EVENT: UCL Quain Lectures 2014/15 – Cass Sunstein

Posted August 7th, 2014 in Forthcoming events by sally

‘When should people choose, and when should they choose not to do so? Contrary to some of the important strands in liberal political thought, human beings are often free by default. Default rules, chosen by private or public institutions, establish settings and starting points for central aspects of our lives, including countless goods and activities—cell phones, rental car agreements, computers, savings plans, health insurance, websites, privacy, and much more. Many of these rules do a great deal of good, but others are badly chosen and impose considerable harm. The obvious alternative to default rules, of particular interest when individual situations are diverse, is active choosing, by which people are asked or required to make decisions on their own. But if active choosing were required in all contexts, people would quickly be overwhelmed. Especially in complex and unfamiliar areas, default rules have significant advantages. It is where people prefer to choose, and where learning is both feasible and important, that active choosing is usually best. At the same time, it is increasingly possible for private and public institutions to produce highly personalized default rules, designed to fit individual circumstances, and thus to reduce the problems with one-size-fits-all defaults. At least when choice architects can be trusted, personalized default rules offer most (not all) of the advantages of active choosing without the disadvantages; they can increase both welfare and freedom. These points raise fresh challenges for capitalist economies, the proper conception of human dignity, democratic processes, and personal privacy.’

Date: 13th-15th October 2014, 6.00pm

Location: UCL Cruciform Lecture Theatre 1, Cruciform Building, Gower Street, London WC1E 6BT

Charge: Free, registration required

More information can be found here.

English court would not stay “unsustainable” claim to allow it to be tried by a foreign court – OUT-LAW.com

‘English courts would not ‘stay’ legal proceedings involving foreign parties to enable those proceedings to be brought in a court in another country in circumstances where those proceedings are unsustainable, the Court of Appeal has ruled.’

Full story

OUT-LAW.com, 7th August 2014

Source: www.out-law.com

The latest on cuts: Lessons for authorities following R (Draper) v Lincolnshire CC – Hardwicke Chambers

Posted August 7th, 2014 in budgets, consultations, judicial review, libraries, local government, news by sally

‘Mr Justice Collins has handed down judgment in the latest case borne out of government cuts. The judgment provides useful learning to local authorities in particular on how to comply with new duties in relation to expressions of interest under the Localism Act 2011, writes Leon Glenister.’

Full story

Hardwicke Chambers, 5th August 2014

Source: www.hardwicke.co.uk

Alfie Sullock death: Michael Pearce nine-year term reviewed – BBC News

Posted August 7th, 2014 in children, homicide, news, sentencing by sally

‘The nine-year jail sentence of the man convicted of killing baby Alfie Sullock is being reviewed by the Attorney General after complaints it is too lenient.’

Full story

BBC News, 7th August 2014

Source: www.bbc.co.uk

The strike down of Superstrike: Where are we now with tenancy deposits? – Hardwicke Chambers

Posted August 7th, 2014 in deposits, housing, landlord & tenant, news by sally

‘Most landlords of residential property take a deposit as security for their tenant’s liabilities. Since 1996 the vast majority of tenancies granted by private landlords and many tenancies granted by Registered Providers of housing have been assured shorthold tenancies (“ASTs”).’

Full story

Hardwicke Chambers, 6th August 2014

Source: www.hardwicke.co.uk

Witness statements, Mitchell and CPR rules 3.9 and 32.10 – Sovereign Chambers

Posted August 7th, 2014 in civil procedure rules, evidence, news, time limits, trials, witnesses by sally

‘David Partington and Judy Dawson, barristers in the Sovereign Chambers Civil Team in Leeds, consider the civil procedural difficulties that the late service of witness statements cause for both the defaulting and innocent parties, given the interplay of, “Jackson”, Denton, and the cases dealing with sanction for late service of witness statements.’

Full story

Sovereign Chambers, 16th July 2014

Source: www.sovereignchambers.co.uk

Bite Size RTA Case Law Update – Zenith Chambers

Posted August 7th, 2014 in accidents, duty of care, negligence, news, road safety, road traffic offences by sally

‘Road traffic accidents are notoriously fact specific, but looking at those cases which go to trial can be helpful in terms of understanding what judges think is important. Here I look at three very different recent cases. In Jade Christian v. South East London & Kent Bus Co.the court reiterated that appellate courts have to exercise the greatest restraint before overturning findings of fact made at first instance. In Gray v. Botwright the Court of Appeal went against the general principle that drivers are entitled to assume that no traffic will be crossing against a red light. In Gupta v. Armstrong & Anor a coach driver who was carefully executing a manoeuvre and failed to see a pedestrian who was trying to flag him down to board was not found to have been negligent to any degree.’

