Duggan inquest: family win right to challenge coroner’s direction to jury – The Guardian

Posted April 8th, 2014 in appeals, coroners, inquests, news, unlawful killing by sally

‘The family of Mark Duggan whose shooting by the Metropolitan police sparked riots across the country in 2011 have won the right to challenge a coroner’s directions to the jury that concluded the officer’s actions were lawful.’

Full story

The Guardian, 8th April 2014

Source: www.guardian.co.uk

Room for manoeuvre – Hardwicke Chambers

‘In R (on the application of MA & Ors) v The Secretary of State for Work and Pensions (Respondent) and The Equality and Human Rights Commission (Intervener) [2014] EWCA 13 the Court of Appeal has rejected appeals against the dismissal of claims for a judicial review of the so-called “bedroom tax”, bringing to an end – for the time being at least – months of speculation about the lawfulness of arguably the most controversial aspect of the Government’s welfare reform programme.’

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Hardwicke Chambers, 12th March 2014

Source: www.hardwicke.co.uk

Art 8 and private landowners after Manchester Ship Canal Developments v Persons Unknown – Hardwicke Chambers

Posted April 8th, 2014 in human rights, news, repossession, trespass by sally

‘There is still no definitive answer as to how art 8 of the ECHR will engage between private individuals in an action by a private landowner to recover possession from ab initio trespassers who have unlawfully set up home on his land. However, there has been a step forward in the Manchester Ship Canal case.’

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Hardwicke Chambers, 18th March 2014

Source: www.hardwicke.co.uk

Changes in the law on Habitual Residence – No. 5 Chambers

Posted April 8th, 2014 in children, domicile, news, residence orders, Supreme Court by sally

‘Over the last 12 months there have been substantial developments in the law on habitual residence following judgments handed down from the Supreme Court, most notably in the cases of Re A (Children: Habitual Residence) [2013] UKSC 60, and the recent decision of LC (children) [2014] UKSC 1, handed down in early January. This article will focus on the changes brought about by these two decisions.’

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No. 5 Chambers, 25th March 2014

Source: www.no5.com

Controlling the process: a practical view from the Bar – Littleton Chambers

Posted April 8th, 2014 in case management, civil procedure rules, costs, news, sanctions by sally

‘Alongside the continued wave of decisions on relief from sanctions applications, a few decisions are
now coming through that reflect the general shift in approaches to case management that many
practitioners may have encountered for themselves.’

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Littleton Chambers, 2nd April 2014

Source: www.littletonchambers.com

Supreme Court hands down judgment in Durkin v DSG Retail Limited and another – Henderson Chambers

‘On 26 March 2014 the Supreme Court handed down its decision in Durkin v DSG Retail Limited and another. The judgment in this long-running case addresses the issue of a consumer’s right, in the context of a debtor-creditor-supplier agreement, to rescind the credit agreement on lawful rescission of the sale agreement.’

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Henderson Chambers, 28th March 2014

Source: www.hendersonchambers.co.uk

A second bite of the cherry: Can a claimant bring a fresh claim having failed to obtain relief from sanctions? – Hardwicke Chambers

‘In the brave new world created by the Court of Appeal decision in Mitchell v Newsgroup Newspapers Ltd [2013] EWCA Civ 1537, claimants whose claims have been struck out for failure to comply with a rule, practice direction or order are honing in on second actions as a way of bringing their litigation back to life. The threatened slew of professional negligence suits post-Mitchell could be avoided if lawyers subject to a Mitchell strike-out are able to placate their clients by simply re-issuing proceedings against the defendant.’

Full story

Hardwicke Chambers, 13th March 2014

Source: www.hardwicke.co.uk

Amending a statement of case after limitation period has ended – Hardwicke Chambers

‘In Chandra & ors v Brooke North [2013] EWCA Civ 1559 the Court of Appeal gives practitioners and courts useful guidance about the correct approach to applications to amend introducing new claims outside limitation periods. The history of the case is a demonstration of the procedural knots and costly consequences for the parties that can be created when the lower courts go further than they should.’

