Aspect Contracts (Asbestos) Ltd v Higgins Construction plc – WLR Daily

Aspect Contracts (Asbestos) Ltd v Higgins Construction plc: [2015] UKSC 38; [2015] WLR (D) 261

‘An unsuccessful party in a construction contract adjudication was entitled to be repaid any money paid pursuant to the adjudication if the underlying dispute was finally determined in his favour, and the cause of action for the recovery of such money accrued on the date on which the money was paid. However, the cause of action of a party who wished to bring proceedings for more than the amount which he had been awarded under an adjudication accrued on the date of the relevant breach of contract or duty.’

WLR Daily, 17th June 2015

Source: www.iclr.co.uk

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Ronayne v Liverpool Women’s Hospital NHS Foundation Trust – WLR Daily

Ronayne v Liverpool Women’s Hospital NHS Foundation Trust: [2015] EWCA Civ 588; [2015] WLR (D) 263

‘Where a claimant alleged that he suffered psychiatric injury as a secondary party caused by observing in a hospital setting the consequences of clinical negligence, the court was to take into account the fact that a visitor to a hospital would expect to see patients connected to machines and drips and things they would not like to see, was necessarily to a certain degree conditioned as to what to expect and was likely to be warned by medical staff of an impending encounter likely to prove more than ordinarily distressing. Whether an event was “horrifying” for the purposes of such a claim was to be judged by objective standards and by reference to ordinary susceptibility.’

WLR Daily, 17th June 0215

Source: www.iclr.co.uk

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Horton v Henry; pensions, bankruptcy and divorce – Family Law Week

‘Pranjal Shrotri, barrister, 36 Bedford Row identifies the importance of the forthcoming judgment of the Court of Appeal in Horton v Henry.’

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Family Law Week, 22nd June 2015

Source: www.familylawweek.co.uk

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Chagos islanders go to supreme court in battle to be allowed home – The Guardian

‘Former residents of the Chagos Islands who were forcibly removed from their homeland more than 40 years ago will take their long legal battle to the UK’s highest court on Monday.’

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The Guardian, 22nd June 2015

Source: www.guardian.co.uk

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Court of Appeal dismissed local resident’s objections to the Shell redevelopment – OUT-LAW.com

Posted June 19th, 2015 in appeals, bias, news, planning by tracey

‘The UK Court of Appeal has dismissed a legal challenge against the redevelopment of the 1950s 27-storey Shell Tower in London made by a local resident, George Turner.’

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OUT-LAW.com, 18th June 2015

Source: www.out-law.com

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Defendants should be allowed to waive their right to trial by jury – The Guardian

Posted June 19th, 2015 in appeals, criminal justice, juries, news, trials by tracey

‘The UK criminal justice system needs to do more with less. Sir Brian Leveson’s recommendations would introduce some sensible flexibility to it.’

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The Guardian, 18th June 2015

Source: www.guardian.co.uk

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Good news and bad for challenges to ETS fraud decisions – Free Movement

Posted June 18th, 2015 in appeals, fraud, immigration, news, tribunals, visas by sally

‘The Upper Tribunal has given judgment in a test case on ETS appeals and judicial reviews: R (on the application of Gazi) v Secretary of State for the Home Department (ETS – judicial review) IJR [2015] UKUT 327 (IAC). It is essential reading for anyone directly affected by the ongoing ETS saga and for their legal representatives.’

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Free Movement, 18th June 2015

Source: www.freemovement.org.uk

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Court of Appeal comments on deprivation of liberty and being party to proceedings – Local Government Lawyer

‘The Court of Appeal has held that it did not have jurisdiction to determine appeals against the President of the Court of Protection’s Re X rulings in which he sought to streamline procedures for dealing with certain types of deprivation of liberty cases.’

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Local Government Lawyer, 16th June 2015

Source: www.localgovernmentlawyer.co.uk

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Appeal ruling backs representation in deprivation of liberty cases – Law Society’s Gazette

Posted June 17th, 2015 in appeals, Court of Protection, disabled persons, mental health, news by sally

‘In an unusual judgment, the Court of Appeal has ruled that streamlined procedures introduced by the Court of Protection must not prevent people who lack capacity from participating in or having legal representation at hearings affecting their liberty.’

