Freedom of information: round-up – Law Society’s Gazette

‘Transparency and openness for local authorities does not just mean disclosing information under the Freedom of Information Act 2000 (FoI). Section 3 of the Local Government, Planning and Land Act 1980 gives the secretary of state the power to issue a code of practice about the publication of information by local authorities relating to the discharge of their functions.’

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Law Society’s Gazette, 13th April 2015

Source: www.lawgazette.co.uk

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Missing Persons – Tanfield Chambers

Posted March 19th, 2015 in disclosure, news, presumption of death orders, third parties by sally

‘After bringing the first claim of its kind in the High Court in 2015, Gwyn Evans discusses how the Act will bring some relief to grieving families.’

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Tanfield Chambers, 20th February 2015

Source: www.tanfieldchambers.co.uk

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Critics of Islam prevented from entering UK to attend Lee Rigby rally – UK Human Rights Blog

‘This short case involves the old dilemma of public order law: whether it is right to shut down speech when the speaker himself does not intend to incite violence, but whose presence it is said may lead third parties to commit violence. Indeed the facts of this particular case go further than that , because the applicants had no plans to make any public address during their proposed visit to Britain. It was their presence alone which was feared would inflame “community tensions”.’

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UK Human Rights Blog, 15th February 2015

Source: www.ukhumanrightsblog.com

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Judge allows hotel companies to reassign leases without losing benefit of associated guarantees – OUT-LAW.com

Posted January 21st, 2015 in assignment, guarantees, hotels, landlord & tenant, leases, news, third parties by sally

‘A High Court judge has approved arrangements allowing companies within the Hilton group to reassign leases between themselves without the landlord losing the benefit of a guarantee granted by the parent company.’

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OUT-LAW.com, 20th January 2015

Source: www.out-law.com

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Saved by the Cap: Third Party Costs Order – RPC Professional and Financial Risks Blog

Posted December 8th, 2014 in accountants, costs, damages, insurance, news, third parties by sally

‘On 30 June 2014 judgment was handed down by Mrs Justice Rose in Swynson Limited v Lowick Rose LLP (in liquidation) [2014] EWHC 2085 (Ch). Rose J held that the Defendant, a firm of accountants, were liable but found that they owed no duty of care to the individual investor who had provided finance for a management buy-out. She awarded damages up to the liability cap of £15million inclusive of interest and costs, on the basis that the liability cap set out in the engagement letter reflected the commercial agreement reached by the parties.’

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RPC Professional and Financial Risks Blog, 4th December 2014

Source: www.rpc.co.uk

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Family pressure group “had no business” in applying for habeas corpus on behalf of mother – UK Human Rights Blog

‘An application for habeas corpus by a pressure group was completely “hopeless” and “entirely misconceived”. The appellant’s challenge to the decision of the judge below was equally devoid of merit. Third party applications are only appropriate where the prisoner is incommunicado or where the impediment preventing the prisoner from acting is ignorance or disability. It was entirely inappropriate in these circumstances, where the prisoner had been represented by counsel throughout the proceedings which resulted in her imprisonment, or where her detention had already ended before the application for habeas corpus was made.’

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UK Human Rights Blog, 18th November 2014

Source: www.ukhumanrightsblog.com

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Litigation Funding And Third-Party Costs Orders: A Practical View From The Bar – Littleton Chambers

Posted November 17th, 2014 in costs, indemnities, news, solicitors, third parties by sally

‘In his monthly column, James Bickford Smith considers the effects and scope of the recent decision in Excalibur Ventures LLC v Texas Keystone Inc and others (Rev 2) [2014] EWHC 3436 (Comm) to make litigation funders liable for third party costs orders.’

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Littleton Chambers, 11th November 2014

Source: www.littletonchambers.com

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Regina (Privacy International and others) v Her Majesty’s Revenue and Customs Commissioners – WLR Daily

Posted May 29th, 2014 in disclosure, HM Revenue & Customs, law reports, third parties by michael

Regina (Privacy International and others) v Her Majesty’s Revenue and Customs Commissioners [2014] EWHC 1475 (Admin);  [2014] WLR (D)  234

‘The margin of discretion afforded HM Revenue and Customs Commissioners in considering whether to disclose to a third party information about its export control functions under section 18(2)(a) and (d) of the Commissioners for Revenue and Customs Act 2005 could not be uniformly categorised and would vary according to the facts. It might be, in some circumstances, materially or even very substantially circumscribed but in other cases it might be relatively broad and there was no convincing wisdom in seeking to categorise the margin in quantitative terms that were wide, middling or narrow.’

WLR Daily, 12th May 2014

Source: www.iclr.co.uk

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Press has no direct role in welfare proceedings in Court of Protection – UK Human Rights Blog

‘Sir James Munby, President of the Court of Protection has ruled that the Daily Mail has no standing to be joined as a party in welfare proceedings in relation to a vulnerable adult who has been declared by the courts as lacking capacity under the Mental Health Act.’

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UK Human Rights Blog, 12th May 2014

Source: www.ukhumanrightsblog.com

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Kairos Shipping Ltd and another v Enka & Co LLC and others – WLR Daily

Kairos Shipping Ltd and another v Enka & Co LLC and others: [2014] EWCA Civ 217;   [2014] WLR (D)  113

‘It is in principle possible to constitute a limitation fund under the International Convention on Limitation of Liability for Maritime Claims 1976, scheduled to the Merchant Shipping Act 1995, by means of a guarantee in the form of a letter of undertaking provided by a protection and indemnity club.’

