International Human Rights Breaches – State Accountability v State Immunity – UCL / Bindman Debate

Posted July 19th, 2013 in human rights, international law, news, state immunity by sally

“Panel includes:
Prof. Eileen Denza CMG;
Omar Deghayes, Cageprisoners, former Guantanamo prisoner;
Ben Emmerson QC, Matrix Chambers; and
Julian Knowles QC, Matrix Chambers

Professor Geraldine Van Bueren QC, Queen Mary’s College, London”

Video now available

UCL / Bindman Debate, 19th June 2013


Command Papers –

Posted July 19th, 2013 in parliamentary papers by sally

Action for Roads: A network for the 21st century, Cm 8679 (PDF)

Government Response to the House of Commons Communities and Local Government Committee Eighth Report of Session 2012–13: The Role of Local Authorities in Health Issues, Cm 8638 (PDF)

Post Legislative Assessment of the Crossrail Act 2008, Cm 8676 (PDF)

Government Response to the Intelligence and Security Committee’s Report of Session 2013-14: Foreign involvement in the Critical National Infrastructure, Cm 8662 (PDF)


Recent Statutory Instruments –

Posted July 19th, 2013 in legislation by sally

The Authorised Investment Funds (Tax) (Amendment) Regulations 2013

The Offshore Funds (Tax) (Amendment No. 3) Regulations 2013

Marriage (Same Sex Couples) Act 2013

The Independent Police Complaints Commission (Forces Maintained Otherwise than by Local Policing Bodies) Order 2013

The Police (Complaints and Misconduct)(Old Cases) Regulations 2013

The Commons (Registration of Town or Village Greens) and Dedicated Highways (Landowner Statements and Declarations) (England) Regulations 2013

The Local Justice Areas Order 2013

The Finance Act 2013, Schedule 23 (Employee Shareholder Shares) (Appointed Day) Order 2013

The Traffic Management (Derby City Council) Permit Scheme Order 2013

The Offshore Installations (Safety Zones) Order 2013

The Asian Development Bank (Tenth Replenishment of the Asian Development Fund) Order 2013

The Education (School Performance Information) (England) (Amendment) Regulations 2013

The Proscribed Organisations (Name Changes) Order 2013

The Alternative Investment Fund Managers (Amendment) Regulations 2013

The Copyright and Duration of Rights in Performances Regulations 2013

The Capital Allowances (Environmentally Beneficial Plant and Machinery) (Amendment) Order 2013

The Local Authorities (Capital Finance and Accounting) (England) (Amendment) (No.2) Regulations 2013

The Fish Labelling Regulations 2013

Supply and Appropriation (Main Estimates) Act 2013


Hawes v Burgess, an end to the Golden Rule?’ – New Square Chambers

Posted July 19th, 2013 in mental health, news, wills by sally

“The principles of testamentary capacity are well settled: a testator must understand the nature of the act of making a will, the extent of the property of which he is disposing, and the persons who may have a claim upon that property: Banks v Goodfellow (1870) LR 5 QB 549. Further, the proposed dispositions must not be poisoned or influenced by any disorder of the mind.”

Full story (PDF) (see p. 3)

New Square Chambers, June 2013


Benedetti v Sawiris and others – WLR Daily

Benedetti v Sawiris and others [2013] UKSC 50; [2013] WLR (D) 286

“A restitutionary award made on the basis of unjust enrichment where the benefit was in the form of services was normally to be assessed by reference to the objective market value of the services, tested by the price which a reasonable person in the defendant’s position would have had to pay for the services, and taking into account conditions which increased or decreased the objective value of the benefit to any reasonable person in that position.”

