Supreme Court places protection of vulnerable parties ahead of need for finality in litigation – Litigation Futures

‘The policy underlying the Civil Procedure Rules is that protected parties need protection not only from themselves but also from their legal advisers, the Supreme Court ruled yesterday.’

Full story

Litigation Futures, 13th March 2014


High Court brands claim of late budget filing “manifest nonsense” – Litigation Futures

Posted March 13th, 2014 in budgets, case management, costs, news, service, time limits by tracey

‘A High Court judge yesterday sought to “reinforce the message that the Commercial Court will firmly discourage the taking of futile and time-wasting procedural points” as it appeared the message from last month’s Summit Navigation ruling “may not yet have been heard”.’

Full story

Litigation Futures, 13th March 2014


Withers ordered to pay out £1.6m over negligence claim – Legal Futures

Posted March 13th, 2014 in damages, drafting, law firms, negligence, news, solicitors by tracey

‘Leading London law firm Withers has been ordered to pay £1.6m in damages after the High Court upheld a claim of professional negligence over the drafting of an LLP agreement.’

Full story

Legal Futures, 13th March 2014


Review of veterans within the Criminal Justice System: call for evidence – Ministry of Justice

Posted March 13th, 2014 in armed forces, consultations, criminal justice, rehabilitation by tracey

‘This review aims to identify properly the reasons for ex-Service personnel ending up in the justice system and how support can be improved.’

Full consultation

Full press release

Ministry of Justice, 13th March 2014


Are the judges too powerful? – Speech by The Rt Hon Lord Dyson, Master of the Rolls

Posted March 13th, 2014 in judges, judiciary, speeches by tracey

‘Mr Bentham was no great admirer of the judiciary. He once said “the same fungus, which when green, is made into Bar, is it not, when dry, made into Bench?” He distrusted the judges. When drafting a “New Plan for the organisation of the Judicial Establishment in France” in the 1820s, he was adamant that judges should not be permitted to legislate: “Appointed for the express purpose of enforcing obedience to the laws, their duty is to be foremost in obedience. Any attempt on the part of the judge to frustrate or unnecessarily to retard the efficacy of what he understands to have been the decided meaning of the legislature, shall be punished with forfeiture of his office.” ‘

Full story

Judiciary of England and Wales, 12th March 2014


Update for the profession from the Chairman of the Bar – The Bar Council

Posted March 13th, 2014 in barristers, fees, legal aid, news by tracey

‘Access to justice and the quality of our justice system are currently under threat on several fronts. As we face a number of challenges, I never fail to be impressed by the sense of unity across the profession, who are determined speak out for what we believe in. I for one have no intention to deviate from that course.’

Full story

The Bar Council, 12th March 2014


Not sex discrimination to dismiss employee for post-natal depression absence after maternity leave finished, says UK EAT –

‘It was neither sex discrimination nor discrimination related to pregnancy or maternity leave to dismiss an employee for excessive absences due to post-natal depression that took place after her maternity leave had ended, the Employment Appeal Tribunal (EAT) has found.’

Full story, 12th March 2014


Why an inquisitorial system for family courts won’t work – Halsbury’s Law Exchange

‘The Lord Chief Justice, Lord Thomas, delivered a speech last week in which he radically called for a judge-led inquisitorial system to be considered for family and civil courts. He commented that, within the family law arena, the current adversarial method of dealing with cases was ill-suited to both the types of cases seen there and the significant numbers of litigants in person who now make up large numbers of the users of that system.’

Full story

Halsbury’s Law Exchange, 12th March 2014


Statutory backing for pre-nups – a welcome proposal – Halsbury’s Law Exchange

Posted March 13th, 2014 in Law Commission, news, prenuptial agreements, reports by tracey

‘The Law Commission began in 2009 to examine the status and enforceability of marital property agreements, which we refer to as pre-nups. Pre-nups do not currently have statutory backing, but this may be about to change. In their report published on 27 February 2014, the Law Commission recommended the introduction of legally binding “qualifying nuptial agreements”. The report, Matrimonial Property Needs and Agreements, includes a draft bill which would bring pre-nups into law.’

Full story

Halsbury’s Law Exchange, 11th March 2014


Recent Statutory Instruments –

Posted March 13th, 2014 in legislation by tracey

The Insolvency Proceedings (Fees) (Amendment) Order 2014

The Child Maintenance and Other Payments Act 2008 (Commencement No. 13) Order 2014

The Measuring Instruments (EEC Requirements) (Fees) (Amendment) Regulations 2014

The Competition and Markets Authority (Penalties) Order 2014

The Public Gas Transporter Pipe-line Works (Environmental Impact Assessment) (Amendment) (England) Regulations 2014

The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014

The Occupational Pension Schemes (Miscellaneous Amendments) Regulations 2014

The Housing Benefit (Habitual Residence) Amendment Regulations 2014

The Air Navigation (Amendment) Order 2014

The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2014

The Transfer of Functions (Royal Mail Pension Plan) Order 2014

The Prevention of Oil Pollution (Convention Countries) (Revocation) Order 2014

The Legislative Reform (Payments by Parish Councils, Community Councils and Charter Trustees) Order 2014

The Patents (Amendment) Rules 2014

The Co-ordination of Regulatory Enforcement (Enforcement Action) (Amendment) Order 2014

