Retrospective interpretation: DSG v MasterCard – Competition Bulletin from Blackstone Chambers

Posted February 20th, 2019 in competition, EC law, limitations, news, tribunals by sally

‘The latest battle over limitation in Competition damages claims was a victory for the claimants – see DSG Retail Ltd v MasterCard Inc [2019] CAT 5. In some ways it is a surprising decision, because the Competition Appeal Tribunal has decided that when s.47A of the Competition Act was enacted in 2003, certain claims which were time-barred prior to its enactment were revived. The Tribunal frankly acknowledged that it did not find the matter straightforward, and looking at the rules it is easy to see why.’

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Competition Bulletin from Blackstone Chambers, 19th February 2019

Source: competitionbulletin.com

Bresco Electrical Services Ltd (in liquidation) v Michael J Lonsdale (Electrical) Ltd [2019] EWCA Civ 27 – Hardwicke Chambers

Posted February 20th, 2019 in enforcement, injunctions, insolvency, jurisdiction, news, stay of proceedings by sally

‘This case concerned both the appeal in Bresco v Lonsdale and Cannon Corporate v Primus Build. The present case comment is only concerned with the former.’

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Hardwicke Chambers, 6th February 2019

Source: hardwicke.co.uk

BC v BG – Challenging arbitration awards in divorce cases – Transparency Project

Posted February 20th, 2019 in arbitration, divorce, matrimonial home, news by sally

‘Divorcing couples who cannot agree how to divide their property can, as an alternative to costly and time consuming litigation, refer the matter to an arbitrator. But if one of them isn’t happy about the outcome, the matter could still end up in court. The recent case of BC v BG [2019] EWFC 7 considers the different ways this can happen, and confirms what should be the preferred approach.’

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Transparency Project, 19th February 2019

Source: www.transparencyproject.org.uk

MPs call for ethics-based internet regulation – OUT-LAW.com

‘A new code of ethics should govern the removal of harmful content from the internet and there should be “large fines” for technology companies that fail to comply with it, a prominent group of MPs has said.’

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OUT-LAW.com, 19th February 2019

Source: www.out-law.com

Clancy Docwra Ltd v E.ON Energy Solutions Ltd [2018] EWHC 3124 (TCC) – Hardwicke Chambers

Posted February 20th, 2019 in building law, construction industry, contracts, documents, news, rectification, tenders by sally

‘In this case tender documentation appended to the Sub-Contract documentation had the effect of limiting the scope of obligations under the Sub-Contract.’

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Hardwicke Chambers, 25th January 2019

Source: hardwicke.co.uk

Boy convicted of sex assault on pupil allowed back to school – BBC News

Posted February 20th, 2019 in assault, news, school children, sexual offences, victims by sally

‘A 15-year-old boy convicted of sexually assaulting a girl in a classroom has been allowed to stay at the same school as his victim.’

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BBC News, 20th February 2019

Source: www.bbc.co.uk

Supreme Court upholds estate agent contract formed over telephone – OUT-LAW.com

Posted February 20th, 2019 in agency, contracts, estate agents, fees, news, remuneration, telecommunications by sally

‘The UK Supreme Court has upheld a contract concluded between a property developer and an estate agent over the telephone, including a disputed element of commission for the agent.’

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OUT-LAW.com, 20th February 2019

Source: www.out-law.com

Shamima Begum: IS teenager to lose UK citizenship – BBC News

Posted February 20th, 2019 in children, citizenship, families, Islam, news, proscribed organisations, terrorism by sally

‘Shamima Begum, who joined the Islamic State group in Syria aged 15, is to lose her UK citizenship.’

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BBC News, 20th February 2019

Source: www.bbc.co.uk

Shamima Begum: The Human Rights Impact Of Making Someone Stateless – Rights Info

Posted February 19th, 2019 in children, citizenship, families, human rights, international law, Islam, news, terrorism, treason by sally

‘Shamima Begum was just 15 when she was radicalised by Isis militants online and smuggled into Syria.’

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Rights Info, 19th February 2019

Source: rightsinfo.org

Property Litigation column: Wednesbury unreasonable and landlords: No.1 West India Quay – Hardwicke Chambers

Posted February 19th, 2019 in appeals, consent, interpretation, landlord & tenant, leases, news, repairs, Supreme Court by sally

‘In property law, discretionary powers are common. Such discretionary powers most often confer, on one contracting party, a discretionary power to grant or withhold consent for such things as changes of use, building, or alterations including the grant of consent. They are frequently found in restrictive covenants and in leases and include, for example, “Jervis v Harris” clauses which allow a landlord, during the term of a lease, to enter the demised premises and carry out works to remedy disrepair. The question of how a Court should approach a challenge to the exercise, under a contract, of a discretionary power is an old chestnut.’

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Hardwicke Chambers, 15th February 2019

Source: hardwicke.co.uk

As The State Continues Its Censorship, We Need To Remember That Drill Artists Have Free Speech Too – Rights Info

‘South London Drill artists AM and Skengdo were handed suspended jail sentences for performing their song ‘Attempted’ at a concert in Camden in December 2018.’

