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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Joint enterprise law wrongly interpreted for 30 years, court rules – The Guardian

Posted February 18th, 2016 in appeals, evidence, interpretation, joint enterprise, judgments, news, Supreme Court by sally

‘A key test imposed by judges in assessing guilt in so-called joint enterprise killings has been wrongly interpreted for the past 30 years, the supreme court has ruled.’

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The Guardian, 18th February 2016

Source: www.guardian.co.uk

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Part III and the Maintenance Regulation: Clash of the Titans – Family Law Week

Posted January 29th, 2016 in divorce, EC law, financial provision, judgments, jurisdiction, news by tracey

‘Charles Hale QC and Henry Clayton, both of 4 Paper Buildings, outline the debate which the Court of Appeal declined to resolve in the recent case of Ramadani v Ramadani [2015] EWCA Civ 1138.’

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Family Law Week, 24th January 2016

Source: www.familylawweek.co.uk

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Section 20 Children Act 1989: Consent, Not Coercion – Issue or be Damned – Family Law Week

‘Jacqui Gilliatt, barrister, and Amy Slingo, pupil, both of Four Brick Court, set out lessons to be learned from the recent judgments concerning section 20.’

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Family Law Week, 24th November 2015

Source: www.familylawweek.co.uk

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Even a Single Page Missing … – Zenith PI Blog

Posted November 16th, 2015 in case management, copyright, evidence, judgments, news by sally

‘A ruthless and salient reminder in procedure – make sure every page is in the bundle before the trial!’

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Zenith PI Blog, 13th November 2015

Source: www.zenithpi.wordpress.com

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Radicalisation: a proportionate response – Family Law Week

‘Sarah Williams, Legal Team Leader, Social Care Team, at London Borough of Tower Hamlets, considers the high-profile cases recently heard in the Family Division of the High Court where children or families have been considered at risk of radicalisation and, in some cases, travelling to Syria or Iraq, together with the judicial responses to those cases.’

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Family Law Week, 28th October 2015

Source: www.familylawweek.co.uk

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Some Guidance on Interpretation of the Effect of the Enterprise Act – Zenith PI Blog

Posted October 6th, 2015 in employment, health & safety, judgments, news, personal injuries, regulations by sally

‘Personal injury specialists have long awaited clear guidance on how the changes effected by Section 69 of the Enterprise and Regulatory Reform Act 2013 will be interpreted by the courts.’

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Zenith PI Blog, 2nd October 2015

Source: www.zenithpi.wordpress.com

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Bridge court case: No date given for ruling – BBC News

Posted September 24th, 2015 in judgments, news, sport by tracey

‘Judgement has been reserved in a challenge against funding body Sport England’s refusal to recognise the card game bridge as a sport. Mr Justice Dove gave no indication when he would give his ruling at the end of the High Court hearing.’

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BBC News, 23rd September 2015

Source: www.bbc.co.uk

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Court refuses bid to reconsider ruling because of missing page in bundle – Litigation Futures

Posted September 18th, 2015 in civil procedure rules, copyright, damages, evidence, judgments, news by tracey

‘A party that accidentally omitted an important page from its trial bundle has failed in its attempt to persuade the judge to reconsider his ruling. The claimant in Absolute Lofts as West London Ltd v Artisan Home Improvements Ltd & Anor (No2) [2015] EWHC 2632 (IPEC) made the application the day after His Honour Judge Hacon handed down his decision.’

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Litigation Futures, 18th September 2015

Source: www.litigationfutures.com

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Law books aren’t dull – they’re crammed with jaw-dropping tales – The Guardian

Posted August 21st, 2015 in judges, judgments, legal education, news, trials by sally

‘Studying law doesn’t mean burying your nose in huge dusty tomes. Case law shows how theory applies directly to real life.’
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The Guardian, 21st August 2015

Source: www.guardian.co.uk

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Duties and liabilities of trustees: Lessons from recent cases – New Square Chambers

Posted July 28th, 2015 in appeals, judgments, news, trusts by sally

‘There have been a number of recent cases which provide useful guidance in considering the scope of trustees’ duties when faced with decisions as to whether or not to sell or retain land, or to incur expenditure on repairs, or to take legal action.’
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New Square Chambers, 26th May 2015

Source: www.newsquarechambers.co.uk

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Requesting a court revisit its judgment – Law Society’s Gazette

Posted July 27th, 2015 in amendments, judgments, legal representation, news, time limits by sally

‘The recent case of Heron Bros Ltd v Central Bedfordshire Council (No 2) [2015] EWHC 1009 (TCC) considered the extent to which a court may exercise its discretion and revisit its judgment in the light of a new point.’