The Guaranteed Minimum Pensions Increase Order 2014


S v Minister voor Immigratie, Integratie en Asiel; Minister voor Immigratie, Integratie en Asiel v G – WLR Daily

Posted March 13th, 2014 in EC law, families, freedom of movement, law reports by tracey

S v Minister voor Immigratie, Integratie en Asiel;  Minister voor Immigratie, Integratie en Asiel v G: (Case C-457/12);   [2014] WLR (D)  121

‘A member state was entitled, pursuant to Parliament and Council Directive 2004/38/EC, to refuse to grant a right of residence to a third country national who was a family member of a Union citizen where that citizen was a national of and resided in that member state but regularly travelled to another member state in the course of his professional activities. However, article 45FEU of the FEU Treaty conferred on a third country national who was the family member of a Union citizen a derived right of residence in the member state of which that citizen was a national, where the citizen resided in that member state but regularly travelled to another member state as a worker within the meaning of that provision, if the refusal to grant such a right of residence discouraged the worker from effectively exercising his rights under article 45FEU, which was for the referring court to determine.’

WLR Daiily, 12th March 2014



O v Minister voor Immigratie, Integratie en Asiel; Minister voor Immigratie, Integratie en Asiel v B – WLR Daily

Posted March 13th, 2014 in EC law, families, freedom of movement, law reports by tracey

O v Minister voor Immigratie, Integratie en Asiel; Minister voor Immigratie, Integratie en Asiel v B: (Case C-456/1;   [2014] WLR (D)  120

‘Article 21(1)FEU of the FEU Treaty meant that where a Union citizen had created or strengthened a family life with a third country national during genuine residence, pursuant to and in conformity with the conditions set out in articles 7(1) and (2) and article 16(1) and (2) of Parliament and Council Directive 2004/38/EC in a member state other than that of which he was a national, the provisions of the Directive applied by analogy where that Union citizen returned, with the family member in question, to his member state of origin.’

WLR Daily, 12th March 2014


BAILII: Recent Decisions

Posted March 13th, 2014 in law reports by tracey

Supreme Court

British Sky Broadcasting Ltd, R (on the application of) v The Commissioner of Police of the Metropolis [2014] UKSC 17 (12 March 2014)

Dunhill v Burgin [2014] UKSC 18 (12 March 2014)

Court of Appeal (Civil Division)

Duce v Worcestershire Acute Hospitals NHS Trust [2014] EWCA Civ 249 (12 March 2014)

Evans, R (on the application of) v HM Attorney General & Anor [2014] EWCA Civ 254 (12 March 2014)

Johnson v Warburtons Ltd [2014] EWCA Civ 258 (12 March 2014)

Southend-On-Sea Borough Council v Armour [2014] EWCA Civ 231 (12 March 2014)

Evans v The Information Commissioner & Ors [2014] EWCA Civ 253 (12 March 2014)

High Court (Commercial Court)

Newland Shipping and Forwarding Ltd v Toba Trading FZC [2014] EWHC 661 (Comm) (12 March 2014)

Rattan v UBS AG, London Branch [2014] EWHC 665 (Comm) (12 March 2014)

High Court (Queen’s Bench Division)

Stevens v Equity Syndicate Management Ltd [2014] EWHC 689 (QB) (12 March 2014)


Child Support – What Is Going On? – Family Law Week

Posted March 13th, 2014 in child support, fees, government departments, news by tracey

‘Jody Atkinson TEP, barrister at St John’s Chambers, Bristol, considers the ongoing changes to the Child Support Act system.’

Full story

Family Law Week, 12th March 2014


High Court rules dead partner’s sperm can be kept despite lack of written consent – UK Human Rights Blog

‘Elizabeth Warren -v- Care Fertility (Northampton) Limited and Other [2014] EWHC 602 (Fam). The High Court has ruled in favour of a 28-year-old woman who wanted her late husband’s sperm to be retained even though the correct written consent was not in place. Mrs Justice Hogg (“Hogg J”) ruled that Mrs Warren has a right under Article 8 of the European Convention on Human Rights (the right to respect for private and family life) to decide to become a parent by her deceased husband.’

Full story

UK Human Rights Blog, 12th March 2014


Bank of England calls in leading QC to investigate forex-rigging claims – The Guardian

Posted March 13th, 2014 in banking, barristers, financial regulation, inquiries, insider dealing, news by tracey

‘The Bank of England has called in one of the most respected figures in the legal world, Anthony Grabiner QC, to investigate allegations that some of its staff may have been involved in manipulating the £3 trillion-a-day foreign exchange markets for almost 10 years.’

Full story

The Guardian, 12th March 2014


Chancel repair liability: The ancient law that could hit house prices – BBC News

Posted March 13th, 2014 in Church of England, ecclesiastical law, news, repairs by tracey

‘An ancient law which can force homeowners to pay for their local church’s repairs is blighting properties and depressing house sales, say campaigners. But what is chancel repair liability and what is the best way to deal with it?.’

Full story

BBC News, 13th March 2014


Vulnerable people ‘being kept prisoner in care homes’ – The Guardian

‘Tens of thousands of the most vulnerable patients are effectively being kept prisoner in care homes and hospitals through misuse of mental health laws, a damning House of Lords investigation has found.’

Full story

The Guardian, 13th March 2014