Full story (PDF)

Zenith Chambers, 22nd July 2014

Source: www.zenithchambers.co.uk

Understanding Serious Brain Injury – No. 5 Chambers

Posted August 7th, 2014 in accidents, disabled persons, news, personal injuries, rehabilitation by sally

‘At any time, as those who have suffered a serious injury to the brain or have been close to someone who has will know, your life can be turned upside down in less than a fated second. The first news of a serious traumatic event is shocking, thoughts often turn to simply holding onto life and then anxiety over the serious permanent disability which may follow; in the mind of those involved it is very much the physical disabilities which are at the forefront.’

Full story

No. 5 Chambers, 16th July 2014

Source: www.no5.com

Private landlords and article 8 – Are we there yet? – Hardwicke Chambers

Posted August 7th, 2014 in benefits, housing, human rights, landlord & tenant, mortgages, news, repossession by sally

‘At the time of the decisions in Manchester City Council v Pinnock [2011] 2 AC 104 and Hounslow v Powell [2011] 2 AC 186 it was thought that a seismic shock wave would be sent through the Courts requiring them in every claim for possession of residential premises by a public sector landlord to undertake a time consuming balancing exercise to assess the “proportionality” of making an order for possession. The Courts, it was thought, would be overwhelmed. This has in fact not proved to be the case. The County Court has become adept at weeding out the weak cases early on and even where the article 8 point is run to trial the Court has, by and large, been robust in its approach. The one issue which has remained unresolved for a surprisingly long time is the question of the extent to which the principles set out in Powell and Pinnock would apply in a possession claim where the land owner is a private individual and not part of the public sector.’

Full story

Hardwicke Chambers, 4th August 2014

Source: www.hardwicke.co.uk

A new PD for Insolvency Proceedings: minor changes can still trip you up – 11 Stone Buildings

Posted August 7th, 2014 in insolvency, news, practice directions, winding up by sally

‘With very little fanfare indeed, a new Practice Direction for Insolvency Proceedings came into effect on 29 July 2014, replacing that of February 2012. The changes between the 2012 and 2014 Insolvency Practice Directions are minor, but have the potential to trip up practitioners. Thomas Robinson sets out the three main areas to note.’

Full story (PDF)

11 Stone Buildings, August 2014

Source: www.11sb.com

Selwyn Bloch QC & Charlene Hawkins Comment on Court of Appeal Decision Prophet PLC V Huggett – Littleton Chambers

Posted August 7th, 2014 in contracts, employment, news, restrictive covenants by sally

‘The Empire Strikes Back? Triumph of the Literal Interpretation of Restrictive Covenant Prophet Plc V Christopher Huggett [2014] Ewca Civ 1013 (22 July 2014)’

Full story

Littleton Chambers, 23rd July 2014

Source: www.littletonchambers.com

The risks – and costs – of choosing not to mediate – Hardwicke Chambers

Posted August 7th, 2014 in costs, dispute resolution, news by sally

‘Mediation is a flexible, and generally cost effective way of resolving disputes outside of the courtroom. Although mediation is growing in popularity, particularly in run-of-the-mill commercial disputes, there are still instances where the parties, given the option to mediate, choose to litigate. Such a choice comes with a high degree of risk, as emphasised by a recent decision of the High Court in Manchester – Garritt-Critchley v Ronnan [2014] EWHC 1774 (Ch).’

Full story

Hardwicke Chambers, 18th July 2014

Source: www.hardwicke.co.uk

Fair or foul: sport and the law – Henderson Chambers

‘The question is: how does one earn a living in sport? By skill? Hand-eye coordination? Fancy footwork? Fast reactions? By luck? By cheating – and getting away with it? Or none of these. As far as we are concerned, the living is earned in the law. The law by, with, to and from all aspects of sport because a legal principle from every page of every textbook will apply somewhere in the entire spectrum of sports activities on and off the field. Think of the law that applies to staff, betting,merchandising of team brands, the corrections of misdemeanours and their effects, ownership of buildings, copyright issues. If I just do a list, it will go on forever. I do not have “a little list.” Mine is endless and what I propose to do is to follow, if not the rules, then the pattern of sport by touching on a topic haphazardly then running back, in an intellectual sort of way, to the other side of the court before starting again on a different tack. There are so many sporting metaphors to mix.’

