David Partington’s unique take on the Mitchell decision – Sovereign Chambers

Posted December 3rd, 2013 in appeals, budgets, civil procedure rules, costs, news by sally

‘The ramifications of “Plebgate” rumble on, not merely in the corridors of Whitehall and “the Met.” Much more seriously (some would say) it has now impinged into the arena of the “Jackson Reforms” and sanctions for relief against failure to abide by the Civil Procedure Rules in general. Andrew Mitchell MP v News Group Newspapers Limited (citation above) took place in the context of costs budgeting and the failure to provide the necessary budget in time, but it is also an important case with wider implications concerning the approach of the court to failures to comply with orders or directions of the Court or procedures of the CPR post “Jackson”. Many practitioners will be alarmed by the result.’

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Sovereign Chambers, 28th November 2013

Source: www.sovereignchambers.co.uk

The Court of Appeal’s Clear Message on New Costs Regime – Littleton Chambers

Posted December 3rd, 2013 in appeals, budgets, costs, news, solicitors by sally

‘The Master of the Rolls has delivered a unanimous judgment limiting Andrew Mitchell MP’s legal costs in his defamation action against “The Sun” newspaper to his court fees only despite his budget being in excess of £500,000. This is the first time the Court of Appeal has considered sanctions under the new Jackson costs regime and is a sobering lesson for litigators.’

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Littleton Chambers, 27th November 2013

Source: www.littletonchambers.com

Ramifications of the Mitchell Costs Appeal – Hardwicke Chambers

Posted December 3rd, 2013 in appeals, budgets, civil procedure rules, costs, news, solicitors by sally

‘There have been lots of sound bites from today’s costs and CPR compliance judgment dismissing the appeal in Mitchell v News Group Newspapers Limited [2013] EWCA Civ 1526. Other articles will detail the Court’s findings, although I suggest it would be negligent for any civil litigator not to read the entire judgment. It is the most far-reaching decision in civil litigation since the introduction of the CPR in 1999. I plan to analyse the consequences (and unintended consequences) for litigators, the Courts and civil litigation generally. My initial tweet was: “Mitchell costs appeal dismissed. Check your insurance policies litigators. The CPR alligators are coming and this time they’re hungry!” Here are my views, not limited to 140 characters.’

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Hardwicke Chambers, 27th November 2013

Source: www.hardwicke.co.uk

Inheritance Tax Planning and Trusts – New Square Chambers

Posted December 3rd, 2013 in consultations, inheritance tax, news, trusts by sally

‘The Finance Act 2006 introduced significant changes to the Inheritance Tax (IHT) treatment of
trusts with effect from 22 March 2006. The purpose of this paper is to investigate estate planning
opportunities which are still available both (a) during the lifetime of an individual and (b) on death.’

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New Square Chambers, 28th November 2013

Source: www.newsquarechambers.co.uk

Professional Negligence and Purchases of Property in Joint Names – Zenith Chambers

Posted December 3rd, 2013 in cohabitation, conveyancing, negligence, news, trusts by sally

‘The purpose of this article is to consider the increasingly common situation where purchasers buy property in their joint names, subject to an express declaration of trust, and where one party has contributed significantly more towards the purchase price (or may have provided all of the funds for the purchase). The same principles apply whether the purchase is by cohabitees, family members or friends.’

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Zenith Chambers, 27th November 2013

Source: www.zenithchambers.co.uk

Sitting in the garden may be pleasant but it’s no holiday – Hardwicke Chambers

‘For a case about garden leave, the apparently aptly named (the irony comes later) employee was a Mr Holliday. He is a stockbroker. On 5 July 2013 he gave notice to his employers that he was intending to leave to join a competitor. On 10 July 2013 he was placed on garden leave. The contract under which he worked had been amended in 2008. It provided for 12 months garden leave on notice to terminate being given. At the same time, his salary was tripled from £40,000 to £120,000 per year. He had an exit interview on 29 July 2013, the purpose of which was to ensure he understood the conditions of his garden leave.’