Full story

Hardwicke Chambers, 13th March 2014

Source: www.hardwicke.co.uk

Article 8 – A chink in the landlord’s armour? A look at Southend on Sea BC v Armour – Hardwicke Chambers

Posted April 8th, 2014 in appeals, ASBOs, housing, local government, news, repossession by sally

‘Mr Armour lived with his 14 year old daughter in a flat owned by Southend under an introductory tenancy. Mr Armour was accused of anti-social behaviour, including verbally abusing neighbours and contractors, and turning on the electricity when contractors were working causing one to suffer an electric shock.’

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Hardwicke Chambers, 13th March 2014

Source: www.hardwicke.co.uk

Santander UK Plc v RA Legal Solicitors: A shift in balance in favour of lenders? – Hardwicke Chambers

Posted April 8th, 2014 in banking, breach of trust, causation, law firms, news, solicitors, trusts by sally

‘Section 61 of the Trustee Act 1925 gives the court power to relieve from liability a trustee who has committed a breach of trust, if he: (i) acted honestly and reasonably; and (ii) ought fairly to be excused for the breach.’

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Hardwicke Chambers, 13th March 2014

Source: www.hardwicke.co.uk

Expert determination: Hidden pitfalls – Hardwicke Chambers

‘Expert determination is a process in which parties to a contract jointly instruct a third party to decide an issue between them. Its advantages are self-evident: quick, cheap, informal and contract-based, it has obvious attractions and can be found in many commercial contracts.’

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Hardwicke Chambers, 3rd April 2014

Source: www.hardwicke.co.uk

Man kills wife’s pet ram in bitter divorce battle – Daily Telegraph

Posted April 8th, 2014 in animals, costs, divorce, financial provision, jurisdiction, news by sally

‘Husband who put to death wife’s pet ram is ordered to pay her £170,000 a year.’

Full story

Daily Telegraph, 8th April 2014

Source: www.telegraph.co.uk

Tobacco decision: the Court of Appeal emphasises finality – Competition Bulletin from Blackstone Chambers

Posted April 8th, 2014 in appeals, competition, news, price fixing, tribunals by sally

‘The Court of Appeal yesterday delivered a judgment that should finally draw a line under one of the Office of Fair Trading’s more troublesome cases – and which will presumably bring a great sigh of relief from the Competition and Markets Authority, the body that has now taken over the OFT’s functions.’

Full story

Competition Bulletin from Blackstone Chambers, 8th April 2014

Source: www.competitionbulletin.com

BAILII: Recent Decisions

Posted April 8th, 2014 in law reports by sally

Supreme Court

Cox v Ergo Versicherung AG [2014] UKSC 22 (2 April 2014)

Court of Appeal (Criminal Division)

King, R. v [2014] EWCA Crim 621 (03 April 2014)

Halliday v R [2014] EWCA Crim 620 (04 April 2014)

Court of Appeal (Civil Division)

The National Crime Agency (NCA) v Namli & Anor [2014] EWCA Civ 411 (04 April 2014)

Ryanair Ltd v HM Revenue and Customs [2014] EWCA Civ 410 (04 April 2014)

LH, R (on the application of) v Shropshire Council [2014] EWCA Civ 404 (04 April 2014)

The Office of Fair Trading v Somerfield Stores Ltd & Anor [2014] EWCA Civ 400 (07 April 2014)

Friends Life Ltd v Siemens Hearing Instruments Ltd [2014] EWCA Civ 382 (03 April 2014)

Bucci v Carman (Liquidator of Casa Estates (UK) Limited) [2014] EWCA Civ 383 (03 April 2014)

MW v Hertfordshire County Council [2014] EWCA Civ 405 (04 April 2014)

High Court (Queen’s Bench Division)

Macleod (By His Deputy And Litigation Friend, Macleod) v Commissioner of Police of the Metropolis [2014] EWHC 977 (QB) (03 April 2014)

High Court (Administrative Court)

Blake & Ors v London Borough of Waltham Forest [2014] EWHC 1027 (Admin) (07 April 2014)

