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.’

Full story

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

Teacher Kelly Burgess sentenced for pupil sex – BBC News

’26-year-old drama teacher who admitted having sex with a pupil has been spared a prison sentence.’

Full story

BBC News, 7th April 2014

Source: www.bbc.co.uk

Not adding up – NearlyLegal

Posted April 8th, 2014 in appeals, homelessness, housing, local government, news, rent by sally

‘As the number of people becoming homeless from private sector accommodation continues to rise, and as private sector accommodation is used for discharge of duty and temporary accommodation by Councils, the issue of affordability becomes more and more important. Both intentional homeless decisions and suitability decisions can rest on affordability.’

Full story

NearlyLegal, 7th April 2014

Source: www.nearlylegal.co.uk

Paul Schmidt jailed for neglecting elderly mother – BBC News

‘A man has been jailed for 20 months for neglecting his elderly mother and defrauding her of thousands of pounds.’

Full story

BBC News, 7th April 2014

Source: www.bbc.co.uk

Termination of licence to operate soup kitchen was unlawful: High Court – Local Government Lawyer

Posted April 8th, 2014 in charities, food, licensing, local government, news by sally

‘A High Court judge has ruled that a local authority’s decision to terminate a charity’s licence to operate a ‘soup kitchen’ at one of the council’s car parks was unlawful.’

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Local Government Lawyer, 8th April 2014

Source: www.localgovernmentlawyer.co.uk

Panorama bailiffs investigation to be aired after high court bid fails – The Guardian

Posted April 8th, 2014 in bailiffs, BBC, debts, injunctions, media, news by sally

‘The bailiff and star of BBC show The Enforcers has failed in a high court bid to stop a John Sweeney Panorama investigation into debt recovery being broadcast.’

Full story

The Guardian, 7th April 2014

Source: www.guardian.co.uk

Changes to UK laws aim to further curb number of cases going to employment tribunal – OUT-LAW.com

Posted April 8th, 2014 in arbitration, dispute resolution, employment tribunals, fees, news by sally

‘Employees with a grievance against their employers will have to consider participation in a dispute resolution scheme run by the Advisory, Conciliation and Arbitration Service (Acas) before they can lodge a claim before an employment tribunal under changes to UK law that have come into force.’

Full story

OUT-LAW.com, 7th April 2014

Source: www.out-law.com

Beyond the veil: What happened after Rebekah Dawson refused to take her niqab off in court – The Independent

Posted April 8th, 2014 in freedom of expression, intimidation, Islam, news, terrorism, trials, witnesses by sally

‘If your memory is sufficiently jogged, you may recall the recent case of a female defendant who refused to remove her full-face veil in court. It prompted a predictable outbreak of public indignation and liberal soul-searching. The question boiled down to this: could, or should, an English court accommodate a woman who hid her face, citing religious precepts, in a country where the face and facial expression are regarded as key to identity?’

Full story

The Independent, 7th April 2014

Source: www.independent.co.uk

Newham Council refunds up to £347,000 in illegal parking fines – BBC News

Posted April 8th, 2014 in fines, local government, news, parking, repayment by sally

‘An east London council is refunding up to £347,000 to drivers after parking tickets were illegally issued by a dozen cameras.’

Full story

BBC News, 8th April 2014

Source: www.bbc.co.uk

Attorney general resists call to protect witnesses from court cross-examination – The Guardian

Posted April 8th, 2014 in attorney general, children, cross-examination, judiciary, news, trials, witnesses by sally

‘Dominic Grieve QC, the attorney general, has resisted calls for young and vulnerable witnesses to be cross-examined by a judge rather than several barristers to avoid aggressive courtroom questioning .’

Full story

The Guardian, 7th April 2014

Source: www.guardian.co.uk