Year: 2012
Cohabitation Update – Zenith Chambers
“The law of property, as it applies to cohabiting couples in England and Wales, continues to produce outcomes which many commentators regard as unfair. In the Scottish case of Gow v. Grant, a recent appeal under the Family Law (Scotland) Act 2006 Lady Hale calls for similar legislation to be introduced in England and Wales.”
Full story (PDF)
Zenith Chambers, 17th July 2012
Source: www.zenithchambers.co.uk
Arbitration News: Sulamerica – the law governing an agreement to arbitrate – Hardwicke Chambers
“In Sulamerica Cia Nacional De Seguros S.A. v Enesa Engenharia S.A. [2012] EWCA Civ 638 the Court of Appeal explored (amongst other things) the question of how the law governing an arbitration agreement in the absence of express choice is to be determined.”
Hardwicke Chambers, 18th July 2012
Source: www.hardwicke.co.uk
Three Articles on Local Government Law – 11 KBW
Local Government Law Update: 18 July (PDF)
Local Government Law Update: 23 July (PDF)
Local Government Law Update: 25 July (PDF)
11 KBW, July 2012
Source: www.11kbw.com
Third Party Costs Orders against Solicitors – 4 New Square
“This article discusses the rise in applications against solicitors for third party costs orders, where solicitors have acted on conditional fee agreements and may be said to have funded or controlled litigation.”
Full story (PDF)
4 New Square, 25th July 2012
Source: www.4newsquare.com
Robin Hood Airport tweet bomb threat man wins case – BBC News
“A man found guilty of sending a menacing tweet threatening to blow up an airport has won a challenge against his conviction.”
BBC News, 27th July 2012
Source: www.bbc.co.uk
The Queen approves the appointment of four new Lord Justices of Appeal – Number 10 Downing Street
“The Queen has been pleased to approve the appointment of The Honourable Mr Justice Lloyd Jones as a Lord Justice of Appeal. This appointment follows the announcement of his appointment as Chairman of the Law Commission, which takes effect on 1 August 2012.”
Number 10 Downing Street, 26th July 2012
Source: www.number10.gov.uk
NHS Leeds v Larner – WLR Daily
NHS Leeds v Larner [2012] EWCA Civ 1034; [2012] WLR (D) 227
“An employee who had been on sick leave for a prolonged period of time and who was eventually dismissed thereafter had not lost her right to the holiday pay to which she was entitled in lieu of the annual leave which she had been unable to take.”
WLR Daily, 25th July 2012
Source: www.iclr.co.uk
RT (Zimbabwe) v Secretary of State for the Home Department (United Nations High Commissioner for Refugees intervening); SM (Zimbabwe) v Same (Same intervening); AM (Zimbabwe) v Same (Same intervening); KM (Zimbabwe) v Same (Same intervening) – WLR Daily
“A claim for asylum should not be defeated on the ground that an individual who had no political views, and who therefore did not support the persecutory regime in his home country, would lie and feign loyalty to that regime in order to avoid the persecutory ill treatment to which he would otherwise be subjected.”
WLR Daily, 25th July 2012
Source: www.iclr.co.uk
Johann MK Blumenthal GmbH & Co KG and another v Itochu Corpn – WLR Daily
Johann MK Blumenthal GmbH & Co KG and another v Itochu Corpn [2012] EWCA Civ 996; [2012] WLR (D) 225
“The Court of Appeal did not have jurisdiction to hear an appeal from a judge who had made a decision under section 18 of the Arbitration Act 1996 and had refused permission to appeal under section 18(5) of that Act.”
WLR Daily, 24th July 2012
Source: www.iclr.co.uk
Solihull Metropolitan Borough Council v Hickin – WLR Daily
Solihull Metropolitan Borough Council v Hickin [2012] UKSC 39; [2012] WLR (D) 224
“Where one of two or more persons holding under a joint secure tenancy died, the tenancy vested in the survivor or survivors rather than vesting in a person qualified to succeed the deceased person pursuant to section 89 of the Housing Act 1985.”
WLR Daily, 25th July 2012
Source: www.iclr.co.uk
In re T (Children) (Care Proceedings: Costs) – WLR Daily
In re T (Children) (Care Proceedings: Costs) [2012] UKSC 36; [2012] WLR (D) 223
“A local authority should not be liable in care proceedings for the costs of interveners against whom allegations had been reasonably made but which had been held by the court to be unfounded.”
WLR Daily, 25th July 2012
Source: www.iclr.co.uk
Westwood v Hospital Medical Group Ltd – WLR Daily
Westwood v Hospital Medical Group Ltd [2012] EWCA Civ 1005; [2012] WLR (D) 222
“A person not working for a company pursuant to a contract of employment, who was clearly an integral part of its undertaking when providing services as a surgeon, even though he was in business on his own account was a worker for the purposes of section 230(3)(b) of the Employment Rights Act 1996.”
WLR Daily, 24th July 2012
Source: www.iclr.co.uk
Regina (William Hill Organization Ltd) v Horserace Betting Levy Board – WLR Daily
“A person who entered into betting transactions on an Internet betting exchange in the course of his business was not a bookmaker for the purposes of the Betting, Gaming and Lotteries Act 1963.”
WLR Daily, 20th July 2012
Source: www.iclr.co.uk
Lady Warsi cleared of expenses irregularities – The Guardian
“Lady Warsi has been cleared of expenses irregularities by a Lords investigation but found in breach of its code of conduct over her failure to properly register a property with the Lords.”
The Guardian, 26th July 2012
Source: www.guardian.co.uk
Recent Statutory Instruments – legislation.gov.uk
Two Met police officers face racism trial – The Guardian
“Two Metropolitan police officers are to stand trial accused of making racist remarks to their colleagues, prosecutors have announced.”
The Guardian, 26th July 2012
Source: www.guardian.co.uk
Justice committee’s report on FOIA – Commentary on the ss.35 & 36 recommendations – Panopticon
“As Tim Pitt-Payne QC commented in his post on the report earlier today, the Committee’s report has not landed a bombshell in the middle of the FOIA landscape. To a very large extent, the report endorses the current structure and content of the legislation, something which the Commissioner clearly welcomes. However, whilst the Committee has largely resisted calls for FOIA to be amended, it has commented fairly extensively on how the Act should be applied in practice. This commentary is doubtless going to influence the evolution of FOIA case-law for the foreseeable future.”
Panopticon, 26th July 2012
Source: www.panopticonblog.com
High speed train opponents granted court hearing – Daily Telegraph
“Plans to build a high speed line from London to the Midlands were dealt a blow yesterday with the High Court granting opponents the right to seek judicial review against the scheme.”
Daily Telegraph, 27th July 2012
Source: www.telegraph.co.uk
Victims to get right to challenge ‘no charge’ decisions – BBC News
“Crime victims in England and Wales are to get the right to a review in cases when it has been decided that no one will be charged.”
BBC News, 27th July 2012
Source: www.bbc.co.uk