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Hardwicke Chambers, 22nd November 2013

Source: www.hardwicke.co.uk

Court of Appeal clarifies “lawsuits pending” in Art 32 of EC Directive 2001/24 on Reorganisation and Winding Up of Credit Institutions – 11 Stone Buildings

Posted December 3rd, 2013 in appeals, EC law, foreign jurisdictions, insolvency, news, winding up by sally

‘In a judgment handed down today (Isis Investments Ltd v Kaupthing Bank h.f. & Elfar Adalsteinsson [2013] EWCA Civ 1493), the Court of Appeal has clarified the meaning and scope of “lawsuits pending” in Article 32 of the EC Directive on the Reorganisation and Winding Up of Credit Institutions (Directive 2001/24/EC). Charles Samek QC who acted for the successful respondent, Mr Adalsteinsson (acting as a representative party on behalf of high net-worth investors) explains the significance of the judgment.’

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11 Stone Buildings, 27th November 2013

Source: www.11sb.com

Legal Aid cuts challenge democratic notion of justice – The Lawyer

Posted December 3rd, 2013 in criminal justice, law firms, legal aid, news by sally

‘New research highlights the impact of Government cuts on lawyers entering criminal practice.’

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The Lawyer, 2nd December 2013

Source: www.thelawyer.com

Radical overhaul of sentencing continues – Ministry of Justice

Posted December 3rd, 2013 in community service, news, penalties, sentencing by sally

‘From this month community sentences will have to include an element of punishment, as the radical overhaul of sentencing continues Justice Secretary Chris Grayling said today.’

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Ministry of Justice, 2nd December 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

BAILII: Recent Decisions

Posted December 3rd, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Brown, R. v [2013] EWCA Crim 2023 (29 October 2013)

Dyer & Ors, R. v [2013] EWCA Crim 2114 (05 November 2013)

Docherty -Puncheon, R. v [2013] EWCA Crim 2027 (29 October 2013)

Court of Appeal (Civil Division)

Bloy v Motor Insurers’ Bureau [2013] EWCA Civ 1543 (29 November 2013)

Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc [2013] EWCA Civ 1541 (29 November 2013)

European Risk Insurance Company HF v McManus & Ors (t/a McManus Seddon Runhams (a firm)) [2013] EWCA Civ 1545 (02 December 2013)

High Court (Queen’s Bench Division)

Schumann & Anor v Wasbrough [2013] EWHC 3730 (QB) (29 November 2013)

Dewji v Banwaitt [2013] EWHC 3746 (QB) (29 November 2013)

High Court (Chancery Division)

Test Claimants In the Franked Investment Income Group Litigation v Inland Revenue & Anor [2013] EWHC 3757 (Ch) (29 November 2013)

Forstater & Anor v Python (Monty) Pictures Ltd & Anor [2013] EWHC 3759 (Ch) (29 November 2013)

Rivertrade Ltd v EMG Finance Ltd & Ors [2013] EWHC 3745 (Ch) (28 November 2013)

High Court (Administrative Court)

Sanders & Anor v Airports Commission & Anor [2013] EWHC 3754 (Admin) (02 December 2013)

Sellars, R (on the application of) v Basingstoke & Deane Borough Council [2013] EWHC 3673 (Admin) (21 November 2013)

High Court (Family Division)

W v H [2013] EWHC 3756 (Fam) (29 November 2013)

High Court (Commercial Court)

The Insurance Company of the State of Pennsylvania v Equitas Insurance Ltd [2013] EWHC 3713 (Comm) (29 November 2013)

High Court (Patents Court)

Actavis UK Ltd v Eli Lilly & Company [2013] EWHC 3749 (Pat) (27 November 2013)

Source: www.bailii.org

The Future of Legal Regulation – Legal Services Board

Posted December 3rd, 2013 in legal services, Legal Services Board, news, speeches by sally

The Future of Legal Regulation (PDF)

Legal Services Board, 20th November 2013

Source: www.legalservicesboard.org

Support for vulnerable women and taxpayers in court fees changes – Ministry of Justice

Posted December 3rd, 2013 in civil justice, consultations, courts, domestic violence, fees, injunctions, news by sally

‘People taking high value cases through civil courts in England and Wales will be expected to pay much more towards their running costs, Courts Minister Shailesh Vara has announced – while the fees for domestic violence injunctions will be scrapped.’

