MMR vaccine: lawyers sued for pursuing claim based on link to autism – The Guardian

Posted June 26th, 2014 in autism, class actions, law firms, medical treatment, negligence, news, time limits by sally

‘A man is suing his former legal team for pursuing “hopeless claims” based on flawed research into the MMR vaccine, it has emerged.’

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The Guardian, 26th June 2014

Source: www.guardian.co.uk

Dreadlock holiday pay – Hardwicke Chambers

Posted June 26th, 2014 in EC law, employment tribunals, holiday pay, news, remuneration, working time by sally

’10cc were a great band – from a decade of great bands of course – “Dreadlock holiday” an iconic track and I don’t like cricket, no no, I love it. So what a joy to be able to reference this title to a very significant employment case reported last week. How come? Well the pun starts here: (1) the case is Lock v British Gas Trading Limited (2) it is all about holiday pay and (3) employers will dread its implications.’

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Hardwicke Chambers, 10th June 2014

Source: www.hardwicke.co.uk

Hallam Estates v Baker : Extensions of time – time to get along? – Henderson Chambers

Posted June 26th, 2014 in agreements, appeals, civil procedure rules, delay, news, sanctions, time limits by sally

‘Lord Justice Jackson took this appeal as an opportunity to stress the importance of parties acting reasonably in agreeing to extensions of time where court hearings are not disrupted. Whilst one might have expected courts to be less approving of parties granting each other extensions of time following the 1 April 2013 reforms, the contrary appears to be the case: Jackson LJ made it quite clear that “…it was no part of my recommendations that parties should refrain from agreeing reasonable extensions of time, which neither imperil hearing dates nor otherwise disrupt the proceedings” (at [30]).

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Henderson Chambers, 27th May 2014

Source: www.hendersonchambers.co.uk

Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 – 4 New Square

Posted June 26th, 2014 in consumer protection, contracts, news, regulations, solicitors by sally

‘With over a decade of fairly fundamental regulatory challenges brought about by the Access to
Justice Act 1999, s.58 Courts and Legal Services Act 1990 (Conditional Fee legislation) and more
recently LASPO (Jackson and DBAs), not to mention the overhaul of the Solicitors Code of Conduct to
its present guise of the Handbook in October 2011, one would be forgiven for thinking that the
solicitors profession is already sufficiently regulated without yet more intricate legislation. However,
it seems not. It is now necessary for the profession to get to grips with this latest round of
regulation bestowed upon the profession by Brussels.’

Full story (PDF)

4 New Square, 11th June 2014

Source: www.4newsquare.com

Property mediation in the post-Jackson and the Mitchell world – Hardwicke Chambers

Posted June 26th, 2014 in arbitration, budgets, civil procedure rules, costs, news by sally

‘It has been clear for a while that both politicians and many members of the judiciary have left behind their initial scepticism and now become fervent supporters of formal alternative dispute resolution (ADR) processes, mediation in particular.’

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Hardwicke Chambers, 13th June 2014

Source: www.hardwicke.co.uk

Fruit machines and Blue Monkeys: can administrators be personally liable for converting ROT goods? – 11 Stone Buildings

Posted June 26th, 2014 in administrators, gambling, insolvency, news, title to goods by sally

‘Administrators are often faced with a large number of retention of title (“ROT”) claims from suppliers who demand a quick adjudication of their claim, frequently on the back of incomplete evidence, and in the days immediately following an appointment when administrators’ resources are stretched. The recent decision Blue Monkey Gaming Ltd v Hudson & others [2014] EWHC (Ch)provides some useful guidance for both administrators and ROT claimants.’

Full story (PDF)

11 Stone Buildings, June 2014

Source: www.11sb.com

A peculiar case of priorities – Hardwicke Chambers

Posted June 26th, 2014 in appeals, banking, land registration, mortgages, news, notification by sally

‘In Bank of Scotland v Joseph [2014] EWCA Civ 28, 1 P & Cr 18, the Court of Appeal was faced with an issue of priority in relation to a unilateral notice. It arose out of a rather curious set of facts.’

