‘The Court of Appeal have just handed down judgment in the key case of JXMX v Dartford and Gravesham NHS Trust [2015] EWCA Civ 96. This fundamentally changes the approach to anonymity in approval hearings.’
Cloisters, 18th February 2015
Source: www.cloisters.com
‘Two key pieces of legislation affecting personal injury and clinical negligence law, the Criminal Justice and Courts Act 2015 and the Social Action, Responsibility and Heroism Act 2015, were given royal assent on 12 February 2015 and are expected to come into force in April 2015.’
Cloisters, 19th February 2015
Source: www.cloisters.com
‘The distinction between a repair and an improvement when a landlord carries out works to a property is often problematic. The volume and age of reported cases on this point shows this is not a recent problem.’
Hardwicke Chambers, 9th March 2015
Source: www.hardwicke.co.uk
‘The Supreme Court handed down its decision yesterday in Akerman-Livingstone v. Aster Communities Ltd (formerly Flourish Homes Ltd) [2015] UKSC 15 in which it considered the test of justification for discrimination under section 15 of the Equality Act 2010 (the EqA) as compared with justification for Article 8 of the Convention.’
Cloisters, 12th March 2015
Source: www.cloisters.com
‘We are privileged to host two distinguished members of the Australian and UK judiciary, offering us a unique perspective on the charged question as to whether labour law has kept pace with the constantly changing nature of work relations so as properly to regulate them.’
Date: 23rd April 2015, 6.00-7.30pm
Location: UCL Central Campus, Wilkins Building (Gustave Tuck Lecture Theatre)
Charge: Free, registration required
More information can be found here.
‘If you are struggling to pin down the relevant principles when advising in a secondary victim case this should be no surprise. As Lord Hoffmann observed: “It seems to me that in this area of the law, the search for principle was called off in Alcock v Chief Constable of South Yorkshire [1992] 1 A.C. 310. No one can pretend that the existing law, which your Lordships have to accept, is founded upon principle.” in White v Chief Constable of South Yorkshire [1999] 2 AC 455 (the police officers’ claims arising out of the Hillsborough disaster).’
Hardwicke Chambers, 20th January 2015
Source: www.hardwicke.co.uk
‘To what extent must a claimant relying on the Consumer Protection Act 1987 (“the Act”) prove with precision the nature of a defect in a product said to have caused him or her damage?’
Full story (PDF)
Henderson Chambers, 9th January 2015
Source: www.hendersonchambers.co.uk
‘From 6 April 2015, the structure of Part 36 will change and a number of new rules are to be introduced. This is the most fundamental change in the Part 36 rules for many years.’
Hardwicke Chambers, 20th January 2015
Source: www.hardwicke.co.uk
‘This event brings together some of the leading contemporary figures in environmental law to explore the enforcement of environmental law at national, European and international level. It is being organised to mark Professor Richard Macrory 65th birthday and his contribution to the development of environmental law.’
Date: 30th March 2015 – 31st March 2015
Location: UCL Laws, 1-2 Endsleigh Street, London WC1H 0EG
Charge: See website for details
More information can be found here.
‘Periodically the topic of gagging clauses resurfaces in the press. In 2013 the revelation of large numbers of NHS employees entering into such agreements produced a mass of publicity. Interest in the topic duly stimulated, it led to recommendations by the Public Accounts Committee in the House of Commons that revised guidance from the Cabinet Office should require public sector organisations to secure approval from the Cabinet Office for special severance payments and associated compromise agreements where they relate to cases of whistleblowing.’
Hardwicke Chambers, 8th January 2015
Source: www.hardwicke.co.uk
‘In the absence of agreement, the terms of any new lease to be granted under the provisions of Part II of the Landlord and Tenant Act 1954 are to be determined by the court in accordance with sections 32 to 35 of that 1954.’
Full story (PDF)
New Square Chambers, February 2015
Source: www.newsquarechambers.co.uk
‘The NHS’s largest hospital trust in England is being put into special measures after inspectors uncovered an array of serious problems at one of its hospitals, including poor A&E care, a lack of staff, poor morale and a culture of bullying and harassment.’
The Guardian, 17th March 2015
Source: www.guardian.co.uk
‘In the recent case of A (A Child) v University Hospitals of Morecambe Bay NHS Foundation Trust [2015] EWHC 366 (QB) the claimant was awarded the cost of installing a hydrotherapy pool in her home. Here we look at the circumstances in which a defendant will be ordered to pay such expensive costs.’
Cloisters, 9th March 2015
Source: www.cloisters.com
‘The recent decision of Mr Justice Edis in DavisonSebry v Companies House and the Registrar of Companies [2015] EWHC 115 (QB) has highlighted how, in the interconnected age of the internet, the careless click of a mouse button can have incredibly far-reaching consequences and abruptly destroy the business of a successful company. The unusual facts would suggest that further cases against the Registrar (against whom judgment was entered) would be unlikely, not least because the reporting procedures are bound to be tightened up.’
Full story (PDF)
New Square Chambers, February 2015
Source: www.newsquarechambers.co.uk
‘In this article Cloisters’ barrister Paul Epstein QC comments on what disclosure actually means and what the obligations are in the Employment Tribunal. He discusses the different types of disclosure, the new CPR test and what parties need to do.’
Cloisters, 10th February 2015
Source: www.cloisters.com
‘In Blackwood v Birmingham and Solihull Mental Health NHS Foundation Trust UKEAT/0130/14 the EAT was faced with a jurisdictional issue which is of practical importance but is somewhat bereft of appellate guidance. Since the CA is due to hear an appeal in July 2015, the decision is still in a state of flux.’
Cloisters, 3rd February 2015
Source: www.cloisters.com
‘The Privy Council decision in Nilon Limited v Royal Westminster Investments₁ has put the brakes on the expanding jurisdiction of the BVI Courts over claims involving BVI companies, and reiterated the need for a common sense approach to forum conveniens. Peter Head considers the decision.’
Full story (PDF)
11 Stone Buildings, February 2014
Source: www.11sb.com
‘Tom Cross and Lord Collins of Mapesbury have co-authored a paper titled ‘The Law of International Custom in the Case Law of the House of Lords and the United Kingdom Supreme Court’ (2011), which is due to be published by the Council of Europe. The article discusses the status of customary international law in domestic law by reference to the leading cases.’
11KBW, 11th March 2015
Source: www.11kbw.com
‘In this article, 5RB‘s Adrienne Page QC discusses what section 1 Defamation Act 2013 means in practice, and how it may affect both claimants and free speech.’
5RB, 10th February 2015
Source: www.5rb.com
Court of Appeal (Criminal Division)
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