‘Boundary disputes are rarely cost effective and the courts often make orders that make them disproportionately costly for the winner as well as the loser. Two recent cases demonstrate that risk and the importance of fully exploring and considering the available and/or potential evidence as early as possible.’
Hardwicke Chambers, 7th May 2014
Source: www.hardwicke.co.uk
‘Paul Richards, a 47-year-old convicted sex offender, wins permission for new hearing in bid to have satellite tracking device removed.’
Daily Telegraph, 12th May 2014
Source: www.telegraph.co.uk
‘Those are not my words but the view expressed on 2 April by Lord Sumption on the effective over-compensation which can result under the Fatal Accidents Act 1976 (“the FAA”). The other Supreme Court Justices agreed with him. He expressed the view that, “What is clear is that sections 3 and 4 [of the FAA] mark a departure from the ordinary principles of assessment in English law, which can fairly be described as anomalous”. This was in a Supreme Court case which had to decide whether in a foreign accident case to apply German principles of assessment of damages (effectively full compensation) or English law in the form of the FAA: Cox v Ergo Versicherung AG (formerly known as Victoria) [2014] UKSC 22.’
Hardwicke Chambers, 11th April 2014
Source: www.hardwicke.co.uk
‘CCGs may face pressure to disclose information about commissioning in at least four ways. From:
Their duties to involve the public in “planning of the commissioning arrangements by the group” (s14 Z2 National Health Service Act 2006).
Their duties to involve individual patients in “their care or treatment” (s14U National Health Service Act 2006).
Applications to provide information under the Freedom of Information Act 2000.
Applications for disclosure, as part of litigation brought by failed tenderers following procurement exercises.’
Hardwicke Chambers, 10th April 2014
Source: www.hardwicke.co.uk
‘Mohammed Chowdhury claimed he only worked 16 hours a week as a waiter but owned an Essex tandoori restaurant which made £400,000 a year.’
Daily Telegraph, 12th May 2014
Source: www.telegraph.co.uk
‘Under Art 11 of the European Convention on Human Rights 1950, freedom of association is protected. In Redfearn v UK it was held that the UK government had violated Mr Redfearn’s Art 11 right as the UK had not taken reasonable measures to protect employees such as him from dismissal on grounds of political affiliation. The government’s response, although following a suggestion of the court, could mean that the wider issues in Redfearn may yet have to be visited again.’
Halsbury’s Law Exchange, 12th May 2014
Source: www.halsburyslawexchange.co.uk
‘Some big news for public bodies: it’s now alright to act unlawfully. Don’t get too excited though, there’s a catch: it’s only alright to act a little bit unlawfully. Sounds silly? I agree. But depressingly this is soon likely to be law as a result of the Criminal Justice and Courts Bill currently working its way through the House of Commons.’
Hardwicke Chambers, 8th April 2014
Source: www.hardwicke.co.uk
‘Given the continued attention commanded by the stream of relief from sanctions decisions and the implementation of the Jackson reforms, it is unsurprising that the secondary legislation that brought into force section 17 of the Crime and Courts Act 2013, and which made related changes to the CPR (see Legal update, The Civil Procedure (Amendment) Rules 2014 published), passed by relatively unnoticed. It would, however, be a mistake not to note the significant changes to the County Court and its jurisdiction. These will throw up significant practical issues for the courts themselves and, in some regions more than others, will create a number of tactical dilemmas for litigators.’
Full story (PDF)
Littleton Chambers, 7th May 2014
Source: www.littletonchambers.com
‘This paper considers the hybrid bill process, as occasionally used to promote major infrastructure projects, and how this interacts with the Environmental Impact Assessment regime. In particular it deals with the current High Speed Rail (London – West Midlands) Bill, which is seeking powers to build and operate Phase I of the High Speed 2 railway (“the HS2 Bill”).’
Thirty Nine Essex Street, May 2014
Source: www.39essex.com
‘Recent press coverage1 has highlighted a black hole in the government’s finances concerning student debt. A mis-calculation in the number of graduates who will earn enough to repay their loans has meant that, should the number pass the 48% mark (which appears likely – it is currently at 45%, having already been raised from an initial figure of 28%) the government would have been better off keeping to the £3,000 a year tuition fees regime. Little comfort to those students subject to the £9,000 a year rate of fees, but there is another group of people who view students with access to university loans on any terms as the lucky ones: those with discretionary leave to remain (“DLR”).’
Hardwicke Chambers, 8th April 2014
Source: www.hardwicke.co.uk
‘This briefing note seeks to explain the main changes to anti-social behaviour injunctions (ASBIs), anti-social behaviour orders (ASBOs), possession claims relating to anti-social behaviour under the Housing Acts of 1985 and 1988, and related remedies brought in by Parts 1 to 6 of the Act1 as far as they concern local housing authorities (LHAs) and private registered providers (PRPs).’
Hardwicke Chambers, 8th April 2014
Source: www.hardwicke.co.uk
‘Purchasing businesses and assets from an administrator can be tempting at an attractive price but there are lots of traps for the unwary. In this Insider, Tom Shepherd focuses on three key areas to consider when there is a sale of a business out of administration. First, he lists the types of sale that an administrator is likely to be involved in, including the much talked about pre-pack. Then he outlines the different types of due diligence a purchaser might want to think about when he is buying assets from an administrator. Last but not least, he considers the position of employees in that situation.’
Full story (PDF)
11 Stone Buildings, May 2014
Source: www.11sb.com
‘Mr Justice Coulson has handed down his lengthy judgment on the costs matters arising from the claim made by Greenwich Millennium Village Limited (“GMVL”). His judgment may prove of particular interest for his consideration of costs issues which arise when, as so often in the TCC, parties seek to pass on liabilities along a contractual chain.’
Full story (PDF)
4 New Square, 6th May 2014
Source: www.4newsquare.com
Family Law Finance Arbitration: a new dawn (Word)
Talk by Sir Hugh Bennett
Chartered Institute of Arbitrators, 30th April 2014
Source: www.flba.co.uk
L Batley Pet Products Limited (Appellant) v North Lanarkshire Council (Respondent) [2014] UKSC 27 (YouTube)
Supreme Court, 8th May 2014
Supreme Court, 8th May 2014
A (Respondent) v British Broadcasting Corporation (Appellant) (Scotland) [2014] UKSC 25 (YouTube)
Supreme Court, 8th May 2014
‘This appeal related to whether the Scottish Courts took the correct approach to prohibit the publication of a name or other matter in connection with court proceedings under section 11 of the Contempt of Court Act 1981, and whether the court’s discretion was properly exercised in this case. The Supreme Court unanimously dismissed the appeal by the BBC.’
UK Human Rights Blog, 9th May 2014
Source: www.ukhumanrightsblog.com
‘A High Court judge has today rejected a judicial review challenge brought by three national housebuilders over a council’s decision to agree to put a draft neighbourhood plan to a referendum.’
Local Government Lawyer, 9th May 2014
Source: www.localgovernmentlawyer.co.uk
‘Mr Justice Holman was angry. Pauline Chai, the Miss Malaysia wife of Laura Ashley tycoon Khoo Kay Peng had filed to divorce her husband in a £500m case – yet earlier this month the businessman failed for the second time to turn up at the High Court.’
The Independent, 9th May 2014
Source: www.independent.co.uk
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