These Things Take Time – Zenith Chambers

Posted February 14th, 2014 in limitations, negligence, news, personal injuries by sally

‘On 11th December 2013 the Court of Appeal gave judgment in Davidson v Aegis [2013] EWCA Civ 1586. The case provides a useful and up to date reminder of the applicable principles when a Court is asked to use section 33 of the Limitation Act 1980 to disapply the primary limitation period in a personal injuries action.’

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Zenith Chambers, 5th February 2014

Source: www.zenithchambers.co.uk

Chat Rooms and 21st Century Insider Dealing – Six Pump Court

Posted February 14th, 2014 in banking, financial regulation, insider dealing, internet, news by sally

‘Just when the bankers and financiers of the world thought it was safe to begin trading again in the shark infested waters of high finance after showing their contrition with the payment of multi-billion dollar fines to various regulators worldwide following the debacle of the Libor Scandal, a further scandal is looming which has the potential to dwarf Libor and lead to further collateral investigations into other asset classes across the board – welcome to the year of the Forex!’

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Six Pump Court, 12th February 2014

Source: www.6pumpcourt.co.uk

Extensions of time for witness statements post Mitchell and Lloyd ~ Don’t be caught out – 11 Stone Buildings

Posted February 14th, 2014 in civil procedure rules, consent orders, news, time limits, witnesses by sally

‘The recent decision in MA A Lloyd & Sons Ltd v PPC International Ltd [2014] EWHC 41 (QB) provides that parties who agree to extend time for service of witness statements must also apply to the Court for an order by consent. A mere written agreement is not sufficient. In the post-Mitchell, post-Lloyd world, parties are increasingly unlikely to agree extensions of time. Tom Shepherd considers the decision in Lloyd and highlights some practical pointers which parties who need to make or respond to an application to extend time for witness statements can consider. He also explains why this decision leaves us with a few unresolved questions.’

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11 Stone Buildings, February 2014

Source: www.11sb.com

Fact or Friction – Horner v Norman – Zenith Chambers

Posted February 14th, 2014 in accidents, evidence, expert witnesses, negligence, news, personal injuries, road traffic by sally

‘It can be difficult at the best of times to establish liability in claims involving pedestrians. Expert evidence should, hopefully, make the task easier, but this case is a useful reminder that even seemingly robust expert evidence may not be enough for a party to succeed.’

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Zenith Chambers, 5th February 2014

Source: www.zenithchambers.co.uk

The High Court’s new Planning Court – Thirty Nine Essex Street

Posted February 14th, 2014 in bills, courts, judicial review, news, planning by sally

‘The High Court is now to include a formally designated Planning Court and permission to apply will be required for section 288 applications against planning decisions in the latest government reforms to judicial review and related proceedings. Ministers have just published their response to the latest reform proposals and the Criminal Justice and Courts Bill 2014 proposing changes to judicial review.’

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Thirty Nine Essex Street, February 2014

Source: www.39essex.com

Private Prosecutions: The foundations are laid – Six Pump Court

Posted February 14th, 2014 in abuse of process, compensation, confiscation, fraud, news, police, private prosecutions by sally

‘The headline in The Guardian on Wednesday 29th January 2014 (“Metropolitan Police accused of acting on behalf of big business”) would undoubtedly have caused a stir amongst private prosecutors, public prosecutors, the police, the Home Office and others interested in the issue of commercial organisations seeking redress in the criminal courts in relation to crimes committed against them. The story, based upon observations made by the Lord Chief Justice in a recent Court of Appeal case, queried the efficacy of private prosecutions brought in such circumstances and – quoting labour MP Tom Watson and Jenny Jones, a London assembly member for the Green party – suggested that they represented the “…creeping privatisation of policing…”. The former spoke of “…two tier-policing where corporate interests can buy the time of the police…” whilst the latter complained, “I hate the thought that if you are rich you can buy more justice than if you are poor…”. And yet at a time when funding for public bodies – and in particular prosecuting authorities – is under such severe strain, it is inevitable that there will be a growing demand for the private sector to operate in areas that were once solely or mainly inhabited by the state. Private prosecutions are here to stay – that much is clear from the case concerned. But are the criticisms levelled against them fair? And what is the real impact of the case on private prosecutions, confiscation and compensation and the very real problem of fraud on commerce? ‘

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Six Pump Court, 5th February 2014

Source: www.6pumpcourt.co.uk

Getting section 146 notices right: Anders v Haralambous – Hardwicke Chambers

Posted February 14th, 2014 in appeals, covenants, leases, news, repossession by sally

‘Despite the 146 notice having been around, in one form or another, for more than 130 years, it is still causing as much angst as ever. The High Court appeal in Anders v Haralambous [2013] EWHC 2676 (QB), in which John de Waal QC acted for the Respondent, highlights the added complication of the interaction between s146 and the determination of breach pursuant to s168 of the Commonhold and Leasehold Reform Act 2002.’