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Hardwicke Chambers, 4th June 2014

Source: www.hardwicke.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted June 26th, 2014 in legislation by sally

The Companies (Striking Off) (Electronic Communications) Order 2014

The Feed-in Tariffs (Amendment) Order 2014

The Requirements for School Food Regulations 2014

The Child Support (Consequential and Miscellaneous Amendments) (No 2) Regulations 2014

The Terrorism Act 2000 (Proscribed Organisations) (Amendment) (No. 2) Order 2014

The Local Government (Transparency) (Descriptions of Information) (England) Order 2014

The National Health Service Pension Scheme (Amendment No.2) Regulations 2014

The Child Maintenance and Other Payments Act 2008 (Commencement No. 14 and Transitional Provisions) and the Welfare Reform Act 2012 (Commencement No. 18 and Transitional and Savings Provisions) Order 2014

The Pensions Act 2004 (Commencement No. 15) Order 2014

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted June 26th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Ferdinand & Ors v R [2014] EWCA Crim 1243 (20 June 2014)

Court of Appeal (Civil Division)

Nelson v Wood [2014] EWCA Civ 869 (24 June 2014)

Pike v HM Revenue and Customs [2014] EWCA Civ 824 (20 June 2014)

Agbenowossi-Koffi v Donvand Ltd (t/a Gullivers Travel Associates) [2014] EWCA Civ 855 (24 June 2014)

Baradaran, R (on the application of) v Secretary of State for the Home Department & Anor [2014] EWCA Civ 854 (24 June 2014)

High Court (Administrative Court)

Hayes, R (on the application of) v Wychavon District Council & Anor [2014] EWHC 1987 (Admin) (24 June 2014)

Director of Public Prosecutions, R (on the application of) v Sheffield Crown Court & Ors [2014] EWHC 2014 (Admin) (20 June 2014)

Shabhaz, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 2038 (Admin) (20 June 2014)

FCC Environment v (1) Secretary of State for Communities And Local Government (2) East Riding of Yorkshire Council [2014] EWHC 2035 (Admin) (23 June 2014)

LM & Ors, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 2015 (Admin) (20 June 2014)

Lark Energy Ltd v Secretary of State for Communities And Local Government & Anor [2014] EWHC 2006 (Admin) (20 June 2014)

Paolo, R (on the application of) v City of London Magistrates Court [2014] EWHC 2011 (Admin) (20 June 2014)

NS & Ors, R (On the Application Of) v Secretary of State for Home Department [2014] EWHC 1971 (Admin) (20 June 2014)

Goodwin v Health and Care Professions Council [2014] EWHC 1897 (Admin) (20 June 2014)

Source: www.bailii.org

Do Not Attempt Resuscitation Orders: a duty to consult with the patient – Halsbury’s Law Exchange

Posted June 26th, 2014 in appeals, consultations, hospital orders, news by sally

‘The Court of Appeal has stated that a statement in a patient’s medical notes that resuscitation should not be attempted (a “Do Not Attempt Resuscitation” Order (DNAR)), should usually only be inserted after consultation with the patient: see R (Tracey) v Cambridge University Hospitals NHS Foundation Trust and others.’

Full story

Halsbury’s Law Exchange, 25th June 2014

Source: www.halsburyslawexchange.co.uk

UK Supreme Court: forcing disclosure of minor or spent convictions not “necessary or proportionate” – OUT-LAW.com

‘Requiring applicants for those jobs which require enhanced criminal record checks to disclose all spent convictions no matter how historic or minor is an unnecessary and disproportionate interference with their human rights, the UK’s Supreme Court has ruled.’

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OUT-LAW.com, 25th June 2014

Source: www.out-law.com

Andy Coulson trial: jurors fail to reach verdicts on remaining charges – The Guardian

‘The trial of Andy Coulson has ended after the jury failed to reach majority verdicts on two remaining counts that he conspired to commit misconduct in public office by paying public officials for the acquisition of royal phone books.’

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The Guardian, 25th June 2014

Source: www.guardian.co.uk

Supreme Court rejects right to die appeals – UK Human Rights Blog

Posted June 26th, 2014 in appeals, assisted suicide, human rights, news, Supreme Court by sally

‘The Supreme Court has declined to uphold a right to die a dignified death. However, a glimmer is is to be found in this judgment in that two out of the seven justices who concluded that it was for the United Kingdom to decide whether the current law on assisted suicide was incompatible with the right to privacy and dignity under Article 8, would have granted such a declaration in these proceedings., particularly where the means of death was one that could have been autonomously operated by the disabled appellant, leaving no doubt as to the voluntary and rational nature of his decision.’

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UK Human Rights Blog, 25th June 2014

Source: www.ukhumanrightsblog.com

Payout over Amy Carter’s hospital death – BBC News

Posted June 26th, 2014 in compensation, hospitals, news by sally

‘The parents of a Worcestershire 15-year-old who died from septicaemia have said they feel “bitterly disappointed” a hospital trust has not fully accepted responsibility for her death.’

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BBC News, 26th June 2014

Source: www.bbc.co.uk

Top judges raise concern over plan to restrict judicial review challenges – The Guardian

Posted June 26th, 2014 in bills, human rights, judges, judicial review, news, select committees by sally

‘Restrictions on judicial review challenges may be motivated more by a desire to avoid political embarrassment than the need to save money, a senior judge has suggested.’

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The Guardian, 25th June 2014

Source: www.guardian.co.uk