Magic beans for that cow? – Zenith Chambers

Posted November 17th, 2014 in appeals, equity, housing, landlord & tenant, leases, mortgages, news, rent, Supreme Court by sally

‘The North East Property Buyers litigation test cases finally reached the Supreme Court and judgment was handed down on 22nd October 2014. Any practitioner in property and housing litigation in the North East, and indeed further afield, will have had some knowledge of, or dealings with, schemes such as were in these cases examined. They concerned sale and lease back agreements, a simple enough notion, involving the purchase of a vendor’s home by a nominee, often at an undervalue, in return granting the vendor a lease of the property, thereby releasing equity to the vendor and allowing them to remain in the property at a reduced rent.’

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Zenith Chambers, 24th October 2014

Source: www.zenithchambers.co.uk

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Keyword confusion – Interflora v Marks & Spencer sent for retrial – Technology Law Update

Posted November 17th, 2014 in advertising, appeals, injunctions, internet, news, statistics, trade marks by sally

‘Online retailing is growing fast. Research suggests that it makes up over 12% of UK retail sales, with the US and Germany close behind. Many of the advertising and promotional techniques used in e-commerce are necessarily different from those deployed in more traditional sales methods. One of the techniques currently popular is the use of keyword advertising such as Google’s AdWords.’

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Technology Law Update, 12th November 2014

Source: www.technology-law-blog.co.uk

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Laughton v Shalaby – “Similar Fact Evidence” in Civil Cases – Admissibility of Evidence of Incompetence in Other Cases in a Clinical Negligence Claim – Zenith PI Blog

‘In Laughton v Shalaby [2014] EWCA Civ 1450, the claimant appealed a decision that the defendant surgeon had not acted negligently in the course of carrying out a hip operation.’

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Zenith PI Blog, 17th November 2014

Source: www.zenithpi.wordpress.com

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Holiday pay – life after the EAT judgment – Halsbury’s Law Exchange

‘Last week, amid much media excitement, the Employment Appeal Tribunal handed down its judgment in the conjoined cases of Bear Scotland v Fulton, Amec v Law & Hertel v Woods. All three cases were appealing against the decisions of employment tribunals who determined that the calculating “normal remuneration” for holiday pay purposes should include overtime even if the overtime is not guaranteed.’

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Halsbury’s Law Exchange, 14th November 2014

Source: www.halsburyslawexchange.co.uk

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Daily Mail faces £3m bill after libel battle with businessman Andy Miller – The Guardian

Posted November 17th, 2014 in appeals, costs, damages, defamation, media, news, police, Supreme Court by sally

‘The Daily Mail faces a potential legal bill that could be as high as £3m, believed to be among the highest since controversial no-win, no-fee agreements were introduced, after libelling a businessman.’

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The Guardian, 14th November 2014

Source: www.guardian.co.uk

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Government may weigh rights against national security without courts’ interference – UK Human Rights Blog

‘R (on the application of Lord Carlile of Berriew QC and others) (Appellants) v Secretary of State for the Home Department (Respondent) [2014] UKSC 60. The exclusion of a dissident Iranian from the UK, on grounds that her presence would have a damaging impact on our interests in relation to Iran, has been upheld by the Supreme Court.’

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Uk Human Rights Blog, 12th November 2014

Source: www.ukhumanrightsblog.com

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“Extraneous factors” not relevant in deciding whether surgeon guilty of negligence – Litigation Futures

Posted November 14th, 2014 in appeals, assault, doctors, evidence, negligence, news by tracey

‘“Extraneous factors”, including an assault on a bus driver, are not relevant in deciding whether a surgeon had acted negligently while carrying out a hip operation, appeal judges have ruled.’

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Litigation Futures, 14th November 2014

Source: www.litigationfutures.com

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Regina (Lord Carlile of Berriew and others) v Secretary of State for the Home Department – WLR Daily

Regina (Lord Carlile of Berriew and others) v Secretary of State for the Home Department: [2014] UKSC 60; [2014] WLR (D) 479

‘The Home Secretary’s decision to maintain an order excluding the entry into the United Kingdom of a dissident Iranian politician, invited by members of the Houses of Parliament to meet them in London to discuss human rights and democratic issues in Iran, was not a disproportionate interference with their right to freedom of expression under article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms: the Home Secretary was entitled to accept the recommendation of the Foreign Secretary that to permit such entry would risk jeopardising the United Kingdom’s diplomatic and economic interests and might provoke a violent reaction in Iran resulting in damage to British property and endangering the safety of British and local personnel.’

WLR Daily, 12th November 2014

Source: www.iclr.co.uk

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R (Jakimaviciute) v Hammersmith and Fulham London Borough Council – WLR Daily

Posted November 13th, 2014 in appeals, homelessness, housing, law reports, local government by tracey

R (Jakimaviciute) v Hammersmith and Fulham London Borough Council: [2014] EWCA Civ 1438; [2014] WLR (D) 478

‘The power of a local housing authority under section 160ZA(7) of the Housing Act 1996 to set the qualification criteria for registration on a housing allocation scheme under that Act was subject to the authority’s duty under section 166A(3) of the 1996 Act to secure that reasonable preference was given to specified classes of people, including those who were owed a housing duty under section 193(2) of that Act.’

