High Court: no “windfall” in allowing barrister to claim fast-track trial advocacy fee – Litigation Futures

‘Allowing a claimant’s barrister to recover a trial advocacy fee in a fast-track personal injury case, settled on the morning of the hearing, “hardly amounts to a windfall”, a High Court judge has said.’

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Litigation Futures, 3rd May 2016

Source: www.litigationfutures.com

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Compensation for health and safety breaches depends on actual harm, Court of Appeal confirms – OUT-LAW.com

‘Employees must be able to prove that they have suffered actual harm as a result of breaches of health and safety law by an employer in order to claim compensation, the Court of Appeal has confirmed.’

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OUT-LAW.com, 29th April 2016

Source: www.out-law.com

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Time to challenge appeal begins at date of award, says High Court – OUT-LAW.com

Posted May 3rd, 2016 in appeals, arbitration, delay, fees, news, time limits by tracey

‘The time allowed to challenge an arbitration award begins on the date that the award is made, and not when the parties receive it, the High Court in England has said.’

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OUT-LAW.com, 29th April 2016

Source: www.out-law.com

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Age assessment and litigation fairness – Local Government Lawyer

Posted May 3rd, 2016 in appeals, children, immigration, news, social services, tribunals by tracey

‘The Court of Appeal has handed down a wide-reaching judgment that directly concerns age assessment cases, but the principles enunciated apply to all litigation (private and public), writes Peter Oldham QC.’

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Local Government Lawyer, 28th April 2016

Source: www.localgovernmentlawyer.co.uk

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Murder conviction of Chinese MI6 informant referred to appeal court – The Guardian

Posted April 29th, 2016 in appeals, informers, intelligence services, murder, news by tracey

‘The murder conviction of a leading Chinese dissident and MI6 informant has been referred to the court of appeal after the Guardian uncovered evidence that was withheld by the police.’

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The Guardian, 28th April 2016

Source: www.guardian.co.uk

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So Long(more): An end to the re-formulated Ghosh test for dishonesty in professional disciplinary cases? – 4 King’s Bench Walk

Posted April 27th, 2016 in appeals, disciplinary procedures, news, professional conduct by sally

‘In Hussain v GMC Lord Justice Longmore suggested the objective test for dishonesty in disciplinary proceedings should reflect the standards of members of the profession rather than the general public. That suggestion was taken up with varying degrees of enthusiasm by disciplinary panels, legal advisers and the courts. Andrew Granville Stafford argues that the recent Court of Appeal case of R v Hayes has effectively ended any need to apply the Longmore formulation.’

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4 King’s Bench Walk, 27th April 2016

Source: www.4kbw.co.uk

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Allocation schemes and unlawful discrimination – LAG Housing Law

‘Sam Madge-Wyld looks at challenges to housing allocation schemes.’

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LAG Housing Law, 26th April 2016

Source: www.laghousinglaw.com

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Prisoner who threw boiling water at nurse sentenced to 11 years jail – Attorney General’s Office

Posted April 27th, 2016 in appeals, grievous bodily harm, news, nurses, prisons, sentencing by sally

‘A violent prisoner in HMP Preston who threw boiling water in the face of a nurse today had his sentence increased to 11 years in jail.’

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Attorney General’s Office, 27th April 2016

Source: www.gov.uk/ago

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Credit Hire – Defendant Entitled To Summary Judgment When Claimant Could Not Establish Need – Zenith PI Blog

‘HHJ Armstrong refused the Claimant’s application for permission to appeal the decision of District Judge Read that the Defendant was entitled to summary judgment when the Claimant could not establish need in relation to a vehicle he had hired.’

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Zenith PI Blog, 27th April 2016

Source: www.zenithpi.wordpress.com

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Part 25 Applications – The theory and the practice – Family Law Week

‘Marie Crawford, barrister, Becket Chambers considers the disconnection between theory and practice in making applications to adduce expert evidence.’

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Family Law Week, 21st April 2016

Source: www.familylawweek.co.uk

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Staff handbook provisions had contractual effect, rules Court of Appeal – OUT-LAW.com

Posted April 27th, 2016 in appeals, contract of employment, contracts, documents, employment, news by sally

‘A recent decision by the Court of Appeal provides a “helpful summary” of the circumstances in which employment terms set out in separate documents should be considered incorporated into employee’s contracts, according to an employment law expert.’

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OUT-LAW.com, 26th Aoril 2016

Source: www.out-law.com

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Neuberger: ODR may become only route to justice for smaller claims – but Bar is looking for alternatives – Legal Futures

‘Online dispute resolution (ODR) could be the only way of ensuring access to justice in moderate-sized claims in future – but the Bar Council is trying to find an alternative that retains hearings, according to the president of the Supreme Court.’