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Rights Info, 19th February 2019

Source: rightsinfo.org

Shutting Pandora’s Box – Hardwicke Chambers

Posted February 19th, 2019 in appeals, construction industry, contracts, injunctions, insolvency, jurisdiction, news by sally

‘Ever since 31 July 2018, when Fraser J handed down his judgment in Michael J Lonsdale (Electrical) Ltd v Bresco Electrical Services Ltd (in liquidation) [2018] EWHC 2043 (TCC), many of those involved in either insolvency or construction have been in a state of confusion tinged with disbelief. The potential ramifications were quite startling and the unease was only heightened by the more or less contemporary but very different decision of HHJ Waksman QC (as he then was) in Cannon Corporate Ltd v Primus Build Ltd [2018] EWHC 2143 (TCC). Both matters came before the Court of Appeal in November, since when the legal profession has been holding its collective breath. Now that the Court of Appeal has handed down its much-awaited judgment in these conjoined appeals the exhalation has been audible.’

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Hardwicke Chambers, 7th February 2019

Source: hardwicke.co.uk

Lydia Banerjee Writes “The Professional Obligations Owed By Auditors Have Been Under The Spot Light in Two Recent Case” – Littleton Chambers

Posted February 19th, 2019 in appeals, auditors, building societies, mortgages, negligence, news by sally

‘On 30 January 2019 the Court of Appeal gave their judgment in the case of Manchester Building Society v Grant Thornton UK LLP [2019] EWCA Civ 40. The following day judgment was handed down by the Honourable Mr Justice Bryan in AssetCo Plc v Grant Thornton UK LLP [2019] EWHC 150.’

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Littleton Chambers, 14th February 2019

Source: www.littletonchambers.com

Negligence in Residential Leasehold Conveyancing – Dealing with Protected Residential Tenancies – Hardwicke Chambers

Posted February 19th, 2019 in conveyancing, housing, landlord & tenant, leases, licensing, negligence, news, solicitors by sally

‘This article will look at just one of the (numerous) issues of which transactional solicitors need to be aware when dealing with residential conveyancing: protected residential tenancies. The following samples the chapter on Residential Leasehold Conveyancing in the Law Society’s latest publication: Risk & Negligence in Property Transactions edited by John de Waal QC.’

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Hardwicke Chambers, 15th February 2019

Source: hardwicke.co.uk

Defined penalties gives Pensions Regulator powers to protect defined benefit schemes – Doughty Street Chambers

Work and Pensions Secretary Amber Rudd MP has announced that the government will introduce two new criminal offences to penalise the mismanagement of pension schemes.

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Doughty Street Chambers, 11th February 2019

Source: insights.doughtystreet.co.uk

Lucy Bone on Confidentiality Clauses and Sexual Harassment – Littleton Chambers

‘Can an employer rely on a contractual confidentiality clause to prevent disclosure of allegations of harassment and discrimination? This was the question posed in Linklaters v. Mellish [2019] EWHC 177, heard by the High Court last week.’

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Littleton Chambers, 18th February 2019

Source: www.littletonchambers.com

SAAMCO revisited: information, advice and assumption of responsibility – Hardwicke Chambers

Posted February 19th, 2019 in appeals, auditors, building societies, mortgages, negligence, news by sally

‘In Manchester Building Society v Grant Thornton UK LLP [2019] EWCA Civ 40, the Court of Appeal yet again had to consider the application of the SAAMCO principle. Perhaps most significantly, the decision underlines the need to distinguish between ‘information’ and ‘advice’ cases when assessing the extent of a defendant’s liability for professional negligence.’

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Hardwicke Chambers, 14th February 2019

Source: hardwicke.co.uk

Nicholas Siddall on Uber: Form, Substance and Judicial Intervention – Littleton Chambers

Posted February 19th, 2019 in appeals, contract of employment, news, self-employment, Supreme Court, taxis by sally

‘The long running saga of whether Uber drivers are workers has been decided in the Court of Appeal and a split court has granted permission to appeal. This blog analyses the differing approaches in the Court of Appeal and the arguments that are likely to be advanced before the Supreme Court.’

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Littleton Chambers, 23rd January 2019

Source: www.littletonchambers.com

Getting home: how can Britons serving sentences overseas transfer to a British prison? – Doughty Street Chambers

‘The Ministry of Justice recently updated its guidance for UK nationals who are serving sentences in prisons overseas, and who may wish to serve the remainder of their sentences in the UK. You can read that guidance by clicking here. But what are the conditions which must be met, and what are the practical steps which might be taken to help a UK national serve the remainder of their sentence in their own country? Christopher Sykes from our Criminal Law and Appeals Team looks at how to go about achieving this.’

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Doughty Street Chambers, 5th February 2019

Source: insights.doughtystreet.co.uk

The primacy of insolvency law over construction law – Hardwicke Chambers

Posted February 19th, 2019 in appeals, construction industry, contracts, insolvency, jurisdiction, news by sally

‘With the Court of Appeal’s decision in Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd just a few weeks old, it is hardly surprising that people are looking again at the relationship between insolvency law and adjudication, noting that in cases of liquidation where parties have a cross claim, construction law defers to insolvency law.’

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Hardwicke Chambers, 14th February 2019

Source: hardwicke.co.uk