WLR Daily, 17th July 2013


BAILII: Recent Decisions

Posted July 19th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Yarow, R. v [2013] EWCA Crim 1175 (18 June 2013)

Court of Appeal (Civil Division)

Evans & Anor v Finance-U-Ltd [2013] EWCA Civ 869 (18 July 2013)

SS (Malaysia) v Secretary of State for the Home Department [2013] EWCA Civ 888 (18 July 2013)

West Midlands Travel Ltd v Aviva Insurance UK Ltd [2013] EWCA Civ 887 (18 July 2013)

DL v EL (Rev 1) [2013] EWCA Civ 865 (16 July 2013)

High Court (Queen’s Bench Division)

Tchenguiz & Anor v Rawlinson And Hunter Trustees SA & Ors [2013] EWHC 2128 (QB) (18 July 2013)

High Court (Chancery Division)

BDW Trading Ltd & Anor v South Anglia Housing Ltd [2013] EWHC B10 (Ch) (17 July 2013)

Wholecrop Marketing Ltd v Wolds Produce Ltd [2013] EWHC 2079 (Ch) (16 July 2013)

High Court (Administrative Court)

Johnson & Anor v Nursing and Midwifery Council [2013] EWHC 2140 (Admin) (18 July 2013)

West v Taylor-Duncan [2013] EWHC 2163 (QB) (Admin) (18 July 2013)

Y, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 2127 (Admin) (18 July 2013)

High Court (Family Division)

MI (A Child), Re [2013] EWHC 1073 (Fam) (29 April 2013)

J & MM (Children), Re [2013] EWHC 1820 (Fam) (26 June 2013)

A (A Child), Re (Vulnerable Witness : Fact Finding) [2013] EWHC 2124 (Fam) (15 July 2013)

RCW v A Local Authority (No.2): Re SB [2013] EWHC 2129 (Fam) (16 July 2013)

High Court (Commercial Court)

Intesa Sanpaolo SPA v Regione Piemonte [2013] EWHC 1994 (Comm) (16 July 2013)

High Court (Patents Court)

HTC Corporation v Gemalto SA [2013] EWHC 1876 (Pat) (10 July 2013)


Updated Bar Council Taxation and Retirement Benefits Guidance – The Bar Council

Posted July 19th, 2013 in barristers, news, retirement, self-employment, taxation by sally

“The Bar Council has launched updated taxation guidance for barristers to help them manage their tax position. This coincides with changes to the tax system introduced by the Finance Act 2013, which received Royal Assent on 18 July 2013.”

Full story

The Bar Council, 18th July 2013


A heresy extinguished: Hastings-Bass reformed – New Square Chambers

Posted July 19th, 2013 in appeals, news, professional conduct, Supreme Court, trusts by sally

“A heresy usually derives from the earnest application of principle without the benefit of perspective. Addressing the rule in Hastings Bass, and its heretical application over many years by the High Court, the Supreme Court in Pitt v Holt and Futter v Futter [2013] uKSC 26 has greatly narrowed its use and effect.”

Full story (PDF)

New Square Chambers, June 2013


Important judgment on freezing orders & ex parte orders commented on by David Partington – Sovereign Chambers

Posted July 19th, 2013 in divorce, freezing injunctions, news by sally

“Freezing orders, without notice applications and evidence obtained in breach of confidence – a salutary reminder.”

Full story

Sovereign Chambers, 25th June 2013


Giving tenants a break – Hardwicke Chambers

Posted July 19th, 2013 in landlord & tenant, leases, news, rent by sally

“A recent case in the Chancery Division is the latest in a series concerning payment of rent as a condition of exercising a break clause: Marks & Spencer Plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd [2013] EWHC 1279; [2013] 22 EG 92. In this series of cases, tenants have sought to overcome the apparent unfairness of paying quarterly rent due in advance as a condition of exercising a break clause part way through a quarter, leading to an overpayment of rent when compared pro rata to the period of actual occupancy.”

Full story

Hardwicke Chambers, 15th July 2013


New Era or Plus Ça Change – Littleton Chambers

Posted July 19th, 2013 in consultations, news, regulations, tribunals by sally

“Following the long process of consideration and consultation, the new tribunal rules take effect from 29th July 2013. David Reade QC examines the new Tribunal and Fees regime in a paper entitled ‘NEW ERA OR PLUS ÇA CHANGE’ that he delivered at the ELA this month.”