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Legal Futures, 27th April 2016

Source: www.legalfutures.co.uk

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Moorjani v Durban Estates – Tanfield Chambers

Posted April 26th, 2016 in appeals, damages, housing, landlord & tenant, leases, news, repairs by sally

‘Housing practitioners are familiar with the routine claim for disrepair in respect of short-life tenancies. However, such claims are rarely encountered with long residential leases and whilst they are unlikely to raise any particular problems with liability, they may do so as regards causation and the quantification of damages. This can be seen by considering the two main types of damage sustained.’

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Tanfield Chambers, 19th April 2016

Source: www.tanfieldchambers.co.uk

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Sinclair Gardens Investments (Kensington) Ltd v Ray [2015] EWCA Civ 1247 – Tanfield Chambers

Posted April 26th, 2016 in appeals, evidence, judgments, leases, news, valuation by sally

‘A previous decision of the Upper Tribunal is admissible evidence of what it decided and it is a question of what weight a subsequent tribunal should give it. The extent to which the previous decision is a decision on general points of interest rather than specific facts and the cogency of the reasoning will impact on the weight to be given to a particular decision.’

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Tanfield Chambers, 19th April 2016

Source: www.tanfieldchambers.co.uk

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VAT and service charges: indivisible or not indivisible-is that the question? – Tanfield Chambers

Posted April 26th, 2016 in appeals, landlord & tenant, news, service charges, tribunals, VAT by sally

‘This article gives consideration of the decision of the Upper Tribunal (Lands Chamber) in Janine Ingram v Church Commissioners for England [2015] UKUT.’

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Tanfield Chambers, 26th April 2016

Source: www.tanfieldchambers.co.uk

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Misuse of your private information – Can You Put A Value On That? – 4 KBW

Posted April 26th, 2016 in appeals, damages, human rights, interception, media, news, privacy, telecommunications by sally

‘The Supreme Court has refused MGN Limited permission to appeal the decision in Representative Claimants -v- Mirror Group Newspapers Ltd [2015] EWCA Civ 1291 – the Court of Appeal’s decision regarding the appropriate level of damages in eight phone-hacking ‘test cases’. This decision itself was an unsuccessful appeal by MGN against the High Court decision in Gulatti & Ors v MGN Limited [2015] EWHC 1482.’

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4 KBW, 8th April 2016

Source: www.4kbw.net

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Secondary victims revisited: Liverpool Women’s Hospital NHS Foundation Trust v Ronayne – Cloisters

‘Claims by secondary victims are subject to well-known control mechanisms. The classic statement of which came in Alcock v Chief Constable of the South Yorkshire Police[1]:

there must be a close tie of love and affection with the person killed, injured or imperilled;
there must be proximity in time and space to the incident or its immediate aftermath;
the incident or its immediate aftermath must have been directly perceived;
the psychiatric injury must be induced by a sudden shocking event.’

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Cloisters, 14th April 2016

Source: www.cloisters.com

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Court of Appeal rules on meaning of “inappropriate development” in Green Belt – Local Government Lawyer

Posted April 26th, 2016 in agriculture, appeals, local government, news, planning by sally

‘The Court of Appeal has handed down a key ruling on the meaning of “inappropriate development” in the Green Belt.’

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Local Government Lawyer, 25th April 2016

Source: www.localgovernmentlawyer.co.uk

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Credit Hire Charges Remain in Protocol – Stage 3 Procedure Appropriate – Not Appropriate to Reallocate to Part 7 – Zenith PI Blog

Posted April 26th, 2016 in appeals, civil procedure rules, news, small claims by sally

‘In Phillips v Willis the Court of Appeal held that it was wrong in law and “irrational” for a claim proceeding via the low-value RTA Protocol to be reallocated to the small claims track simply because only hire charges remained in dispute. The claim should properly have been dealt with at a Stage 3 hearing.’

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Zenith PI Blog, 25th April 2016

Source: www.zenithpi.wordpress.com

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Supreme Court: ‘land bank’ was unauthorised collective investment scheme – OUT-LAW.com

Posted April 25th, 2016 in appeals, banking, financial services ombudsman, news, Supreme Court by sally

‘A ‘land bank’ arrangement which sold small plots of land to investors at “hugely inflated prices” was an unauthorised collective investment scheme (CIS) which ought to have been regulated by the Financial Conduct Authority (FCA), the UK’s highest court has confirmed.’

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OUT-LAW.com, 25th April 2016

Source: www.out-law.com

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