Couple fined £650 for taking sons out of school to visit ill grandfather – The Guardian

Posted July 28th, 2015 in education, fines, local government, news, school children by sally

‘A couple who took their children out of school without permission to visit their sick grandfather overseas have been fined by a magistrates court in Preston.’
Full story

The Guardian, 24th July 2015

Source: www.guardian.co.uk

Chinnock v Veale Wasbrough – are we any closer to clarity on s14A? – Hardwicke Chambers

Posted July 28th, 2015 in appeals, law firms, limitations, negligence, news, solicitors, time limits by sally

‘On the silver anniversary of the Limitation Act 1980 (“the Act”) and as we approach the emerald anniversary of the coming into force of section 14A of that Act, the recent case of Chinnock v Veale Wasbrough [2015] EWCA Civ 2014 shows that the interpretation of this complicated section remains far from straightforward.’
Full story

Hardwicke Chambers, 15th June 2015

Source: www.hardwicke.co.uk

Judge overrules Theresa May and allows convicted terror prisoner to be freed – The Independent

Posted July 28th, 2015 in appeals, bail, deportation, immigration, news, terrorism by sally

‘A man believed by police to pose a threat to the UK is to be released from prison after Theresa May lost a court case to keep him in jail until he can be deported.’

Full story

The Independent, 25th July 2015

Source: www.independent.co.uk

Circle the Wagons: They are Coming for the Information Tribunal – Panopticon

Posted July 28th, 2015 in consultations, fees, freedom of information, news, tribunals by sally

‘We all fell for it, didn’t we? If the greatest trick the Devil ever pulled was convincing the world he didn’t exist, then Michael Gove’s may have been to convince everyone that he wasn’t interested in FOIA. His shunting responsibility for FOIA/EIR matters off to the Cabinet Office, and the Cabinet Office’s announcement of the Commission on Freedom of Information (generally staffed by people who publicly don’t much like it), last week has led to a lot of comment and reaction – mostly adverse – from social media, blogs and even the mainstream press.’

Full story

Panopticon, 24th July 2015

Source: www.panopticonblog.com

Primary considerations – Nearly Legal

Posted July 28th, 2015 in appeals, children, housing, local government, news by sally

‘In Mohamoud v RB Kensington and Chelsea and Saleem v Wandsworth LBC [2015] EWCA Civ 780, the Court of Appeal were faced with the difficult argument about the interaction between section 11, Children Act 2004 and possession proceedings brought by a local authority against unsuccessful applicants for homelessness assistance. In Huzrat v Wandsworth LBC [2013] EWCA Civ 1865, the Court had previously found that there was no room for the use of section 11 to gloss the clear questions which a local authority must ask itself to determine whether an applicant is intentionally homeless, but that is very different from the question in Mohamoud. After all, mandatory possession proceedings have clear consequences.’

Full story

Nearly Legal, 24th July 2015

Source: www.nearlylegal.co.uk

Article 2 inquests – are they becoming more common for grieving families? – Park Square Barristers

Posted July 28th, 2015 in families, human rights, inquests, legal aid, news by sally

‘It seems that every time I watch the news or read a newspaper there is some report following an Article 2 style inquest. If Article 2 style inquests are becoming more common, is the ambit of the inquisition broadening generally? Laura Addy questions whether this prospect is why the government attempted to limit access to legal aid for families involved in inquests and may be influencing the decision to repeal the Human Rights Act 1998. As a member of Park Square Barrister’s Regulatory and Public Law Team, Laura is often instructed to attend and represent families at inquests. She considers the importance of coroner’s inquest and the role of the family of the deceased.’

Full story

Park Square Barristers, 15th July 2015

Source: www.parksquarebarristers.co.uk

Service charges, the burden of proof and reasonableness of decisions – Park Square Barristers

‘Last week wrote an introductory article on a service charge case, The Gateway (Leeds) Management Ltd v Naghash and Shamsizadeh (citation above), a decision of Martin Rodger QC, Deputy President in the Upper Tribunal (Lands Chamber), in which I acted for the Defendants/Respondents. The facts are set out in that piece, and I do not propose to rehearse them here.’

Full story

Park Square Barristers, 15th July 2015

Source: www.parksquarebarristers.co.uk

Duties and liabilities of trustees: Lessons from recent cases – New Square Chambers

Posted July 28th, 2015 in appeals, judgments, news, trusts by sally

‘There have been a number of recent cases which provide useful guidance in considering the scope of trustees’ duties when faced with decisions as to whether or not to sell or retain land, or to incur expenditure on repairs, or to take legal action.’
Full story

New Square Chambers, 26th May 2015

Source: www.newsquarechambers.co.uk

Late amendments – A new approach – Hardwicke Chambers

Posted July 28th, 2015 in amendments, appeals, costs, news, proportionality by sally

‘In CIP Properties (AITP) Limited v Galliford Try Infrastructure Limited Anors (No.3) [2015] EWHC 1345 (TCC) Coulson J reviewed the post-Jackson authorities governing amendments to statements of case. The judgment leaves little doubt that there is a new approach to applications to amend and that courts will be much more willing to consider questions of procedural prejudice when determining whether permission should be granted.’