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Hardwicke Chambers, 4th February 2014

Source: www.hardwicke.co.uk

The Doctor’s Note – Zenith Chambers

Posted February 14th, 2014 in adjournment, evidence, expert witnesses, health, medical treatment, news by sally

‘We are all sadly familiar with the last-minute application for an adjournment backed
by a doctor’s note, on the grounds that the defendant, claimant or important witness
is unfit to attend Court. Almost inevitably, the note in question is unsatisfactory or
insufficient. It frequently takes the jejune form of “Mrs X is suffering from an anxiety
state and is unfit to attend Court”, and that is all.’

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Zenith Chambers, 5th February 2014

Source: www.zenithchambers.co.uk

When is a bedroom not a bedroom? – Hardwicke Chambers

Posted February 14th, 2014 in benefits, disabled persons, housing, news by sally

‘Iain Duncan Smith, the Work and Pensions Secretary, could be forgiven for thinking that 2014 is not shaping up to be a great year for him. In the last month, the list of tribunal decisions freeing tenants from the so-called bedroom tax has been growing ever larger.’

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Hardwicke Chambers, 12th February 2014

Source: www.hardwicke.co.uk

Do contractual principles apply to section 35(d) of the Partnership Act 1890? The CoA sets the record straight – 11 Stone Buildings

Posted February 14th, 2014 in contracts, law firms, news, partnerships by sally

‘The Court of Appeal’s judgment in Bishop v Golstein [2014] EWCA Civ 10, handed down on 5th February 2014, and the first instance decision of Christopher Nugee QC (now Nugee J) (reported at [2014] Ch 131) both contain useful guidance for partnership lawyers advising clients in connection with dissolution and remedies where the partnership relationship has irretrievably broken down. Whether a partnership can be dissolved by acceptance of arepudiatory breach is probably one of the most contentious issues in modern partnership law. The first instance decision is now the leading authority on this issue in two partners firms, whilst the Court of Appeal’s decision sets out some pointers. Amanda Eilledge explains.’

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11 Stone Buildings, February 2014

Source: www.11sb.com

Entire Agreement Clauses & Requirements for Variations/Waivers in Writing: Energy Venture Partners Ltd v Malabu Oil and Gas Ltd – Henderson Chambers

Posted February 14th, 2014 in agreements, contracts, news by sally

‘One encounters the following situation fairly routinely in practice. On Monday the parties sign a carefully drafted and negotiated contract intended to govern all aspects of their relationship. Detailed mechanisms purport to cater for all eventualities. By Friday, the parties have slipped into a mode of performance which, in material respects, differs radically from the provisions of the contract.’

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Henderson Chambers, 10th February 2014

Source: www.hendersonchambers.co.uk

Fixed term tenancies: How hard can it be for a social landlord? – Hardwicke Chambers

Posted February 14th, 2014 in fixed-term contracts, landlord & tenant, leases, news by sally

‘In November 2010 the Housing Minister Grant Shapps identified what he perceived to be a problem with social housing:

“For far too long in this country there has been a lazy consensus about the use of social housing, which has left one of our most valuable resources trapped in a system that helps far fewer people than it should. This out-of-date approach has seen waiting lists rocket and is unfair to people who genuinely need social homes. They trap existing tenants in poverty, often in homes that aren’t suitable for them.”

After consultation the Government came up with some proposed solutions which involved a radical re-think of the way social housing was to be allocated and administered. The ideas included: flexible tenancies, fairer allocations, greater mobility, fairer provision for homeless, affordable rents and tenants’ powers of scrutiny.’

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Hardwicke Chambers, 12th February 2014

Source: www.hardwicke.co.uk

What are the Wider Implications of the Impending Tax Changes of Members of an LLP? – Littleton Chambers

‘The impending tax changes for the taxation of the members of LLP have been generating significant concerns, not only for our LLP clients but also Law firms themselves. The prospect of firms having a NIC liability, and the tax consequences for individual members themselves, have concentrated legal minds both internally and externally.’