Levett v The Health And Care Professions Council (“The HCPC”) [2014] EWHC 994 (Admin) (04 April 2014)

High Court (Chancery Division)

IBM UK Holdings Ltd & Anor v Dalgleish & Ors [2014] EWHC 980 (Ch) (04 April 2014)

Josife v Summertrot Holdings Ltd [2014] EWHC 996 (Ch) (04 April 2014)

High Court (Family Division)

Bristol City Council v AA & Anor [2014] EWHC 1022 (Fam) (28 March 2014)

Re L And M (Children: Private Law) V [2014] EWHC 939 (Fam) (28 March 2014)

High Court (Commercial Court)

Vitol Bahrain EC v Nasdec General Trading Llc & Ors [2014] EWHC 984 (Comm) (04 April 2014)

High Court (Technology and Construction Court)

University of Brighton v Dovehouse Interiors Ltd [2014] EWHC 940 (TCC) (04 April 2014)

Source: www.bailii.org

Command Papers – GOV.UK

Posted April 8th, 2014 in parliamentary papers by sally

Fourth Additional Protocol to the European Convention on Extradition, Cm 8806

Third Additional Protocol to the European Convention on Extradition, Cm 8805

Internal agreement on the financing of European Union Aid, Cm 8818

UK/Netherlands: Protocol amending the Convention for the avoidance of double taxation, Cm 8799

Source: www.gov.uk/government/publications

Jeremy Green gets life for ‘brutal’ murder of estate agent – BBC News

Posted April 8th, 2014 in armed forces, murder, news, sentencing by sally

‘A former soldier who stabbed his ex-girlfriend’s flatmate to death while holding the pair hostage has been jailed for life.’

Full story

BBC News, 7th April 2014

Source: www.bbc.co.uk

Director of the Serious Fraud Office v B – WLR Daily

Director of the Serious Fraud Office v B [2014] UKSC 23; [2014] WLR (D) 151

‘A person who had been extradited to the United Kingdom for trial on a criminal charge, and who prior to his extradition had been guilty of contempt of court by disobeying a court order, could be punished for the contempt notwithstanding that it was not the basis of his extradition.’

WLR Daily, 2nd April 2014

Source: www.iclr.co.uk

Haining v Warrington Borough Council – WLR Daily

Haining v Warrington Borough Council [2014] EWCA Civ 398; [2014] WLR (D) 152

‘When assessing whether the school the parents preferred to be named in their child’s statement of special educational needs would incur “unreasonable public expenditure” within section 9 of the Education Act 1996, a local authority was to have regard to all public expenditure by a public body, not only the expenditure incurred by that authority in discharging its education functions.’

WLR Daily, 2nd April 2014

Source: www.iclr.co.uk

Littlewoods Retail Ltd and others v Revenue and Customs Commissioners (No 2) – WLR Daily

Posted April 8th, 2014 in EC law, HM Revenue & Customs, interest, law reports, repayment, VAT by sally

Littlewoods Retail Ltd and others v Revenue and Customs Commissioners (No 2) [2014] EWHC 868 (Ch); [2014] WLR (D) 154

‘Sections 78 and 80 of the Value Added Tax Act 1994 could not be construed in such a way as to conform with European Union law and therefore had to be disapplied so as to allow the claimant companies to pursue their claims to recover the full value of overpaid value added tax.’

WLR Daily, 28th March 2014

Source: www.iclr.co.uk

‘Let’s Talk FGM’ – Garden Court Chambers Blog

Posted April 8th, 2014 in child abuse, female genital mutilation, health, international law, news by sally

‘Last week, Garden Court Chambers was delighted to welcome the Fabian Women’s Network for an evening of discussion about the pressing issue of female genital mutilation (FGM). On the panel, experts from the fields of law, politics, civil society campaigning and the health services talked about their experiences regarding FGM and made recommendations about what the Government must do if it is serious about ending the practice in the UK.’

Full story

Garden Court Chambers Blog, 7th April 2014

Source: www.gclaw.wordpress.com