WLR Daily, 6th March 2014

Source: www.iclr.co.uk

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In re West of England Ship Owners Insurance Services Ltd Retirement Benefits Scheme Board of the Pension Protection Fund v Board of the West of England Ship Owners Insurance Services Ltd Retirement Benefits Scheme and another

Posted February 13th, 2014 in law reports, ombudsmen, pensions, third parties, trusts by sally

In re West of England Ship Owners Insurance Services Ltd Retirement Benefits Scheme
Board of the Pension Protection Fund v Board of the West of England Ship Owners Insurance Services Ltd Retirement Benefits Scheme and another [2014] EWHC 20 (Ch); [2014] WLR (D) 58

‘Considerations of fairness and reasonableness could not be imported into the process of construing the provisions of a Levy Determination issued by the Pension Protection Fund (“PPF”) which set out, pursuant to section 175(5) of the Pensions Act 2004, the rules for calculating the annual levy on defined pension benefit schemes eligible to receive compensation from the PPF. If the relevant rule in the Levy Determination did not permit the board of the PPF to interfere in any individual case so as to procure what might be said to be fair or rational in the calculation of the levy, the ombudsman was similarly constrained on a reference.’

WLR Daily, 23rd January 2014

Source: www.iclr.co.uk

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Leidseplein Beheer BV and another v Red Bull GmbH and another – WLR Daily

Posted February 12th, 2014 in EC law, law reports, third parties, trade marks by sally

Leidseplein Beheer BV and another v Red Bull GmbH and another (Case C-65/12); [2014] WLR (D) 48

‘Under article 5(2) of First Council Directive 89/104/EEC, the proprietor of a trade mark with a reputation could be obliged, pursuant to the concept of “due cause” within the meaning of that provision, to tolerate the use by a third party of a sign similar to that mark in relation to a product which was identical to that for which that mark was registered, if it was demonstrated that the sign was being used before that mark was filed and that the use of that sign in relation to the identical product was in good faith.’

WLR Daily, 6th February 2014

Source: www.iclr.co.uk

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Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014

Posted January 31st, 2014 in elections, legislation, lobbying, third parties, trade unions by sally

Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 published

Full text of Act

Source: www.legislation.gov.uk

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DLA Piper UK LLP v BDO LLP – WLR Daily

Posted January 14th, 2014 in costs, criminal procedure, law reports, third parties, witnesses by tracey

DLA Piper UK LLP v BDO LLP [2013] EWHC 3970 (Admin); [2013] WLR (D) 515

‘Where a person had attended court and successfully resisted being made subject to a witness summons under section 2 of the Criminal Procedure (Attendance of Witnesses) Act 1965 the only basis for the Crown Court ordering costs against the solicitor of the party seeking the summons would be that for which statute provided, namely, a wasted costs order under section 19A of the Prosecution of Offences Act 1985.’

WLR Daily, 13th January 2014

Source: www.iclr.co.uk

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Will Marine “A” keep his anonymity? – UK Human Rights Blog

Posted November 19th, 2013 in anonymity, armed forces, courts martial, human rights, murder, news, third parties by sally

“Five Royal Marines have lodged a challenge against a ruling that they can be named following the conviction of one of them for the murder of an injured insurgent in Afghanistan.”

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UK Human Rights Blog, 18th November 2013

Source: www.ukhumanrightsblog.com

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Legal Ombudsman to work on allowing complaints from non-clients – Legal Futures

Posted September 24th, 2013 in complaints, legal ombudsman, news, third parties by sally

“The Legal Ombudsman (LeO) is to begin work on what types of complaints it should accept from non-clients amid reports of lawyers harassing third parties over alleged debts, violating their privacy and doling out abusive treatment in court.”

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Legal Futures, 24th September 2013

Source: www.legalfutures.co.uk

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Martin Y Paz Diffusion SA v Depuydt and another – WLR Daily

Posted September 23rd, 2013 in consent, EC law, law reports, third parties, trade marks by sally

Martin Y Paz Diffusion SA v Depuydt and another (Case C-661/11); [2013] WLR (D) 351

“Article 5 of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the member states relating to trade marks (OJ 1989 L40, p 1), as amended, precluded a proprietor of trade marks from being deprived of any possibility of asserting the exclusive right conferred upon it by those marks against a third party and of itself exercising that exclusive right in respect of goods which were identical to those of that third party, in a situation where the proprietor had consented to a shared use with that third party of signs which were identical to its marks in respect of certain goods in classes for which those marks were registered and no longer consented to that use.”

WLR Daily, 19th September 2013

Source: www.iclr.co.uk

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High Court: third party funder entitled to terminate funding agreement and return of money held in escrow – OUT-LAW.com

Posted September 20th, 2013 in costs, news, third parties by sally

“A third party litigation funder was entitled to terminate a funding agreement when it reasonably believed that there was a less than 60% chance that the underlying court action would succeed, the High Court has ruled.”

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OUT-LAW.com, 20th September 2013

Source: www.out-law.com

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High Court backs litigation funder’s decision to terminate agreement – Litigation Futures

Posted September 16th, 2013 in costs, estoppel, news, solicitors, third parties by tracey

“The High Court has ruled that a third-party litigation funder was entitled to terminate its funding in a case where the prospects of success had fallen below 60%.”

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Litigation Futures, 16th September 2013

Source: www.litigationfutures.com

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Jacob Rowbottom: Third Party Spending Controls and the Lobbying Bill – UK Constitutional Law Group

Posted September 5th, 2013 in bills, elections, lobbying, news, third parties by sally

“The Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill is proving to be controversial for various reasons – not least for proposing amendments to controls on third party spending during election campaigns (under the current law independent organisations have to register with the Electoral Commission if they spend over a certain amount on election material, and such spending is subject to an overall cap). Many of the criticisms have focused on the potential for the proposed law to apply to the political speech of charities, think tanks, blogs and campaign groups.”

Full story

UK Constitutional Law Group, 4th September 2013

Source: www.ukconstitutionallaw.org

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