Full story (PDF)

Littleton Chambers, 15th July 2013


High Court gets teeth into BSB disciplinary problems – Legal Futures

“The High Court has this week been hearing the first claim for judicial review arising from last year’s high-profile problems with the Bar Standards Board’s (BSB) tribunals which, if successful, would throw the barristers’ disciplinary regime into disarray.”

Full story

Legal Futures, 18th July 2013


Corporate Crime Review – Dyers Chambers

Posted July 19th, 2013 in banking, company law, crime, financial regulation, fraud, interest, news, sentencing by sally

“Members of Dyers Chambers review developments across the spectrum of corporate crime and financial regulation, including updates on LIBOR, Sanctions, DPAs and Fraud Sentencing.”

Full story (PDF)

Dyers Chambers, 11th July 2013


Getting local authorities mythbusting – Cloisters

“Local authorities have a duty not to spend public money on propaganda for a political party. Section 4 of the Local Government Act 1986 provides for a Code of recommended practice as regards publicity. Councils which fail to follow its requirements may find themselves in breach of s 2 of the LGA 1986 and subject to judicial review. Hence councils act with caution in this area. Declan O’Dempsey writes about recent work on the Local Audit and Accountability Bill, which should encourage local authorities to rebut factually inaccurate stories put out by political parties, perhaps event during the election “purdah” period.”

Full story (PDF)

Cloisters, July 2013


Permission to amend after expiry of time limits – and an unfair hearing – UK Human Rights Blog

Posted July 19th, 2013 in amendments, appeals, civil procedure rules, news, planning, time limits by sally

“There is a curious if not bizarre set of anomalies about planning and environmental challenges. Where they involve an attack on a decision by the Secretary of State (typically in respect of a decision by a planning inspector after inquiry), the route is via section 288 of the Town & Country Planning Act 1990. There is a strict 6 week time limit, with no discretion to extend – but no need for permission to apply as in judicial review. But where there is a challenge to any other decision, the time limit (at the moment) is 3 months, with discretion to extend – but also a discretion to disallow if the application was not ‘prompt’ even within the 3 months (see my post on this last point) and the permission hurdle to clear.”

Full story

UK Human Rights Blog, 18th July 2013


The Azelle Rodney inquiry and Article 2 – Garden Court Chambers Blog

Posted July 19th, 2013 in firearms, homicide, human rights, inquiries, news, police by sally

“Leslie Thomas considers the recent Azelle Rodney inquiry and the impact on matters relating to Article 2.”

Full story

Garden Court Chambers Blog, 18th July 2013


‘Dating scams’ add to 27% increase in fraud – The Independent

Posted July 19th, 2013 in fraud, internet, news by sally

“So-called ‘dating scams’ have contributed to a 27% increase in the number of frauds reported, official figures show.”

Full story

The Independent, 18th July 2013


£5m compensation for 1,000 who had holiday from hell – Daily Telegraph

Posted July 19th, 2013 in compensation, consumer credit, holidays, insurance, news by sally

“Around 1,000 holidaymakers will share a total pot of £5m from First Choice, Thomas Cook and My Travel after a “holiday from hell” court case concluded.”

Full story

Daily Telegraph, 18th July 2013


Appeal court criticises SRA as it raises possibilty of more time to challenge interventions – Legal Futures

“There may be circumstances in which the eight-day period solicitors have to challenge interventions into their practices should be extended, the Court of Appeal has suggested.”

Full story

Legal Futures, 19th July 2013


Tax general anti-abuse rule now in force as Finance Act receives Royal Assent –

Posted July 19th, 2013 in financial regulation, news, tax avoidance by sally

“The new general anti-abuse rule (GAAR) is now in force, preventing artificial and abusive tax avoidance schemes that fail to pass a ‘double reasonableness’ test.”

Full story, 18th July 2013