appeal (Civil Division)

Secretary of State for the Home Department v JR (Jamaica), R (on the application of) [2014] EWCA Civ 477 (16 April 2014)

Dowling & Ors v Bennett Griffin [2014] EWCA Civ 473 (16 April 2014)

Pitalia & Anor v The National Health Service Commissioning Board [2014] EWCA Civ 474 (16 April 2014)

DB Group Services (UK) Ltd v Revenue And Customs [2014] EWCA Civ 452 (16 April 2014)

Figurasin & Anor v Central Capital Ltd [2014] EWCA Civ 504 (16 April 2014)

Calvert & Ors v Cruddas [2014] EWCA Civ 476 (16 April 2014)

Jafri v Lincoln College [2014] EWCA Civ 449 (16 April 2014)

Chartwell Estate Agents Ltd v Fergies Properties SA & Anor [2014] EWCA Civ 506 (16 April 2014)

Phil & Ted’s Most Excellent Buggy Company Ltd v TFK Trends for Kids GmbH & Ors [2014] EWCA Civ 469 (16 April 2014)

Kazakhstan Kagazy Plc & Ors v Maksat Askaruly Arip [2014] EWCA Civ 381 (16 April 2014)

Court of Appeal (Criminal Division)

Gomes Monteiro & Ors, R v [2014] EWCA Crim 747 (16 April 2014)

High Court (Administrative Court)

O Twelve Baytree Limited, R (On the Application Of) v The Rent Assessment Panel [2014] EWHC 1229 (Admin) (16 April 2014)

Crawford, R (On the Application Of) v The University of Newcastle Upon Tyne [2014] EWHC 1197 (Admin) (16 April 2014)

Meadows Care Ltd & Anor v Lambert & Anor [2014] EWHC 1226 (Admin) (16 April 2014)

Haroon Aswat, R (On the Application Of) v Secretary of State for Home Department [2014] EWHC 1216 (Admin) (16 April 2014)

High Court (Chancery Division)

US Bank Trustees Ltd v Titan Europe 2007-1 (NHP) Ltd & Ors [2014] EWHC 1189 (Ch) (16 April 2014)

High Court (Commercial Court)

Stein v Chodiev & Ors [2014] EWHC 1201 (Comm) (16 April 2014)

High Court (Queen’s Bench Division)

Dillard v F&C Commercial Property Holdings Ltd [2014] EWHC 1219 (QB) (16 April 2014)

Aspinall v Secretary of State for Health [2014] EWHC 1217 (QB) (16 April 2014)

Stephens McBride Piercy Taylor Ltd v McBride [2014] EWHC 1231 (QB) (16 April 2014)

Merlin Financial Consultants Ltd v Cooper [2014] EWHC 1196 (QB) (16 April 2014)

Weller & Ors v Associated Newspapers Ltd [2014] EWHC 1163 (QB) (16 April 2014)

Shepherd v Fox Williams LLP & Ors [2014] EWHC 1224 (QB) (16 April 2014)

NAB v Serco Ltd & Anor [2014] EWHC 1225 (QB) (16 April 2014)

Source: www.bailii.org

 

 

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‘Culture change’ needed to embrace fee-charging McKenzie friends – Law Society’s Gazette

‘Fee-charging McKenzie friends increase access to justice and make up a “legitimate feature of the modern legal market”, according to a report published today by watchdog the Legal Services Consumer Panel. The president of the Law Society described the panel’s findings as “worrying”.’

Full story

Law Society’s Gazette, 17th April 2014

Source: www.lawgazette.co.uk

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Family head clamps down on care time limit, but hails pioneering court – Law Society’s Gazette

Posted April 17th, 2014 in care orders, courts, drug abuse, family courts, news, time limits by tracey

‘The Family Drug and Alcohol Court (FDAC) must be a “vital component” of the unified Family Court, the head of the Family Division said in a judgment highlighting the need for strict adherence to the time limit for resolving care cases.’

Full story

Family Law Week, 16th April 2014

Source: www.lawsocietygazette.co.uk

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Is Time Running Out For Section 20 of The Children Act? – Family Law Week

Posted April 17th, 2014 in birth, care orders, children, local government, news, social services, time limits by tracey

‘Julie Stather, barrister of 42 Bedford Row, examines the recent use of section 20 and considers its future in the light of the impending 26 week limit for care proceedings.’

Full story

Family Law Week, 16th April 2014

Source: www.familylawweek.co.uk

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A Family Justice System Fit for Families – Family Law Week

Posted April 17th, 2014 in children, courts, delay, divorce, family courts, news, time limits by tracey

‘Justice Minister Simon Hughes MP welcomes the family justice changes which come into force on the 22nd April.’

Full story

Family Law Week, 16th April 2014

Source: www.familylawweek.co.uk

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Divorce myths to be dispelled – Ministry of Justice

‘Separating couples will be given clear new guidelines setting out what they should expect when property and income is distributed by the courts, Simon Hughes has announced.’

Full press release

Ministry of Justice, 17th April 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

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Man jailed for breaching terror order – BBC News

‘A man has been sentenced to 15 months in prison after he breached the terms of the terror prevention measures placed upon him by the home secretary.’

Full story

BBC News, 16th April 2014

Source: www.bbc.co.uk

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A third of immigration arrests lead to deportation – BBC News

Posted April 17th, 2014 in immigration, news, statistics, warrants by tracey

‘Just over a third of immigration arrests following tip-offs from the public resulted in deportation in 2013, the Home Office has revealed.’

Full story

BBC News, 16th April 2014

Source: www.bbc.co.uk

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Lord Chief Justice steps into Strasbourg row – Daily Telegraph

Posted April 17th, 2014 in courts, extradition, human rights, judges, news, terrorism by tracey

‘Lord Thomas of Cwmgiedd urges European Court of Human Rights to leave terror extradition decisions to British courts.’

Full story

Daily Telegraph, 16th April 2014

Source: www.telegraph.co.uk

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Impose tougher sentences for knife crimes, says top judge – Daily Telegraph

Posted April 17th, 2014 in judges, magistrates, news, offensive weapons, sentencing, young offenders by tracey

‘The most senior judge in England and Wales has called on magistrates to impose tougher sentences for youths who carry knives.’

Full story

Daily Telegraph, 16th April 2014

Source: www.telegraph.co.uk

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Law Society urges people to leave instructions for their digital legacy – The Guardian

Posted April 17th, 2014 in intellectual property, internet, Law Society, news, wills by tracey

‘Solicitors organisation warns that too much valuable, intellectual property is in danger of being lost when we die.’

Full story

The Guardian, 16th April 2014

Source: www.guardian.co.uk

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Haroon Aswat extradition decision postponed until June – BBC News

Posted April 16th, 2014 in extradition, human rights, mental health, news, terrorism by tracey

‘Home Secretary Theresa May has been given two months to seek assurances from the US about how a terror suspect will be treated if he is extradited.’

Full story

BBC News, 16th April 2014

Source: www.bbc.co.uk

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