High Court finds Tier 1 Entrepreneur landline requirement irrational – Free Movement

Posted March 23rd, 2015 in contracts, documents, immigration, news, visas by sally

‘The High Court has found part of the Tier 1 Entrepreneur rules to be irrational in the case of R (on the application of Sabir & Ors) & Anor v The Secretary of State for the Home Department [2015] EWHC 264 (Admin). Despite succeeding on part of the challenge, though, the case ultimately failed because there were other parts of the rules that the claimant has also been refused under and which the claimant failed to convince the judge were unlawful.’

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Free Movement, 23rd March 2015

Source: www.freemovement.org.uk

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Supreme court to rule on Prince Charles letters – The Guardian

‘The supreme court’s judgment on whether the government unlawfully blocked the publication of a series of secret letters written by Prince Charles is due to be made public on Thursday next week, court officials have announced.

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The Guardian, 20th March 2015

Source: www.guardian.co.uk

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Court bundle sizes in care proceedings must be controlled – Park Square Barristers

Posted March 19th, 2015 in documents, family courts, news, practice directions by sally

‘In the recent case of Re L (A Child) [2015] EWFC 1, the president of the Family Division, Sir James Munby, reminded practitioners of the importance of following Practice Direction 27A when preparing court bundles in care proceedings, and keeping their size under control. ‘

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Park Square Barristers, 12th March 2015

Source: www.parksquarebarristers.co.uk

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Sir James Munby, President of the Family Division, Practice Direction 27a and ‘the Delinquents’ – The World of Family Law (Garden Court Chambers)

Posted March 19th, 2015 in documents, family courts, news, practice directions by sally

‘All Family practitioners should now be familiar with the case of, In the matter of L (A Child) 2015 EWFC 15 (26 February 2015) FPR 2010. In summary this is about Practice Direction 27a – Family Proceedings: Court Bundles (universal practice to be applied in the High Court and Family Court). It provides guidance on court bundles that should be provided to a court for a hearing.’

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The World of Family Law (Garden Court Chambers), 18th March 2015

Source: www.gcfamily.wordpress.com

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Disclosure – pulling your head out of the sand – Cloisters

Posted March 17th, 2015 in civil procedure rules, disclosure, documents, employment tribunals, news by sally

‘In this article Cloisters’ barrister Paul Epstein QC comments on what disclosure actually means and what the obligations are in the Employment Tribunal. He discusses the different types of disclosure, the new CPR test and what parties need to do.’

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Cloisters, 10th February 2015

Source: www.cloisters.com

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Important judgment on liquidators’ ability to obtain documents – RPC Commercial Disputes Blog

Posted March 13th, 2015 in disclosure, documents, Hong Kong, liquidators, news, winding up by sally

‘In an important judgment handed down recently by the Court of First Instance in Hong Kong, the companies judge has ruled on the ambit of the power to order a person to produce documents to a provisional liquidator pursuant to section 221(3) of the Companies (Winding-Up and Miscellaneous Provisions) Ordinance.(1) For now and pending any appeal, the judgment confirms that the scope of documents “relating to the company” that have to be produced to a liquidator (pursuant to section 221(3) of the Ordinance) is narrower than the matters in respect of which a person can be examined on oath concerning the “affairs of the company” (sections 221(1) and (2)). In so doing, the judgment gives a more literal interpretation of the power to order production pursuant to section 221(3) without reference to section 221(1).’

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RPC Commercial Disputes Blog,

Source: www.rpc.co.uk

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Cyril Smith abuse allegations: Cabinet Office denies cover-up – The Guardian

‘Documents released to Mail on Sunday reveal Margaret Thatcher knew of child abuse allegations against Rochdale MP before he was given knighthood.’

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The Guardian, 8th March 2015

Source: www.guardian.co.uk

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Integral Petroleum SA v SCU-Finanz AG – WLR Daily

Posted March 6th, 2015 in company law, conflict of laws, contracts, documents, EC law, law reports by sally

Integral Petroleum SA v SCU-Finanz AG [2015] EWCA Civ 144; [2015] WLR (D) 97

‘Where a contract had been signed by only one of a company’s two joint signatories, the question of whether the company was bound by the contract was properly characterised as a question of the company’s capacity, to be governed by the law of the company’s constitution, rather than a question of the formal validity of the contract, to be governed by the law which governed the contract, pursuant to article 11 of Parliament and Council Regulation (EC) No 593/2008.’

WLR Daily, 26th February 2015

Source: www.iclr.co.uk

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Selling to government – changes that will make things easier – Technology Law Update

Posted March 2nd, 2015 in contracts, documents, news, public procurement, time limits by sally

‘Do you provide services to public sector bodies? Do you want to? Whether your customer or target is part of government, or an independent publicly-funded institution such as a hospital or university, you should be aware of the Public Contracts Regulations 2015. These changes, the majority of which came into force this week, offer greater flexibility in public authority purchasing and increased visibility and supplier access.’

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Technology Law Update, 27th February 2015

Source: www.technology-law-blog.com

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New public procurement rules bans use of PQQs for small value contracts – OUT-LAW.com

Posted February 23rd, 2015 in documents, news, public procurement by sally

‘Public bodies can put “relevant” and “proportionate” questions to businesses looking to win low value goods or service contracts at an early stage of procurement without breaching new public procurement rules set to come into force later this month, the UK government has said.’