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Littleton Chambers, 4th February 2014

Source: www.littletonchambers.com

When is it just to rectify the register of town or village greens under section 14 of the Commons Registration Act 1965? – New Square Chambers

Posted February 14th, 2014 in commons, land registration, news, rectification by sally

‘An erroneous decision to register land as a village green is catastrophic for the owner. Once
registered as a green, the land is effectively sterilised for ever. To put right a mistaken registration is not at all easy. This is for two reasons.’

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New Square Chambers, 7th February 2014

Source: www.newsquarechambers.co.uk

Judicial Review In Planning – Further Changes Are Afoot! –

Posted February 14th, 2014 in costs, judicial review, news, planning, protective costs orders by sally

‘Following recent announcements in the press, including a front page headline in The Times this week, the Government published the Criminal Justice and Courts Bill on Wednesday, 5 February 2014. Part 4 of the Bill contains a number of important changes to be introduced which seek, in the words of the Lord Chancellor, to prevent judicial review from being a “brake on growth”. However, whilst it has been reported in the national press that the proposals mean that only individuals or groups with a financial interest in a case will be able to bring a challenge, this is inaccurate. The Government originally proposed narrowing the test for standing so as to restrict the availability of judicial review to those with a “direct interest” but that proposal has now been dropped.’

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No. 5 Chambers, 6th February 2014

Source: www.no5.com

Cramaso LLP v Ogilvie-Grant (Earl of Seafield) and others – WLR Daily

Cramaso LLP v Ogilvie-Grant (Earl of Seafield) and others [2014] UKSC 9; [2014] WLR (D) 64

‘A contracting party could be liable in negligence for a representation made in pre-contractual negotiations which induced the conclusion of the contract by someone other than the original representee.’

WLR Daily, 12th February 2014

Source: www.iclr.co.uk

Regina (Thompson) v Oxford City Council (Spearmint Rhino Ventures (UK) Ltd intervening) – WLR Daily

Posted February 14th, 2014 in law reports, licensing, local government, sex establishments by sally

Regina (Thompson) v Oxford City Council (Spearmint Rhino Ventures (UK) Ltd intervening) [2014] EWCA Civ 94; [2014] WLR (D) 62

‘Where an application was made to renew a sexual entertainment venue licence, the decision maker had to have due regard to fact that the earlier licence had been granted. If no relevant circumstances had changed, he was required to give his reasons for departing from the previous decision when renewal was refused.’

WLR Daily, 11th February 2014

Source: www.iclr.co.uk

Regina (A) v Chief Constable of C Constabulary – WLR Daily

Posted February 14th, 2014 in criminal records, judicial review, law reports, police, vetting by sally

Regina (A) v Chief Constable of C Constabulary [2014] EWHC 216 (Admin); [2014] WLR (D) 63

‘The proper application of the non police personnel vetting process set out in the national vetting policy devised by the Association of Chief Police Officers required the adoption of a two-stage test, namely: (i) whether there were reasonable grounds for suspecting that X was or had been involved in criminal activity; and (ii) if so, whether it was appropriate in all the circumstances for security clearance to be refused.’

WLR Daily, 12th February 2014

Source: www.iclr.co.uk

Reforms to help reduce reoffending come into force – Ministry of Justice

Posted February 14th, 2014 in criminal records, news, rehabilitation, time limits by sally

‘Reforms which will cut the amount of time some offenders need to disclose details of any low level convictions will come into effect next month, Justice Minister Simon Hughes said today.’

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Ministry of Justice, 13th February 2014

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

Fees under the Licensing Act 2003 – Home Office

Posted February 14th, 2014 in fees, licensing, news by sally

‘The Licensing Act 2003 (the 2003 Act) regulates the sale of alcohol, the provision of late night refreshment and regulated entertainment in England and Wales, and is primarily administered by local authorities, acting in their capacity as licensing authorities. Licensing fees are intended to recover the costs that licensing authorities incur in carrying out these licensing functions. Licensing fees are payable to licensing authorities by holders of licences and certificates, and those making applications or issuing notices. This can include, for example, pubs, shops, restaurants and private members’ clubs (such as working men’s clubs).’

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Home Office, 13th February 2014

Source: www.gov.uk/home-office