EVENT: IALS – Making the law easier for users: the role of statutes

Posted October 8th, 2013 in Forthcoming events by sally

“Organised by the Statute Law Society (www.statutelawsociety.org) and the Institute of Advanced Legal Studies.”

Date: 14th October 2013, 6.00-7.00pm

Location: Institute of Advanced Legal Studies, Charles Clore House, 17 Russell Square, London, WC1B 5DR

Charge: Free

More information can be found here.

Witness evidence – Hardwicke Chambers

Posted October 8th, 2013 in evidence, news, witnesses by sally

“A good witness statement can greatly improve the chances of success in any case, whereas conversely a poorly drafted one can undermine what may otherwise be a potentially strong claim or defence. Andy Lane reports on a recent Chancery Division authority which serves as a timely reminder to us all.”

Full story

Hardwicke Chambers, 2nd October 2013

Source: www.hardwicke.co.uk

Fairclough v Summers – An abuse of Process – Sovereign Chambers

“On the 13th May 2003 whilst acting in the course of his employment with Fairclough Homes Limited (‘Fairclough’), Shaun Summers (‘Mr Summers’) fell from a truck and sustained both a fractured bone in his right hand and a fractured left heel bone. On the 28th October 2003 Fairclough admitted liability for the accident through its insurers (‘the admission’). Mr Summers went on to issue a claim for personal injury and associated losses on the 10th May 2006 but, having examined his medical records (which appeared to cast doubt on Mr Summers’ account of the accident), Fairclough applied for permission to withdraw their admission and served an Amended Defence in relation to liability. On the 28th August 2007, following a trial before HHJ Tetlow (‘the Judge’), Mr Summers obtained judgment against Fairclough with damages to be assessed.”

Full story

Sovereign Chambers, 25th September 2013

Source: www.sovereignchambers.co.uk

Bedroom Tax – Exciting but steady on…! – Hardwicke Chambers

Posted October 8th, 2013 in appeals, benefits, housing, news, regulations, social security by sally

“I was fortunate at the end of September in two respects when delivering seminars on the subject of welfare reform; firstly I had been allocated the primary subject of the bedroom tax to talk upon, and secondly I was able to report and expand on exciting news that was breaking in this field.”

Full story

Hardwicke Chambers, 2nd October 2013

Source: www.hardwicke.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted October 8th, 2013 in legislation by sally

The Court Martial Appeal Court (Interpretation and Translation) Rules 2013

The Costs in Criminal Cases (General) (Amendment) Regulations 2013

The Criminal Procedure (Amendment) Rules 2013

The Armed Forces (Interpretation, Translation and Alcohol and Drug Tests) Rules 2013

The British Nationality (General) (Amendment) Regulations 2013

Source: www.legislation.gov.uk

KNN Colburn LLP v GD City Holdings Ltd – WLR Daily

Posted October 8th, 2013 in electronic mail, law reports, time limits by sally

KNN Colburn LLP v GD City Holdings Ltd [2013] EWHC 2879 (QB); [2013] WLR (D) 369

“A referral notice that was not accompanied by copies of relevant extracts from the contract and other such documents on which the referring party intended to rely was sufficient to start time running for the purposes of the time limit set out in paragraph 19(1) of the Scheme for Construction Contracts set out in the Schedule to the Scheme for Construction Contracts (England and Wales) Regulations 1998.”

WLR Daily, 2nd October 2013

Source: www.iclr.co.uk

Genesis Housing Association Ltd v Liberty Syndicate Management Ltd for and on behalf of Liberty Syndicate 4472 at Lloyd’s – WLR Daily

Genesis Housing Association Ltd v Liberty Syndicate Management Ltd for and on behalf of Liberty Syndicate 4472 at Lloyd’s [2013] EWCA Civ 1173; [2013] WLR (D) 368

“The inadvertent naming of the wrong builder in a proposal form for insurance against latent defects including cover for the insolvency of the builder during the construction of social housing units, constituted a breach of warranty entitling the insurers to avoid the policy.”

WLR Daily, 4th October 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted October 8th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Criminal Practice Directions [2013] EWCA Crim 1631 (03 October 2013)

Practice Direction on Costs in Criminal Proceedings [2013] EWCA Crim 1632 (03 October 2013)

Speed, R. v [2013] EWCA Crim 1650 (07 October 2013)

Court of Appeal (Civil Division)

Gelley & Ors v Shepherd & Anor [2013] EWCA Civ 1172 (07 October 2013)

M (Children) [2013] EWCA Civ 1170 (04 October 2013)

Société Des Produits Nestlé S.A. v Cadbury UK Ltd [2013] EWCA Civ 1174 (04 October 2013)

JW Spear & Son Ltd & Ors v Zynga Inc [2013] EWCA Civ 1175 (04 October 2013)

Genesis Housing Association Ltd v Liberty Syndicate Management Ltd [2013] EWCA Civ 1173 (04 October 2013)

Ford v Malaysian Airline Systems Berhad [2013] EWCA Civ 1163 (27 September 2013)

High Court (Queen’s Bench Division)

T & Ors, R (on the application of) v Sheffield City Council [2013] EWHC 2953 (QB) (04 October 2013)

Matthews v Collins (t/a Herbert Collins & Sons) & Ors [2013] EWHC 2952 (QB) (04 October 2013)

High Court (Chancery Division)

Conductive Inkjet Technology Ltd v Uni -Pixel Displays Inc [2013] EWHC 2968 (Ch) (07 October 2013)

High Court (Family Division)