Full story

Hardwicke Chambers, 10th June 2015

Source: www.hardwicke.co.uk

Challenging fraudulent judgments – Radcliffe Chambers

Posted July 28th, 2015 in evidence, expert witnesses, forgery, fraud, news, setting aside by sally

‘To set aside a judgment on the grounds of fraud, is it necessary to show that the evidence of fraud was unavailable at the trial and could not have been obtained with reasonablediligence? In May 2015, two High Court Judges gave totally contradictory answers to this question. ‘

Full story

Radcliffe Chambers, 15th June 2015

Source: www.radcliffechambers.com

The un-named baby appeal [2014] EWCA Civ. 1524 – Tanfield Chambers

‘On the 9th October 2014, the Court of Appeal heard a number of applications for permission to appeal by the parents of two children, who had been the subject of care and placement orders.’

Full story

Tanfield Chambers, 18th June 2015

Source: www.tanfieldchambers.co.uk

Commercial nonsense and the reasonable man: Arnold v Britton & Ors [2015] UKSC 36 – Hardwicke Chambers

Posted July 28th, 2015 in appeals, covenants, leases, news, Supreme Court by sally

‘In this case, the Supreme Court considered to what extent lessees could escape what appeared to be a very bad bargain indeed. The crux of the case was: to what extent can commercial common sense defeat a contractual provision which defies it?”

Full story

Hardwicke Chambers, 24th July 2015

Source: www.hardwicke.co.uk

Female barristers subjected to shocking levels of rampant sexism, says Bar report – The Independent

Posted July 28th, 2015 in barristers, news, reports, sex discrimination, women by sally

‘Shocking levels of rampant sexism still exist among barristers “existing in a children’s playground” who know they can get away with “grossly disrespectful” comments, according to a major Bar Council report.’

Full story

The Independent, 24th July 2015

Source: www.independent.co.uk

Related link: Snapshot: The Experience of Self-Employed Women at the Bar

The High Court judge, the £3bn airline case and the mystery of his lost luggage – Daily Telegraph

Posted July 28th, 2015 in airlines, bias, judges, news, recusal by sally

‘Prominent High Court judge removes himself from £3 billion case involving BA after asking airline’s legal team: “What happened to my luggage?”‘
Full story

Daily Telegraph, 25th July 2015

Source: www.telegraph.co.uk

Genetic Predisposition to Paedophilia and Child Abuse: a case note – Six Pump Court

Posted July 28th, 2015 in child abuse, families, news, sexual offences by sally

‘In his latest case note, Richard Barraclough QC writes on the issues of paedophilia and child abuse and specifically genetic and family influences.’

Full story

Six Pump Court, 16th July 2015

Source: www.6pumpcourt.co.uk

Service Charges in Mixed Use Developments – Tanfield Chambers

Posted July 28th, 2015 in consultations, landlord & tenant, news, service charges by sally

‘By their very nature, mixed-use developments involve multiple parties with competing interests. This often leads to disputes regarding the management of the estate and the cost of maintaining it.’
Full story

Tanfield Chambers, 7th July 2015

Source: www.tanfieldchambers.co.uk

Tenants who lack mental capacity to make decisions – Tanfield Chambers

‘In Wychavon District Council v EM (HB) [2011] UKUT 144 (AAC), the claimant, who was profoundly physically and mentally disabled, appealed from a decision that she was not entitled to housing benefit in respect of the sums payable under a tenancy agreement which, in the space for the tenant’s signature, stated that she was “profoundly disabled and cannot communicate at all.”’

Full story

Tanfield Chambers, 18th June 2015

Source: www.tanfieldchambers.co.uk

Financial Orders – The Sole Trustee Problem – Tanfield Chambers

Posted July 28th, 2015 in divorce, financial provision, matrimonial home, news, trusts by sally

‘When the court makes or approves a financial order, there is often not enough money in the matrimonial pot to house both parties and any children in owner-occupied accommodation. An outright transfer to one of the parties of what may be the only significant asset may be quite unfair to the other party (as in Clutton v Clutton – [1991] 1 All ER 340 (CA)). An immediate sale of the matrimonial home could be futile, in that both parties may have to move into rented accommodation, with geographical consequences including potential disruption to any children’s education. The parties each, of course need to take tax advice to ensure that liabilities for e.g. CGT (upon transfer / sale) and Inheritance Tax (upon creation of the trust and every ten-year anniversary thereof).’

Full story

Tanfield Chambers, 18th June 2015

Source: www.tanfieldchambers.co.uk

Granting an option to purchase a shareholding to a party as relief for unfair prejudice was within the court’s discretion – Tanfield Chambers

Posted July 28th, 2015 in appeals, company law, insolvency, news, shareholders, valuation by sally

‘Granting an option to purchase a shareholding to a party for a significant sum as relief for unfair prejudice was within the court’s discretion under the Companies Act 2006 s.996 despite valuation evidence showing the company was balance sheet insolvent.’

Full story

Tanfield Chambers, 14th July 2015

Source: www.tanfieldchambers.co.uk

European Commission sends Statement of Objections in pay-TV investigation – Zenith Chambers

Posted July 28th, 2015 in competition, EC law, licensing, media, news by sally

‘The European Commission has issued a statement of objections to Sky UK and six major US film studies (Disney, NBCUniversal, Paramount Pictures, Sony, Twentieth Century Fox andWarner Bros).The Commission has formed a preliminary view that a licensing agreement between SkyUK and the studios restricts the ability of Sky to sell its pay-TV services to customersoutside the UK and Ireland.’

Full story

Zenith Chambers, 24th July 2015

Source: www.zenithchambers.co.uk