Full story

Ministry of Justice, 3rd December 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Recent Statutory Instruments – legislation.gov.uk

Posted December 3rd, 2013 in legislation by sally

The Rent Officers (Housing Benefit and Universal Credit Functions) (Local Housing Allowance Amendments) Order 2013

The Income-related Benefits (Subsidy to Authorities) Amendment (No. 2) Order 2013

The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) (Northern Ireland) Order 2013

The National Health Service (Approval of Licensing Criteria) Order 2013

The Firearms (Amendment) (No. 2) Rules 2013

The Energy Supply Company Administration (Amendment) Rules 2013

The Taxation of Chargeable Gains (Gilt-edged Securities)  (No. 2) Order 2013

The Town and Country Planning (Development Management Procedure and Section 62A Applications) (England) (Amendment) Order 2013

The Child Maintenance and Other Payments Act 2008 (Commencement No. 12 and Savings Provisions) and the Welfare Reform Act 2012 (Commencement No. 15) Order 2013

The Air Navigation (Restriction of Flying) (Oban Aerodrome) Regulations 2013

The Veterinary Surgeons’ Qualifications (Recognition) (Switzerland and Croatia) Regulations 2013

The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) (No.4) Order 2013

The Education (Listed Bodies) (England) Order 2013

The Education (Recognised Bodies) (England) Order 2013

The Authorised Investment Funds (Tax) (Amendment) (No. 2) Regulations 2013

Source: www.legislation.gov.uk

Bloy and another v Motor Insurers’ Bureau – WLR Daily

Bloy and another v Motor Insurers’ Bureau [2013] EWCA Civ 1543; [2013] WLR (D) 464

‘The law applicable to the assessment of compensation under regulation 13(2)(b) of the Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003 was to be assessed by reference to the law of the part of Great Britain where the injured party resided. The limitation on the assessment of compensation under Lithuanian law was not, under English principles of private international law, a matter of substantive law governed by Lithuanian law.’

WLR Daily, 29th November 2013

Source: www.iclr.co.uk

Abu Qatada: Trial date set for cleric – BBC News

Posted December 3rd, 2013 in foreign jurisdictions, news, terrorism, trials by sally

‘The trial of radical cleric Abu Qatada, deported from the UK in July, is to begin in Jordan next week, his lawyer says.’

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BBC News, 3rd December 2013

Source: www.bbc.co.uk

Children and Families Bill 2013 – all change, but is it for the better? – Halsbury’s Law Exchange

Posted December 3rd, 2013 in adoption, bills, care orders, children, families, fostering, news, time limits by sally

‘The Children and Families Bill 2013 represents one of the biggest shake-ups of the law relating to family life in years.’

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Halsbury’s Law Exchange, 3rd december 2013

Source: www.halsburyslawexchange.co.uk

All out – barristers step up legal aid opposition with morning of ‘non-attendance’ – Legal Futures

Posted December 3rd, 2013 in barristers, fees, industrial action, legal aid, news by sally

‘The Criminal Bar Association (CBA) has announced a morning of ‘non-attendance’ on the first day of the new court term next year in a major escalation of its opposition to the government’s legal aid cuts.’

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Legal Futures, 2nd December 2013

Source: www.legalfutures.co.uk

Ex-Times lawyer to face tribunal over claims he allowed court to be misled – The Guardian

‘The former legal manager of the Times newspaper is to appear before a tribunal this week over an allegation that he allowed a court to be misled over the unmasking of a detective writing the anonymous Nightjack blog.’

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The Guardian, 2nd December 2013

Source: www.guardian.co.uk

Ministers to develop single public services ombudsman for England – Local Government Lawyer

Posted December 3rd, 2013 in local government, news, ombudsmen, reports by sally

‘The Government is to develop plans for a single public services ombudsman for England, it has been announced.’

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Local Government Lawyer, 2nd December 2013

Source: www.localgovernmentlawyer.co.uk

Slavery – then and, yes, now – Halsbury’s Law Exchange

Posted December 3rd, 2013 in false imprisonment, human rights, news, trafficking in human beings by sally

‘The recent story of three women being freed after an alleged 30 years held captive in a South London house has aroused enormous public interest. It is a shocking example of modern day slavery. Perhaps it is so shocking because we assume that the very practice of slavery no longer exists here; that it lives on only in the history books.’

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Halsbury’s Law Exchange, 2nd December 2013

Source: www.halsburyslawexchange.co.uk