WLR Daily, 6th November 2014

Source: www.iclr.co.uk

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Court of Appeal holds as unlawful part of allocation scheme adopted by council – Local Government Lawyer

Posted November 12th, 2014 in appeals, homelessness, local government, news by tracey

‘Part of an allocation scheme adopted by a London council was unlawful, the Court of Appeal has ruled. In Jakimaviciute, R (On the Application Of) v Hammersmith And Fulham London Borough Council [2014] EWCA Civ 1438 the claimant challenged the legality of Hammersmith & Fulham’s scheme, which was adopted with effect from April 2013.’

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Local Government Lawyer, 11th November 2014

Source: www.localgovernment lawyer.co.uk

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Disabled man forced off bus by refusal to move pram sparks equality test case – The Guardian

‘A woman’s refusal to move a pushchair with a sleeping baby from a bay on a bus used by wheelchair passengers – causing a disabled man to have to leave the vehicle – is at the centre of a test-case legal battle in the court of appeal.’

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The Guardian, 11th November 2014

Source: www.guardian.co.uk

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Tribunal must give disputing parties chance to query legal approach neither party advocates, says High Court – OUT-LAW.com

Posted November 11th, 2014 in appeals, arbitration, charterparties, news, tribunals by tracey

‘A Tribunal tasked with resolving a dispute that goes to arbitration should not decide the outcome of the case by adopting a legal approach neither of the parties to the dispute has put forward without allowing the parties to query that approach, the High Court has ruled.’

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OUT-LAW.com, 10th November 2014

Source: www.out-law.com

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Interflora Inc and another v Marks and Spencer plc (No 5) – WLR Daily

Posted November 11th, 2014 in advertising, appeals, burden of proof, internet, law reports, trade marks by tracey

Interflora Inc and another v Marks and Spencer plc (No 5): [2014] EWCA Civ 1403; [2014] WLR (D) 473

‘On a claim for infringement of a trade mark under article 5(1)(a) of Council Directive 89/104/EEC through keyword advertising the onus of proof lay on the trade mark proprietor to establish that the advertisement complained of did not enable normally informed and reasonably attentive Internet users, or enabled them only with difficulty, to ascertain whether the goods or services referred to by the advertisement originated from the trade mark proprietor or an undertaking economically connected to it or, on the contrary, originated from a third party.’

WLR Daily, 5th November 2014

Source: www.iclr.co.uk

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‘Fake sheikh’ fails in bid to stop Panorama revealing appearance

Posted November 11th, 2014 in appeals, BBC, injunctions, media, news, privacy by michael

‘The “fake sheikh” journalist Mazher Mahmood has failed in an appeal to the high court to prevent BBC1’s Panorama from revealing his appearance.’

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The Guardian, 10th November 2014

Source: www.guardian.co.uk

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Relief From Sanction – Without A Formal Application – Zenith PI Blog

Posted November 10th, 2014 in appeals, disclosure, news, repossession, time limits by sally

‘In Cutler v Barnet LBC (QBD 21/10/14) Supperstone J held that a judge had erred in not considering a defendant’s oral application for relief from sanction. The court had a discretion to consider such an application even where a formal application under Part 23 had NOT been made.’

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Zenith PI Blog, 10th November 2014

Source: www.zenithpi.wordpress.com

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A return of sanity: Allocation and reasonable preference – NearlyLegal

Posted November 7th, 2014 in appeals, housing, judicial review, local government, news, statutory duty by tracey

‘Jakimaviciute, R (On the Application Of) v Hammersmith And Fulham London Borough Council [2014] EWCA Civ 1438. Eligibility for allocation list, reasonable preference and homelessness. After a run of Court of Appeal housing decisions that might be mildly described as disappointing, it is good to see one that is definitely right, albeit apparently reluctantly given.’

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NearlyLegal, 6th November 2014

Source: www.nearlylegal.co.uk/blog/

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Max Clifford loses appeal to cut assaults sentence – BBC News

Posted November 7th, 2014 in appeals, news, sentencing, sexual offences by tracey

‘Former celebrity publicist Max Clifford has had an appeal against his eight-year sentence for sex offences rejected by the Court of Appeal.’

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BBC News, 7th November 2014

Source: www.bbc.co.uk

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Deportation of Lebanese man with Down’s ‘inhumane’ – Vince Cable – The Guardian

Posted November 7th, 2014 in appeals, deportation, human rights, immigration, learning difficulties, news by tracey

‘The proposed deportation of a Lebanese man with Down’s syndrome has been branded “fundamentally inhumane” by the business secretary, Vince Cable. Wadih Chourey, 44, has lived in Twickenham, south-west London, for the past 17 years after seeking refuge from abuse in Beirut. But both his parents have since died and his brother Camil, 52, said he would be unable to care for himself in Lebanon.’

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The Guardian, 6th November 2014

Source: www.guardian.co.uk

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Children Public Law Update – Family Law Week

Posted November 6th, 2014 in adoption, appeals, news, placement orders, reporting restrictions by sally

‘John Tughan, barrister, of 4 Paper Buildings reviews recent important judgments in public law children cases.’

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Family Law Week, 5th November 2014

Source: www.familylawweek.co.uk

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‘You Can’t Always Get What You Want’ – The Defence of ‘Reasonable Practicability’ in a Claim for Breach of the Workplace Regulations – Zenith PI Blog

‘Whilst the caselaw suggests that a defence of ‘reasonable practicability’ in an employers liability claim will often be difficult for a Defendant to make out, a recent High Court decision is a reminder that such a defence can succeed in appropriate circumstances.’

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Zenith PI Blog, 6th November 2014

Source: www.zenithpi.wordpress.com

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