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OUT-LAW.com, 20th February 2015

Source: www.out-law.com

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In re Law Society – WLR Daily

Posted February 18th, 2015 in data protection, documents, human rights, law reports, Law Society, privacy, solicitors by sally

In re Law Society [2015] EWHC 166 (Ch); [2015] WLR (D) 60

‘The Law Society had power under paragraph 16 of Part II of Schedule 1 to the Solicitors Act 1974 to destroy old and redundant documents seized in connection with interventions.’

WLR Daily, 9th February 2015

Source: www.iclr.co.uk

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Intervention papers may be destroyed, court rules – Law Society’s Gazette

Posted February 11th, 2015 in archives, documents, Law Society, news, solicitors, Solicitors Regulation Authority by sally

‘The Law Society can destroy 1.5 million files seized from Solicitors Regulation Authority interventions in solicitors’ practices, the High Court has ruled.’

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Law Society’s Gazette, 10th February 2014

Source: www.lawgazette.co.uk

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High Court grants SRA power to destroy millions of documents held after interventions – Legal Futures

Posted February 10th, 2015 in costs, documents, law firms, news, Solicitors Regulation Authority by sally

‘The High Court has backed an application by the Solicitors Regulation Authority (SRA) to destroy millions of documents seized from firms it has intervened in and had to store since, at significant cost to the profession.’

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Legal Futures, 10th February 2015

Source: www.legalfutures.co.uk

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Outcry as CPS drops trial of anti-drone protesters at last minute – The Independent

‘The prosecution of arms-trade protesters who occupied a British drone engines manufacturer has been dropped at the last minute, after the company refused to hand over evidence about its exports of weaponry to Israel, The Independent can reveal.’

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The Independent, 30th January 2015

Source: www.independent.co.uk

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Presumed guilty? Ministry of Justice is forced to withdraw advice leaflet – The Guardian

‘Red-faced Ministry of Justice (MoJ) officials have been forced to deny claims that they had dismantled a centuries-old cornerstone of British law in advice that the ministry gave to people facing criminal trials.’

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The Guardian, 1st February 2015

Source: www.guardian.co.uk

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Catch-33: Stringent documentary requirements upheld for legal aid in domestic violence cases – UK Human Rights Blog

Posted January 29th, 2015 in documents, domestic violence, evidence, news, regulations by sally

‘The campaign group Rights of Women has been unsuccessful in its judicial review of Regulation 33 of the Civil Legal Aid (Procedure) Regulations 2012 (as amended) which sets out the list of documents which will be accepted as evidence that a legal aid applicant has suffered or is at risk of suffering domestic violence. The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) purports to retain legal aid for victims of domestic violence. However, such funding is only available where at least one of the documents listed in Regulation 33 is submitted to the Legal Aid Agency.’

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UK Human Rights Blog, 28th January 2015

Source: www.ukhumanrightsblog.com

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Premature service of Claim Form – avoiding disaster – Zenith PI Blog

Posted January 27th, 2015 in appeals, case management, civil procedure rules, documents, news, service by sally

‘A problem frequently arises when, for one reason or another – most frequently the late arrival of the client in a solicitor’s office – the limitation period is nearly up, but one has not got the medical report or one has not got the materials needed for the drafting of the Particulars of Claim or indeed has grave doubts about whether the claim is viable, but plainly proceedings need to be commenced notwithstanding. In those circumstances, it is recognised as the best practice, following CPR 6.4(1)(b), to issue a claim form but to notify the court that the Claimant wishes to serve the Claim Form. If one does not do that, the court will serve the Claim Form automatically, whereas if you undertake to serve it yourself, you will have up to four months within which to serve the Claim Form. During that time, one can ensure that what needs to be done in order to present a coherent and correctly presented claim can be done.’

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Zenith PI Blog, 26th January 2015

Source: www.zenithpi.wordpress.com

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Applications to allow service of Claim Form by alternative method/place – Explain your “Good Reason” – Zenith PI Blog

Posted January 27th, 2015 in appeals, civil procedure rules, claims management, documents, news, service by sally

‘The principles to apply when considering whether to allow an application under 6.15 (service of the CF by alternative method or at an alternative place). The evidence in support must explain the failure to serve.’

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Zenith PI Blog, 26th January 2015

Source: www.zenithpi.wordpress.com

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Call for Chilcot to release Iraq documents ‘immediately’ – The Guardian

Posted January 26th, 2015 in disclosure, documents, inquiries, Iraq, news, war by sally

‘Senior politicians have called for the immediate publication of all documents cleared for release by the Iraq war inquiry.’

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The Guardian, 24th January 2015

Source: www.guardian.co.uk

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Rejection of visit visa to attend funeral: analysis – Free Movement

‘In the news today we can see that an Entry Clearance Officer has rejected an application for a visit visa for two grandparents who wish to travel to the UK to attend the funeral of their 5 year old grandchild, tragically killed in a car accident before Christmas. The family is devastated, obviously. The issue was raised at Prime Minister’s Questions by the local MP and a review was promised. The Immigration Minister, James Broken-shire, has very swiftly conducted the review and the refusal has been maintained. He says his decision has been taken “on the full facts of the case”.’

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Free Movement, 20th January 2015

Source: www.freemovement.org.uk

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