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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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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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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Battle over success fees in privacy cases heads for Supreme Court – Litigation Futures

Posted April 21st, 2016 in appeals, fees, human rights, news, privacy, Supreme Court by tracey

‘The question of whether recoverable success fees in privacy cases are incompatible with publishers’ rights to freedom of expression is set to go before the Supreme Court, following a High Court ruling.’

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Litigation Futures, 21st April 2016

Source: www.litigationfutures.com

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FCA wins landbanking case, but investors still likely to lose out – The Guardian

Posted April 21st, 2016 in appeals, financial regulation, news, planning, sale of land, Supreme Court by tracey

‘Asset Land’s appeal rejected by the supreme court but the City regulator says investors “are likely only to get a fraction of their money back”.’

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The Guardian, 20th April 2016

Source: www.guardian.co.uk

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MoJ plan for legal aid residence test thrown out by supreme court – The Guardian

Posted April 19th, 2016 in appeals, legal aid, Ministry of Justice, news, Supreme Court by sally

‘Government attempts to introduce a discriminatory residence test for anyone claiming legal aid have been summarily thrown out in a unanimous supreme court ruling.’

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The Guardian, 18th April 2016

Source: www.guardian.co.uk

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Councils to take battle over planning policies and housing to Supreme Court – Local Government Lawyer

‘Cheshire East and Suffolk Coastal Councils are looking to take a key case over what are ‘relevant policies for the supply of housing’ to the Supreme Court.’

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Local Government Lawyer, 18th April 2016

Source: www.localgovernmentlawyer.co.uk

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UK legal aid residence test to be challenged in supreme court – The Guardian

Posted April 18th, 2016 in appeals, budgets, immigration, legal aid, news, Supreme Court, time limits by sally

‘The government’s residence test that deprives those who have lived in the UK for less than 12 months of legal aid faces a major challenge at the supreme court.’

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The Guardian, 17th April 2016

Source: www.guardian.co.uk

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Supreme Court hands down key ruling on welfare of foreign national children – Local Government Lawyer

Posted April 14th, 2016 in appeals, children, EC law, immigration, jurisdiction, news, Supreme Court by sally

‘The Supreme Court has unanimously allowed an appeal brought by a Children’s Guardian in a case concerning whether the courts of England or Hungary should have jurisdiction to determine proceedings concerning the future welfare of two young girls.’

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Local Government Lawyer, 13th April 2016

Source: www.localgovernmentlawyer.co.uk

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‘Aggressive’ tax avoidance scheme based on Disney film rights to appeal to supreme court – The Guardian

Posted April 14th, 2016 in appeals, news, Supreme Court, tax avoidance by sally

‘A film partnership accused by HM Revenue & Customs of using industry exemptions to help its members avoid paying their fair share of tax will this week take its case to the supreme court.’

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The Guardian, 13th April 2016

Source: www.guardian.co.uk

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Employment Law Implications for Liquidated Damages and the Penalty Rule Following El Makdessi – Littleton Chambers

Posted April 14th, 2016 in appeals, contracts, damages, employment, news, penalties, Supreme Court by sally

‘In English law there is a presumption in favour of freedom of contract. The penalty rule represents an exception to that principle. A properly drafted liquidated damages clause entitles the claimant to recover the amount stipulated in the clause even if the actual loss is less than the amount payable. The inclusion of the clause is intended to provide certainty, to make the recovery of damages easier and less costly and, from the opposite perspective, to limit liability.’

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Littleton Chambers, 4th April 2016

Source: www.littletonchambers.com

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Commercial Landlord & Tenant Law – New Square Chambers

‘In 2011, Marks and Spencer plc (“M&S”) operated a “break clause” in commercial leases of office premises. Following determination, M&S sought to recover from the landlord advance quarterly rent that it had paid for the period after the successful break. M&S relied, in part, on an implied term claim that post-break rent should be returned to it. The landlord denied the claim and litigation ensued. Morgan J in the High Court gave judgment for M&S on the claim. The Court of Appeal unanimously reversed the judgment. The Supreme Court unanimously dismissed M&S’ appeal and re-stated the principles for the implication of contract terms: Marks and Spencer plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd[2015] UKSC 72, [2015] 3 WLR 1843.’

