‘There is a clear and pressing need to create an online court for claims up to £25,000, a senior judge has said in his interim review of the civil courts structure in England and Wales.’
Local Government Lawyer, 13th January 2016
Source: www.localgovernmentlawyer.co.uk
‘Student entrepreneur who created donotpay.co.uk has launched automated lawyer to help people challenge unfair fines.’
Daily Telegraph, 13th January 2016
Source: www.telegraph.co.uk
‘An investigation into “longstanding concerns about the affordability” and quality of legal services has been launched by the Competition and Markets Authority (CMA).’
The Guardian, 13th January 2016
Source: www.guardian.co.uk
Moyo v Nursing and Midwifery Council [2015] EWHC 3547 (Admin); [2015] WLR (D) 555
‘In fitness to practise hearings there was no formal burden or standard of proof at the sanction stage of the proceedings; rather it was for the panel to use its own professional judgment to decide what sanction would be proportionate in order to protect the public interest, which included: (1) protection of patients and others; (2) maintenance of public confidence in the professions and the regulatory body; and (3) declaring and upholding proper standards of conduct and behaviour.’
WLR Daily, 10th December 2015
Source: www.iclr.co.uk
‘A conviction for an offence contrary to section 170B(1) of the Customs and Excise Management Act 1979 was not required in order for goods to be liable to forfeiture under section 170B(2).”
WLR Daily, 16th December 2015
Source: www.iclr.co.uk
‘Employers can read workers’ private messages sent via chat software and webmail accounts during working hours, judges have ruled.’
BBC News, 13th January 2016
Source: www.bbc.co.uk
‘An inquest or an investigation had not been “held” for the purposes of section 13(1)(b) of the Coroners Act 1988 until an inquest had been conducted and completed.’
WLR Daily, 16th December 2015
Source: www.iclr.co.uk
‘Nothing in section 18(2) or (2A) of the Animals (Scientific Procedures) Act 1986 required the Secretary of State or someone acting under delegated authority to wait for an inspector’s report before taking any decision against the licence holder.’
WLR Daily, 14th December 2016
Source: www.iclr.co.uk
‘In Bloomsbury Verlag GmbH v HMRC [2015] UKFTT 660 (TC),the First-tier Tribunal (Tax and Chancery) (FTT) has held that the four-year time limit does not apply to corporation tax self-assessment returns and that trading losses can be carried forward even though they were not included in a return.’
RPC Tax Take, 8th January 2016
Source: www.rpc.co.uk
‘In BNY Mellon Corporate Trustee Services Ltd v LBG Capital No.1 and No. 2 Plc, the Court of Appeal reversed the first instance decision of the High Court, by allowing early redemption of certain convertible securities (known as Enhanced Capital Notes, or ECNs).’
Commercial Disputes Blog, 4th January 2016
Source: www.rpc.co.uk
‘The Supreme Court has provided long awaited clarification of the law on penalty clauses and liquidated damages, upholding the “penalty rule” but further limiting its utility in a commercial setting. In the adjoined appeals of Cavendish Square Holding v Talal El Makdessi and ParkingEye Limited v Beavis the Supreme Court created a new authority for consideration of the penalty rule doctrine, termed by Lordships Neuberger and Sumption to be “an ancient, haphazardly constructed edifice which has not weathered well”.’
RPC Built Environment, 6th January 2016
Source: www.rpc.co.uk
‘Sam Madge-Wyld considers the housing law agenda for 2016.’
LAG Housing Law, 12th January 2016
Source: www.laghousinglaw.com
‘A new test is needed to establish who is unfit to plead. The existing rules for deciding whether a defendant is unfit to participate in a criminal trial – and what the courts should do if they are not – are out of date, misunderstood and inconsistently applied.’
Law Commission, 13th January 2016
Source: www.lawcom.gov.uk
‘On Tuesday 29th December 2015, Section 76 Serious Crime Act 2015 came into force, this introduced the new criminal offence of “Controlling or coercive behaviour in an intimate or family relationship“. This offence has been introduced to strength the powers of the police, prosecution and courts in combating domestic abuse and dealing with those cases when an individual is trapped in a controlling and abusive relationship, but may not have been physically assaulted. It is also aimed to deal with the difficulties of obtaining convictions for offences under the Protection from Harassment Act 1997 as evidence in the case of R v Curtis [2010] EWCA Crim 123; [2010] 1 Cr. App. R. 31.’
Park Square Barristers, 6th January 2016
Source: www.parksquarebarristers.co.uk
‘A company that made almost 40 million nuisance calls in just 3 months has today had its licence revoked by the Claims Management Regulator (CMR).’
Ministry of Justice, 12th January 2016
Source: www.gov.uk/government/organisations/ministry-of-justice
‘Dawn Tighe considers the recent case of Re N Court of Appeal EWCA Civ 112 2015, determined by the Court of Appeal on 2nd November 2015 with regard to Article 15 applications.’
Park Square Barristers, 6th January 2016
Source: www.parksquarebarristers.co.uk
‘The Supreme Court has held in Thevarajah v Riordan [2015] UKSC 78 that:
(1) a party who failed to obtain relief from sanctions for non compliance with an order
cannot make a second application for relief without demonstrating a material change
in circumstances; and
(2) belated compliance with an order does not, of itself, constitute a material change
in circumstances.’
Radcliffe Chambers, 7th January 2016
Source: www.radcliffechambers.com
‘The government may be underestimating the severity of problems with its new digital legal aid billing system, solicitors have warned.’
Law Society’s Gazette, 12th January 2016
Source: www.lawgazette.co.uk
‘Neonicitinoids are a group of active ingredients in plant protection products (pesticides). Their use is limited by a Regulation made by the European Commission. There is active debate about their effect on bees.’
No. 5 Chambers, 11th January 2016
Source: www.no5.com
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