Litigation funding options: The importance of a comprehensive checklist – Hardwicke Chambers

Posted November 27th, 2014 in appeals, compensation, costs, law firms, legal ombudsman, news by sally

‘The judgment of Mr Justice Hickinbottom in Clarke v McDaniel & Co (15 October 2014, unreported) provided a salutary reminder to litigation solicitors of the need to ensure that in their initial discussion with a potential client they advise and explore with the client other sources of funding litigation.’

Full story

Hardwicke Chambers, 17th November 2014

Source: www.hardwicke.co.uk

Securities’ providers could recoup huge property market losses for investors following landmark High Court ruling – Hardwicke Chambers

Posted November 27th, 2014 in appeals, mortgages, negligence, news by sally

‘The recent High Court judgment Titan Europe 2006-3 Plc v Colliers International UK Plc [2014] EWHC 3106 (Comm) regarding commercial mortgage-backed securities (CMBS) reflects judicial dislike of legal lacunas that let professionals perform sub-standard services without the risk of paying out damages in negligence. It is a ruling of significance to the finance industry that could give some individuals who lost out when the recession revealed that their investments were worth less than they had been told a way of recovering their money. ‘

Full story

Hardwicke Chambers, 20th November 2014

Source: www.hardwicke.co.uk

Let Me Stop You There… The test for lifting injunctions in public procurement challenges – Hardwicke Chambers

Posted November 27th, 2014 in advertising, EC law, injunctions, news, public procurement, regulations, tenders by sally

‘If you’ve seen an advert in the last few years warning you to submit your tax return on time, telling you not to drink and drive, or asking you to consider joining the armed forces, chances are that the company responsible was Group M UK Limited. That company has been at the heart of an important recent case concerning the test for lifting suspensions of contracts in public procurement challenges.’

Full story

Hardwicke Chambers, 21st November 2014

Source: www.hardwicke.co.uk

Challenging an error of fact – Hardwicke Chambers

Posted November 27th, 2014 in immigration, judicial review, mistake, news by sally

‘Lurking in the background of many judicial review claims is a complaint that a decision maker has made an error of fact.’

Full story

Hardwicke Chambers, 24th November 2014

Source: www.hardwicke.co.uk

Assessing loss of a chance – Hardwicke Chambers

Posted November 27th, 2014 in appeals, employment tribunals, law firms, loss of chance, negligence, news by sally

‘In Chweidan v Mischon de Reya Solicitors [2014] EWHC 2685 (QB) Mrs Justice Simler considered the principles to be applied when assessing claims for loss of a chance and provided a helpful overview of a number of the leading authorities.’

Full story

Hardwicke Chambers, 17th November 2014

Source: www.hardwicke.co.uk

Zero Hours Contracts – No. 5 Chambers

Posted November 27th, 2014 in contract of employment, employment, news by sally

‘A zero hours contract is not a term of legal art although a definition has been attempted in the Small Business, Enterprise and Employment Bill which proposes to insert as S.27A of the Employment Rights Act 1996:
(1) In this section “zero hours contract” means a contract of employment or other worker’s contact under which –
(a) The undertaking to do or perform work is an undertaking to do so conditionally on the employer making work or services available to the worker, and
(b) There is no certainty that any such work or services will be made available to the worker.
(2) For this purpose, an employer makes work or services available to a worker if the employer requests or requires the worker to do the work or perform the services.’

Full story (PDF)

No. 5 Chambers, 14th November 2014

Source: www.no5.com

Enforcement of Standard Essential Patents and Abuse of a Dominant Position – Zenith Chambers

Posted November 27th, 2014 in EC law, enforcement, injunctions, news, patents by sally

‘Advocate General Wathelet has delivered his opinion on a reference from the Regional Court of
Dusseldorf for a preliminary ruling on issues concerning the application of Article 102 TFEU to the
enforcement of standard essential patents (SEPs) using injunctions. The opinion, if followed by the
Court of Justice, will be important for future patent litigation and commercial negotiations over the
enforcement of SEPs.’

Full story

Zenith Chambers, 21st November 2014

Source: www.zenithchambers.co.uk

Equitable Compensation – The Supreme Court Reviews the Position – Littleton Chambers

Posted November 27th, 2014 in appeals, compensation, mortgages, news, solicitors, Supreme Court by sally

‘The Supreme Court recently gave judgment in the case of AIB Group (UK) Plc v Mark Redler & Co Solicitors [2014] UKSC 58. The decision provides an important treatment of equitable compensation within the wider scheme of remedial rules.’