Button v Salama [2013] EWHC 2972 (Fam) (27 September 2013)

High Court (Administrative Court)

Gate (oao on balhalf of Transport Solutions FOP Lancaster and Morecambe), R (on the application of) v Secretary of State for Transport & Anor [2013] EWHC 2937 (Admin) (04 October 2013)

High Court (Technology and Construction Court)

Covanta Energy Ltd v Merseyside Waste Disposal Authority [2013] EWHC 2922 (TCC) (26 September 2013)

Willis v MRJ Rundell & Associates Ltd & Anor [2013] EWHC 2923 (TCC) (25 September 2013)

Pioneer Cladding Ltd v John Graham Construction Ltd [2013] EWHC 2954 (TCC) (04 October 2013)

CSG (Stratford) Ltd & Ors v London Borough Of Newham & Ors [2013] EWHC 2868 (TCC) (02 October 2013)

High Court (Commercial Court)

Erste Group Bank AG (London Branch) v JSC “VMZ Red October” [2013] EWHC 2926 (Comm) (03 October 2013)

High Court (Patents Court)

Lonsdale Sports Ltd v Erol [2013] EWHC 2956 (Pat) (04 October 2013)

Source: www.bailii.org

EVENT: University of Westminster Bar Society – Mooting Masterclass with Alastair Hodge

Posted October 8th, 2013 in Forthcoming events by sally

“Want to learn more about how to Moot and know about how life was like as a trainee barrister? We are delighted to have the company of Alastair Hodge, Barrister-at-Law from 5 Essex Court, who will prove that Barristers can have fun too!”

Date: Tuesday 22nd October 2013, 17.00-19.00pm

Location: The Pavilion, 115 New Cavendish Street, London W1W

Charge: Free, see website for details

More information can be found here.

High Court gives green light to QASA judicial review – Legal Futures

“Criminal barristers were yesterday given permission to pursue their judicial review against the Legal Services Board over the Quality Assurance Scheme for Advocates (QASA).”

Full story

Legal Futures, 8th October 2013

Source: www.legalfutures.co.uk

Jeremy Forrest trial: No action to be taken against woman over perverting the course of justice claim – The Independent

“No further action will be taken against a woman who was suspected of trying to pervert the course of justice in connection with the case of jailed teacher Jeremy Forrest.”

Full story

The Independent, 7th October 2013

Source: www.independent.co.uk

A generational duty – Law Society’s Gazette

Posted October 8th, 2013 in consultations, Law Commission, news by sally

“‘Each generation has its duty to keep the law in conformity with the needs of the time.’ So said Lord Denning, speaking in support of the Law Commissions Bill during its second reading in the House of Lords in 1965. Since its subsequent establishment under the Law Commissions Act 1965, the Law Commission has sought to do exactly that.”

Full story

Law Society’s Gazette, 7th October 2013

Source: www.lawgazette.co.uk

Newspapers’ plans for post-Leveson press regulation rejected – The Guardian

Posted October 8th, 2013 in charters, constitutional reform, media, news, Privy Council, victims by sally

“Plans on how to regulate the press industry have been delayed until later this month after a difficult meeting of the key players rejected the regulatory plans proposed by the industry but also could not agree whether to back the royal charter passed by parliament.”

Full story

The Guardian, 7th October 2013

Source: www.guardian.co.uk

New Zealand businessman Mark Lundy set for retrial after 12 years in jail as he wins appeal in UK court over murder conviction

Posted October 8th, 2013 in evidence, murder, news, Privy Council, retrials by sally

“A businessman sentenced to life imprisonment for the murders of his wife and daughter in New Zealand had his conviction quashed by a British court today following the emergence of new evidence.”

Full story

The Independent, 7th October 2013

Source: www.independent.co.uk

Q&A: National Crime Agency – BBC News

“The UK has launched a new National Crime Agency. What is it and what does it do?”

Full story

BBC News, 6th October 2013

Source: www.bbc.co.uk

Anti-drones protesters who broke into RAF base are praised by judge – The Guardian

Posted October 8th, 2013 in appeals, complaints, costs, criminal damage, news by sally

“Six protesters who broke into RAF Waddington in Lincolnshire, home of Britain’s first unmanned drones base, were described by a judge at their trial on Monday as ‘dutiful people’. He said it was only with a ‘heavy heart’ that he found them guilty of criminal damage to the base.”

Full story

The Guardian, 7th October 2013

Source: www.guardian.co.uk

Paedophile who received suspended jail term after prosecution branded 13-year-old victim ‘predatory’ to have sentence reviewed – The Independent

“A paedophile who received a suspended jail term after the prosecution branded his 13-year-old victim ‘predatory’ is having his sentence reviewed.”

Full story

The Independent, 8th October 2013

Source: www.independent.co.uk

Commuters could be in line for savings following court case – Daily Telegraph

Posted October 8th, 2013 in consumer protection, costs, news, railways by sally

“A commuter’s court victory could see hundreds of passengers demanding cheaper season tickets as train operators move to plug a ‘loophole’ which he exploited.”

Full story

Daily Telegraph, 8th October 2013

Source: www.telegraph.co.uk

Sex-selective abortion allegations unprovable, says top prosecutor – The Guardian

Posted October 8th, 2013 in abortion, doctors, gender, news, prosecutions by sally

“It would be impossible to prove that two doctors authorised abortions solely on the basis of the baby’s gender, the director of public prosecutions has said in an explanation of why charges were not brought against them.”

Full story

The Guardian, 7th October 2013

Source: www.guardian.co.uk