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Law Society’s Gazette, 27th July 2015

Source: www.lawgazette.co.uk

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Takhar v Gracefield Developments Ltd – WLR Daily

Posted May 21st, 2015 in evidence, fraud, judgments, law reports, setting aside by sally

Takhar v Gracefield Developments Ltd [2015] EWHC 1276 (Ch); [2015] WLR (D) 206

‘A judgment could be set aside for fraud even if the new evidence could reasonably have been obtained for the original trial.’

WLR Daily, 6th May 2015

Source: www.iclr.co.uk

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From ‘pillar to post’ – Nearly Legal

‘In a judgment of undisguised anger, Cobb J described the conduct of LB Tower Hamlets and LB Havering as “shameful” in the way in which they treated AM and his family. I haven’t come across Cobb J before but his judgment in AM v Tower Hamlets LBC and Havering LBC [2015] EWHC 1004 (Admin) is just about as good a judgment as I’ve read in a long time. The question was which authority should have “picked up” AM and his household, with children who were almost certainly in need under s.17, Children Act 1989.’

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Nearly Legal, 17th April 2015

Source: www.nearlylegal.co.uk

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‘Judge not, that ye be not judged’ : judging judicial decision-making – Lecture by Lord Neuberger

Posted February 6th, 2015 in bias, judgments, judiciary, news, reasons by sally

‘Judge not, that ye be not judged’: judging judicial decision-making (PDF)

Lecture by Lord Neuberger

F A Mann Lecture 2015

Source: www.supremecourt.uk

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“No proper justification” for challenge based on draft judgment – Litigation Futures

Posted January 14th, 2015 in accountants, causation, judgments, negligence, news, taxation by tracey

‘There was “no proper justification” for a claimant seeking to reopen an issue based on the circulation of a draft judgment, the High Court has ruled.’

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Litigation Futures, 13th January 2015

Source: www.litigationfutures.com

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Supreme Court justices debate decline in dissenting judgments – Litigation Futures

Posted December 19th, 2014 in judgments, judiciary, news, Supreme Court by sally

‘Better teamwork, smaller panels and less controversial cases have all been put forward by a seminar attended by Supreme Court justices and other senior judges as reasons for a decline in dissenting judgments at the court.’

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Litigation Futures, 19th December 2014

Source: www.litigationfutures.com

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ECHR cases won by UK government show flexibility of human rights system – The Guardian

‘Strasbourg human rights court is ready to admit it gets things wrong when presented with good arguments.’

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The Guardian, 17th December 2014

Source: www.guardian.co.uk

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Judge uses Shakespeare’s ‘King Lear’ to decide divorce settlement figure – The Independent

Posted December 18th, 2014 in divorce, financial provision, judgments, news by sally

‘A High Court judge who was attempting to decide the settlement figure in a divorce case admitted he turned to the works of William Shakespeare for help.’

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The Independent, 17th December 2014

Source: www.independent.co.uk

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Merris Amos: The UK and the European Court of Human Rights – UK Constitutional Law Association

Posted November 25th, 2014 in constitutional law, courts, human rights, judgments, news by sally

‘Now that the furore of the Scottish independence referendum has passed, the attention of politicians and media has once again turned to the dangers of the European Court of Human Rights (ECtHR). In his speech to the Conservative Party Conference in late September, Prime Minister David Cameron stated that the ECtHR needed “sorting out”. Three examples of its judgments were used to support this point: the prisoner voting litigation; the limits on deporting suspected terrorists, including Abu Qatada; and the extension of the HRA to the “battle-fields of Helmand”, an issue which the ECtHR has not directly adjudicated upon although it has given judgments concerning events in Iraq. Shortly after, the Conservative Party released its proposals for changing Britain’s human rights laws. Central to this is altering the relationship between the UK and the ECtHR so that its judgments are no longer binding over the UK Supreme Court and that it is no longer able to order a change in UK law. As any law student will know, this would be a waste of time as neither is currently possible in our dualist legal system. The judgments of the ECtHR are only binding in international law. To support these proposals, five examples of ECtHR judgments are given: prisoner voting; artificial insemination rights for some prisoners; limits on the deportation of foreign nationals who have committed crimes; and limits on the deportation of foreign nationals generally. The fifth example is the recent judgment on whole life tariffs which was misleadingly and erroneously portrayed as a decision that murderers cannot be sentenced to life imprisonment. It is clear that the Conservative Party is not expecting to receive votes from prisoners (who have no vote anyway), foreign nationals or members of the armed forces who also enjoy the protection of human rights law on the “battle-fields of Helmand”.’

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UK Constitutional Law Association, 24th November 2014

Source: www.ukconstitutionallaw.org

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