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New Square Chambers, 11th April 2016

Source: www.newsquarechambers.co.uk

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Shergill and others v Khaira and others (No 2) – WLR Daily

Posted April 13th, 2016 in appeals, civil procedure rules, costs, law reports, striking out, Supreme Court by sally

Shergill and others v Khaira and others (No 2) [2016] EWHC 628 (Ch)

‘The judge dismissed the defendants’ application to strike out the claimants’ claim, a decision which was later reversed by the Court of Appeal. The Supreme Court allowed the claimants’ appeal from that decision and ordered that the defendants pay the claimants’ costs in the Supreme Court and the Court of Appeal. The costs judge subsequently refused the defendants’ application to stay the immediate detailed assessment of those costs. The defendants appealed from that decision on the ground that, by CPR r 47.1, the costs of proceedings could not be subject to detailed assessment until the proceedings were concluded, unless the appellate court had expressly ordered the costs to be assessed immediately, which it had not.’

WLR Daily, 23rd March 2016

Source: www.iclr.co.uk

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Mirror Group refused permission to appeal landmark phone hacking damages awards – OUT-LAW.com

Posted March 24th, 2016 in appeals, damages, interception, media, news, privacy, Supreme Court, telecommunications by tracey

‘Mirror Group Newspapers (MGN) has failed in its bid to overturn a landmark ruling in which it was ordered to pay approximately £1.2 million in damages for infringing the privacy of eight individuals through phone hacking.’

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OUT-LAW.com, 23rd March 2016

Source: www.out-law.com

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Damages in Fatal Accidents Claims: Supreme Court decision as to proper basis for calculations of future loss – Henderson Chambers

Posted March 22nd, 2016 in accidents, appeals, asbestos, damages, industrial injuries, news, Supreme Court, trials by sally

‘In Knauer (Widower and Administrator of the Estate of Sally Ann Knaur) v Ministry of Justice [2016] UKSC 9, the Supreme Court has held that the correct date as at which to assess the multiplier when fixing damages for future loss in claims under the Fatal Accidents Act 1976 should be the date of trial and not the date of death. In doing so it refused to follow two decisions of the House of Lords (Cookson v Knowles [1979] AC 556 and Graham v Dodds [1983] 1 WLR 808) pursuant to which the relevant date had been the date of death.’

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Henderson Chambers, February 2016

Source: www.hendersonchambers.co.uk

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Supreme Court judgment on vicarious liability: Mohamud v WM Morrison Supermarkets plc [2016] UKSC 11 – Park Square Barristers

Posted March 22nd, 2016 in appeals, assault, employment, news, Supreme Court by sally

‘Is an employer vicariously liable for the errant conduct of an employee who attacks a customer? Yes, according to the Supreme Court in unanimously giving judgment for the appellant in the case of Mr A M Mohamud (in substitution for Mr A Mohamud (deceased) v WM Morrison Supermarkets plc [2016] UKSC 11, handed down today.’

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Park Square Barristers, 2nd March 2016

Source: www.parksquarebarristers.co.uk

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Crown courts to allow filming for first time – BBC News

‘TV cameras could be allowed into crown courts in England and Wales for the first time, as part of a pilot scheme proposed by the Ministry of Justice.’

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MOJ Press release

BBC News, 20th March 2016

Source: www.bbc.co.uk

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Hundreds of rapists and child abusers taken off sex offenders’ register – The Independent

‘Nearly 700 sex offenders have been removed from the register in the last four years, including 157 child abusers, new figures have revealed. A Freedom of Information request by the BBC found more than half of applications made by criminals to be removed from the register since 2012 have been successful.’

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The Independent, 21st March 2016

Source: www.independent.co.uk

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UK faces fresh legal challenge over weak plans to tackle air pollution – The Guardian

Posted March 18th, 2016 in appeals, EC law, environmental health, news, pollution, Supreme Court by tracey

‘The government faces a new legal challenge to force it to speed up and improve measures to tackle air pollution in British cities. Environmental law group ClientEarth has asked the high court to urgently review the Department for Environment, Food and Rural Affairs’ (Defra) latest plans to meet EU targets on the toxic gas NO2 which is emitted from vehicles and industry and is thought to kill about 25,000 people in the UK a year.’

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The Guardian, 18th March 2016

Source: www.guardian.co.uk

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Daily Mail loses challenge to recoverable ATE – but success fee uncertainty heads to Supreme Court – Litigation Futures

Posted March 17th, 2016 in appeals, costs, fees, freedom of expression, insurance, media, news, Supreme Court by tracey

‘Recoverable after-the-event insurance (ATE) premiums are not incompatible with a publisher’s right to freedom of expression, the High Court has ruled – but it is asking the Supreme Court to resolve the case law tension over recoverable success fees in publications proceedings.’

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Litigation Futures, 15th March 2016

Source: www.litigationfutures.com

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