28/07/2015 – Page 2 – Current Awareness

Setting Aside Notices of Discontinuance and QOCS: Kite v The Phoenix Pub Group – Zenith Chambers

Posted July 28th, 2015 in adjournment, costs, news, setting aside, striking out by sally

‘The Claimant brought a claim in damages for injuries sustained in November 2014 when he fell into an uncovered man hole in the car park of a pub. Whilst the Defendant company operates anumber of pubs it alleged that at the time of the accident the pub was owned, operated and occupiedby a different company. The Defendant was asserting that it was not the correct company to pursue.’

Zenith Chambers, 27th July 2015

Source: www.zenithchambers.co.uk

ADR and costs – Hardwicke Chambers

Posted July 28th, 2015 in arbitration, budgets, costs, dispute resolution, news by sally

‘To say that there can be costs consequences for failing to engage in ADR is hardly news but it is something that is always worth remembering and, if you don’t remember it, there is a good chance that the court will remind you!’
Full story

Hardwicke Chambers, 10th June 2015

Source: www.hardwicke.co.uk

The perils of commoditised advice: Procter v Raleys Solicitors – Hardwicke Chambers

Posted July 28th, 2015 in appeals, compensation, negligence, news, solicitors by sally

‘On 28 April 2015 the Court of Appeal handed down judgment in Procter v Raleys Solicitors. The case is an important reminder to solicitors engaged in bulk litigation of the risks posed by “commoditising” their services.’

Hardwicke Chambers, 15th June 2015

Source: www.hardwicke.co.uk

Stricter control mechanisms for secondary victim claims: Liverpool Women’s Hospital NHS Foundation v Ronayne – Hardwicke Chambers

Posted July 28th, 2015 in appeals, hospitals, negligence, news, psychiatric damage by sally

‘Today’s Court of Appeal judgment in Liverpool Women’s Hospital NHS Foundation Trust v Ronayne [2015] EWCA Civ 588 is an early front runner for the most important tort law case of 2015. It is very good news for hard-pressed NHS Trusts defending claims by relatives shocked by the effect on loved-ones of acts of clinical negligence. Such claims will rarely succeed in the light of today’s decision.’

Hardwicke Chambers, 17th July 2015

Source: www.hardwicke.co.uk

Drug dealer who killed business partner jailed for at least 25 years – The Guardian

Posted July 28th, 2015 in murder, news, sentencing by sally

‘A drug dealer who stabbed and bludgeoned to death a business associate to steal his Range Rover has been jailed for at least 25 years.’

The Guardian, 27th July 2015

Source: www.guardian.co.uk

‘Breaking Bad’ drugs gang jailed – BBC News

Posted July 28th, 2015 in conspiracy, drug offences, elderly, news, sentencing by sally

‘A 78 year-old who plotted to set up a crystal meth production line likened to the TV series Breaking Bad has been jailed for 18 years.’

BBC News, 27th July 2015

Source: www.bbc.co.uk

London borough defeats High Court challenge to basement policy – Local Government Lawyer

Posted July 28th, 2015 in local government, London, news, planning by sally

‘The Royal Borough of Kensington & Chelsea has fought off a High Court challenge to its revised basement policy.’

Local Government Lawyer, 27th July 2015

Source: www.localgovernmentlawyer.co.uk

Resolving the rules of insolvency – 11 Stone Buildings

Posted July 28th, 2015 in appeals, consent, costs, cross-claims, insolvency, liquidators, news, winding up by sally

‘Restructuring & Insolvency analysis: In what ways has Re Kingstons Investments Ltd shed light on longstanding ambiguities in the Insolvency Rules 1986? Jamie Riley, commercial litigator at 11 Stone Buildings, explores the case and explains why the final decision will be so important for insolvency lawyers.’

11 Stone Buildings, June 2015

Source: www.11sb.com

Libor trial: jury considers verdict in Tom Hayes case – The Guardian

Posted July 28th, 2015 in banking, conspiracy, fraud, news by sally

‘The jury in the trial of former trader Tom Hayes, who is charged with eight counts of conspiracy to defraud by manipulating global Libor interest rates, has retired to consider its verdict.’

The Guardian, 27th July 2015

Source: www.guardian.co.uk

Limitation, latent damage and tax mitigation scheme claims – Hardwicke Chambers

Posted July 28th, 2015 in financial regulation, negligence, news, professional conduct, tax avoidance by sally

‘As (relatively) recent press coverage of celebrity participants shows, litigation relating to tax mitigation (or avoidance) schemes is on the rise. HMRC has taken an increasingly harder line in recent years both in tightening the legislation surrounding tax avoidance and in refusing and litigating claims for tax relief based on “losses” incurred in tax mitigation schemes. Investors who have lost out are increasingly turning to their original financial advisers for recompense. Unfortunately, many such claims are only considered or intimated after the primary limitation period has passed.’