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Law Society’s Gazette, 16th June 2015

Source: www.lawgazette.co.uk

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King v The Chiltern Dog Rescue and another – WLR Daily

Posted June 16th, 2015 in appeals, law reports, wills by sally

King v The Chiltern Dog Rescue and another [2015] EWCA Civ 581; [2015] WLR (D) 245

‘The words and acts of a deceased concerning the transfer of her property at a time when she was not contemplating her impending death did not give rise to a donatio mortis causa.’

WLR Daily, 9th June 2015

Source: www.iclr.co.uk

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English judge: persistent environmental offenders should expect ‘substantial’ fines – OUT-LAW.com

‘Companies that persistently breach environmental regulations should expect a “substantial increase” in fines levied for their second and subsequent offences, judges in the Court of Appeal have warned.’

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OUT-LAW.com, 12th June 2015

Source: www.out-law.com

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The Supreme Court interprets fixed service charges – 36 Bedford Row Property Blog

Posted June 16th, 2015 in appeals, covenants, leases, news, service charges, Supreme Court by sally

‘The Supreme Court has handed down judgment in Arnold v. Britton & Ors. [2015] U. K. S. C. 36, concerning the construction of service charge clauses for holiday chalets in Oxwich Bay, South Wales (pictured). In so doing, it has taken the opportunity to reiterate and re-emphasise some fundamental principles of contractual interpretation.’

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36 Bedford Row Property Blog, 11th June 2015

Source: www.36property.co.uk

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Appeal court surprised by solicitors’ partnership agreed “in the pub” – Legal Futures

Posted June 16th, 2015 in appeals, contracts, law firms, news, partnerships, solicitors by sally

‘The Court of Appeal has upheld a High Court decision against one solicitor in favour of her former partner, after expressing surprise that the pair had no more than a verbal agreement made in the pub over a drink.’

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Legal Futures, 12th June 2015

Source: www.legalfutures.co.uk

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Muslim nursery worker loses appeal to wear jilbab gown at work because it is a ‘tripping hazard’ – The Independent

‘A nursery worker has lost her appeal to wear a head-to-toe Islamic jilbab dress to work, after a judge upheld a previous ruling that it was a “tripping hazard”.’

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The Independent, 13th June 2015

Source: www.independent.co.uk

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Appeal court jails Kelly Richards for sex with schoolboy – BBC News

Posted June 15th, 2015 in appeals, child abuse, news, sentencing, sexual offences by sally

‘A mother spared prison for having sex with a schoolboy has been given a two-and-a-half year jail term after judges overruled her original punishment.’

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BBC News, 12th June 2015

Source: www.bbc.co.uk

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Fast-track asylum system ‘unlawful’, High Court rules – BBC News

Posted June 15th, 2015 in appeals, asylum, deportation, detention, immigration, news, ultra vires by sally

‘The future of a key part of the government’s system to remove failed asylum seekers is in doubt after the High Court ruled it was unlawful.’

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BBC News, 12th June 2015

Source: www.bbc.co.uk

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Mother jailed for sheltering nursery school teacher’s murderer – Daily Telegraph

‘Fiona Cullum sobs in the courtroom as her suspended sentence for perverting the course of justice is declared ‘unduly lenient’.’

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Daily Telegraph, 11th June 2015

Source: www.telegraph.co.uk

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Naked Rambler makes history with nude court appearance – The Guardian

Posted June 11th, 2015 in appeals, ASBOs, freedom of expression, human rights, news, public order by sally

‘The man known as the Naked Rambler has made legal history by appearing before leading judges in the nude.’

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The Guardian, 9th June 2015

Source: www.guardian.co.uk

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Surge in number of prisoners killing themselves in solitary confinement revealed by report – The Independent

‘The number of prisoners who take their own lives in solitary confinement has reached a nine-year high with the death toll including a man who hanged himself after officers refused to give him a book, a report has disclosed today.’

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The Independent, 9th June 2015

Source: www.independent.co.uk

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Animal charities in legal victory against family of elderly donor to get £350k house she ‘left to carer nephew’ – Daily Telegraph

Posted June 10th, 2015 in animals, appeals, charities, documents, news, wills by sally

‘Chiltern Dog Rescue and Redwings Horse Sanctuary win appeal against ruling that man who cared for elderly aunt before she died entitled to home.’

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Daily Telegraph, 9th June 2015

Source: www.telegraph.co.uk

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