Full story

Littleton Chambers, 26th November 2014

Source: www.littletonchambers.com

Same sex couples – now with added marriage – Tanfield Chambers

‘MSSCA 2013 does not create a new status of “same sex marriage” 1 (SSM). It extends the
existing institution of marriage to same sex couples:
s.1 The marriage of same sex couples is lawful.
s.11(1) In the law of England and Wales, marriage has the same effect’

Full story (PDF)

Tanfield Chambers, 14th November 2014

Source: www.tanfieldchambers.co.uk

Counter Terrorism and Security Bill unveiled – Home Office

Posted November 27th, 2014 in bills, citizenship, news, passports, terrorism, visas by sally

‘Urgently-needed legislation which will give the UK some of the toughest powers in the world to tackle the increasing threat from international terrorism was introduced today.’

Full story

Home Office, 26th November 2014

Source: www.gov.uk/home-office

Baby P effect takes children in care numbers to 25-year high, says NAO – The Guardian

Posted November 27th, 2014 in care orders, children, news, social services by sally

‘The number of children in care has risen to its highest level for nearly 25 years following the death of Baby P and recent child sex exploitation scandals, the government’s spending watchdog has found.’

Full story

The Guardian, 27th November 2014

Source: www.guardian.co.uk

Terror law watchdog calls for court role in temporary exclusion orders – The Guardian

Posted November 27th, 2014 in bills, courts, human rights, news, terrorism by sally

‘The lack of any effective check or court oversight of the home secretary’s new powers to impose temporary exclusion orders for up to two years on British citizens returning from Iraq or Syria has been strongly criticised by the official counter-terror law watchdog.’

Full story

The Guardian, 26th November 2014

Source: www.guardian.co.uk

Legal aid cuts means free housing advice slashed despite rise in repossessions – The Independent

Posted November 27th, 2014 in housing, law centres, legal aid, news, repossession by sally

‘Legal help for thousands of families facing eviction from their home is being slashed by the Government despite soaring numbers of repossessions, an investigation for The Independent has found.’

Full story

The Independent, 26th November 2014

Source: www.independent.co.uk

Supreme Court stresses importance of compliance with court orders – Litigation Futures

Posted November 27th, 2014 in appeals, courts, default judgments, news, royal family, Supreme Court, witnesses by sally

‘The Supreme Court yesterday emphasised the importance of compliance with court orders as it dismissed an appeal by a Saudi prince who failed to personally sign a witness statement in breach of an unless order.’

Full story

Litigation Futures, 27th November 2014

Source: www.litigationfutures.com

Children’s home owner John Allen found guilty of 26 sexual abuse charges – The Guardian

Posted November 27th, 2014 in care homes, carers, child abuse, complaints, news, police, sexual offences, social services by sally

‘The owner of a group of children’s homes has been found guilty of 26 charges of sexual abuse against troubled and vulnerable youngsters who were in his care.’

Full story

The Guardian, 26th November 2014

Source: www.guardian.co.uk

High Court judge rejects challenge to 400-home planning consent, despite planning officer’s mistaken advice – OUT-LAW.com

Posted November 27th, 2014 in judicial review, local government, news, planning, reports by sally

‘A High Court judge has refused to quash a decision to grant planning consent for 400 homes within the Surrey countryside, after deciding that a council was not misled by a planning officer’s mistaken advice.’

Full story

OUT-LAW.com, 26th November 2014

Source: www.out-law.com

Stop Retaliating! – NearlyLegal

Posted November 27th, 2014 in bills, complaints, housing, landlord & tenant, news, notification, repairs, time limits by sally

‘The Tenancies Reform Bill has now been formally published following its second reading. The Bill has changed substantially from the original version that was put forward by Sarah Teather MP and drafted by Shelter. We commented on the Bill before as we had seen the version produced at first reading. The Bill has now benefitted from the gentle caress of the Parliamentary Draftsman’s office so it looks entirely different.’

Full story

NearlyLegal, 27th November 2014

Source: www.nearlylegal.co.uk

British brothers jailed for training at terrorist camp in Syria – The Independent

Posted November 27th, 2014 in news, release on licence, sentencing, terrorism by sally

‘Two jihadist brothers have become the first Britons to be jailed for going to Syria to attend a terrorist training camp.’

Full story

The Independent, 26th November 2014

Source: www.independent.co.uk

Inquiry into paedophile William Vahey finds serious failures at school – The Guardian

Posted November 27th, 2014 in complaints, education, inquiries, news, reports, sexual offences, teachers by sally

‘The headmaster of an elite London school where the US paedophile William Vahey abused more than 60 boys dismissed a complaint about his worrying conduct on a field trip as “unfair pressure” by “vindictive parents”, an independent report in to his criminality has revealed.’

Full story

The Guardian, 26th November 2014

Source: www.guardian.co.uk