Hardwicke Chambers, 15th June 2015

Source: www.hardwicke.co.uk

Ofcom clears Top Gear over ‘pikey’ pun – BBC News

Posted July 28th, 2015 in BBC, complaints, media, news, travellers by sally

‘Ofcom has backed a BBC Trust decision not to censure the BBC over using the word “pikey” in an edition of Top Gear.’

BBC News, 27th July 2015

Source: www.bbc.co.uk

New insolvency legislation: A guide to the new Deregulation Act 2015 and Small Business, Enterprise and Employment Act 2015 – Hardwicke Chambers

Posted July 28th, 2015 in administration orders, insolvency, legislation, news by sally

‘The Small Business, Enterprise and Employment Act 2015 (SEEBA) and the Deregulation Act 2015 were added to the statute book on 26 March. Both contain provisions that make significant changes to the Insolvency Act 1986.’

Hardwicke Chambers, 10th June 2015

Source: www.hardwicke.co.uk

The ABCs of ACVs – Hardwicke Chambers

Posted July 28th, 2015 in listed buildings, local government, news, planning by sally

‘As of eight weeks ago, visitors to Maida Vale have one less pub to drink in. That’s because in April, overzealous developers bulldozed The Carlton Tavern public house to the ground. Local residents can breathe a sigh of relief, however, for the pub is going to be rebuilt brick by brick – such is the punishment meted out to the developers for bulldozing the pub in violation of planning rules. View the report on the BBC website. ‘

Hardwicke Chambers, 10th June 2015

Source: www.hardwicke.co.uk

Constance Briscoe avoids £89,000 in costs for perverting course of justice – The Guardian

Posted July 28th, 2015 in barristers, costs, news, perverting the course of justice by sally

‘One of Britain’s first black female judges has avoided paying thousands of pounds after her trial for lying to police investigating the Chris Huhne speeding points scandal.’

The Guardian, 27th July 2015

Source: www.guardian.co.uk

The Seventh Veil? – New Square Chambers

Posted July 28th, 2015 in company law, consultations, disclosure, news, regulations by sally

‘Mark Hubbard considers new legislation requiring greater transparency in the ownership and management of companies.’

New Square Chambers, 29th June 2015

Source: www.newsquarechambers.co.uk

Insurers win the latest round in credit hire match – Hardwicke Chambers

Posted July 28th, 2015 in appeals, insurance, news, rent by sally

‘The insurers have won the most recent bout in what has been an ongoing slugfest between them and credit hire organisations (CHOs) for more than 20 years. The Court of Appeal has given guidance about calculating the basic hire rate (BHR) which favours the Insurers.’

Hardwicke Chambers, 2nd June 2015

Source: www.hardwicke.co.uk

Uncertain times for insurance NEDs – Hardwicke Chambers

Posted July 28th, 2015 in banking, crime, news by sally

‘Amongst the mass of regulatory measures introduced in recent times to prevent a repeat of the 2008 financial crisis, perhaps the most potent is that provided by section 36 of the Financial Services (Banking Reform) Act 2013, headed “Offence relating to a decision causing a financial institution to fail”. It comes into force on 7 March 2016.’

Hardwicke Chambers, 1st June 2015

Source: www.hardwicke.co.uk

Listed Building Prosecutions: A Practical Guide “Pitfalls Which Local Planning Authorities Should Avoid” – No. 5 Chambers

Posted July 28th, 2015 in crime, listed buildings, local government, news, planning, prosecutions by sally

‘There are three principal weapons in the local authority armoury to tackle breaches of planning control in respect of listed buildings: (i) criminal prosecution (ii) listed building enforcement notice and (iii) injunction pursuant to section 44A (1) of the Listed Buildings Act 1990. They are not mutually incompatible. Criminal prosecution can be pursued alongside service of an enforcement notice or injunctive proceedings.’

No. 5 Chambers, 2nd July 2015

Source: www.no5.com

Daughter wins £164,000 after decade-long legal battle over will with charities – The Guardian

Posted July 28th, 2015 in appeals, charities, news, wills by sally

‘After a decade-long legal fight with three animal welfare charities over her mother’s decision to cut her out of any inheritance, a poverty-stricken daughter has finally been awarded £164,000 by senior judges.’

The Guardian, 28th July 2015

Source: www.guardian.co.uk

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