Full story (PDF)

Henderson Chambers, 8th July 2014

Source: www.hendersonchambers.co.uk

Shareholder democracy in shackles? – 11 Stone Buildings

Posted August 7th, 2014 in company law, news, shareholders by sally

‘Lexa Hilliard QC and Sarah Clarke discuss the potential ramifications of the first Court of Appeal decision in Burry & Knight Ltd V Martin John Murless Knight (2014) [2014] EWCA Civ 604 on new provisions in the Companies Act 2006 which limit access to the register of members.’

Full story (PDF)

11 Stone Buildings, July 2014

Source: www.11sb.com

Damages for disrepair – Long leasehold properties – Hardwicke Chambers

Posted August 7th, 2014 in compensation, damages, housing, leases, news, repairs by sally

‘A leaseholder with a leaking roof or defective shared heating system faces two questions: Who is responsible for undertaking the necessary repairs to the building and internal repairs to their property and how will it be paid for?’

Full story

Hardwicke Chambers, 4th July 2014

Source: www.hardwicke.co.uk

BAILII: Recent Decisions

Posted August 7th, 2014 in law reports by sally

Court of Appeal (Civil Division)

Baturina v Chistyakov [2014] EWCA Civ 1134 (05 August 2014)

High Court (Chancery Division)

Lehman Brothers Finance AG v Klaus Tschira Stiftung GmbH & Anor [2014] EWHC 2782 (Ch) (06 August 2014)

High Court (Administrative Court)

HS2 Action Alliance Ltd & Anor, R (on the application of) v Secretary of State for Transport & Anor [2014] EWHC 2759 (Admin) (06 August 2014)

Lemtelsi, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 2750 (Admin) (04 August 2014)

High Court (Commercial Court)

Brogden & Anor v Investec Bank Plc [2014] EWHC 2785 (Comm) (06 August 2014)

Family Court Decisions (High Court Judges)

AB (A Child: Temporary Leave To Remove From Jurisdiction: Expert Evidence) [2014] EWFC 2758 (4 August 2014)

Q v Q [2014] EWFC 31 (06 August 2014)

Source: www.bailii.org

Dewsbury couple win spare bedroom housing benefit fight – BBC News

Posted August 7th, 2014 in benefits, disabled persons, housing, news by sally

‘A couple from West Yorkshire who went to court to challenge a cut to their housing benefit have won their case.’

Full story

BBC News, 7th August 2014

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted August 7th, 2014 in legislation by sally

The Ecclesiastical Offices (Terms of Service) (Amendment) Regulations 2014

The Church of England (Miscellaneous Provisions) Measure 2014 (Appointed Day No. 2 and Transitional and Saving Provisions) Order 2014

The Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2014

The Openness of Local Government Bodies Regulations 2014

The Prospects College of Advanced Technology (Government) Regulations 2014

The Prospects College of Advanced Technology (Incorporation) Order 2014

The Financial Services and Markets Act 2000 (Excluded Activities and Prohibitions) Order 2014

Source: www.legislation.gov.uk

Trading “with a view to the making of a profit” – an objective or subjective test? – RPC Commercial Disputes Blog

Posted August 7th, 2014 in appeals, corporation tax, HM Revenue & Customs, news by sally

‘In Beacon Estates (Chepstow) Ltd v HMRC [2014] UKFTT 686 (TC), the First-tier Tribunal (Tax Chamber) (‘FTT’) allowed the taxpayer’s appeal, holding that ‘with a view to’ in section 393A(3), Income and Corporation Taxes Act 1988 (‘ICTA’)[1] imports an objective test when considering relief for trading losses.’

Full story

RPC Commercial Disputes Blog, 6th August 2014

Source: www.rpc.co.uk

Richmond Pharmacology Ltd v Chester Overseas Ltd and others – WLR Daily

Richmond Pharmacology Ltd v Chester Overseas Ltd and others [2014] EWHC 2692 (Ch); [2014] WLR (D) 365

‘The test of whether there was a breach of the duty under section 175 of the Companies Act 2006 was objective, and did not depend on whether the director was aware that what he was doing was a breach of his duty. It was no defence to a claim for breach of this duty that the director had acted in good faith. Nor was it a defence that the director had acted reasonably, but wrongly, had thought that he had been entitled to do what he had done.’

WLR Daily, 1st August 2014

Source: www.iclr.co.uk