The Landlord’s intention under the 1954 Act – Falcon Chambers

Posted April 14th, 2016 in appeals, landlord & tenant, news by sally

‘Part II of the Landlord and Tenant Act 1954, which confers security of tenure on business tenants, is perhaps one of the most widely used and best understood pieces of legislation in the field of property litigation. It is therefore relatively rare for those provisions to be considered at the level of the Court of Appeal.’

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Falcon Chambers, 3rd March 2016

Source: www.falcon-chambers.com

Raising funds to modernise the Probate Service – Hardwicke Chambers

Posted April 14th, 2016 in consultations, fees, internet, news, probate by sally

‘A banded approach to probate fees has been proposed by the Ministry of Justice (MoJ). Views are sought on proposals to impose fees of between £300 and £20,000, depending on the value of the estate. The value of an estate below which no fee is payable would rise from £5,000 to £50,000. The consultation is open until 1 April 2016.’

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Hardwicke Chambers, 29th March 2016

Source: www.hardwicke.co.uk

Adding Insult to Injury – Byrom Street Chambers

Posted April 14th, 2016 in damages, disabled persons, news, personal injuries by sally

‘This paper seeks to explore how causation and quantum should be determined where a pre-existing injury is worsened, or an additional injury is super imposed upon a pre-existing injury, by a Defendant’s negligence.’

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Byrom Street Chambers, 30th March 2016

Source: www.byromstreet.com

Judges’ reforms threaten the role of lay legal advisers – The Guardian

Posted April 14th, 2016 in fees, legal representation, litigants in person, McKenzie friends, news by sally

‘Following legal aid cuts, plans to bar McKenzie Friends from charging fees will put help beyond financial reach for many.’

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The Guardian, 13th April 2016

Source: www.guardian.co.uk

The Bar and shared parental leave – Cloisters

‘Since Shared Parental Leave (SPL) came into force a year ago on 5 April 2015, I have written, lectured and advised widely about this new legal entitlement. The people I have not engaged with much about SPL are barristers – for the key reason that as self-employed professionals rather than employees, they are excluded from this legal entitlement.’

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Cloisters, 7th April 2016

Source: www.cloisters.com

Adverse possession and control – Falcon Chambers

Posted April 14th, 2016 in adverse possession, land registration, news by sally

‘We like being in control. As lawyers, we want to be in control. What is more, sometimes the law requires our clients to be in control. And the law determines if a person is truly in control. In the legal context instances where control may be an issue include the control of companies and the control of vehicles. In the field of property, the concept of control rears its head in connection with adverse possession.’

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Falcon Chambers, March 2016

Source: www.falcon-chambers.com

Control of Documents – New Square Chamber

Posted April 14th, 2016 in civil procedure rules, disclosure, documents, news, subsidiary companies by sally

‘What happens when a party to proceedings refuses to give disclosure of documents held by its subsidiary? Can the parent company simply refuse to give disclosure on the basis that the subsidiary is a separate legal entity? CPR 31.8 provides that a party is obliged to give disclosure of documents in its “control.” In Ardila v ENRC [2015] EWHC 3761 (Comm) Males J sought to reconcile the competing first instance and appellate decisions on whether a parent company can be said to control the documents of its subsidiary.’

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New Square Chambers, 11th April 2016

Source: www.newsquarechambers.co.uk

UK has ‘legal duty’ to challenge Saudi Arabia over Yemen airstrikes – The Guardian

Posted April 14th, 2016 in international law, news, war, weapons by sally

‘The British government must challenge Saudi Arabia over whether it is using UK weapons to breach international humanitarian law by launching indiscriminate airstrikes in Yemen, a leading lawyer has told the UK arms export control select committee.’

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The Guardian, 13th April 2016

Source: www.guardian.co.uk

The Equality Act and Regulators – Which Forum? – Littleton Chambers

Posted April 14th, 2016 in appeals, courts, doctors, employment tribunals, equality, news, tribunals by sally

‘Dr Michalak’s name may be familiar to you. She was the doctor who brought a claim against her NHS employer (‘the Trust’) for sex and race discrimination, amongst other matters. Not only did the litigation reveal eye-watering events, it resulted in an eye-watering award of compensation (close to £4.5m) from the Leeds Employment Tribunal (‘ET’). The ET found that there had been a sustained campaign of unlawful conduct by various individuals against Dr Michalak culminating in a sham dismissal and causing post-traumatic stress disorder in Dr Michalak (Michalak v Mid Yorkshire Hospitals NHS Trust and Others [2011] ET 1810815/2008).’

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Littleton Chambers, 24th March 2016

Source: www.littletonchambers.com

Leave.EU to launch legal challenge against Electoral Commission decision to promote rival Out campaign – The Independent

Posted April 14th, 2016 in elections, news, political parties, referendums by sally

‘One of the groups campaigning to leave the European Union has said it will launch a legal challenge against a decision to designate its rival as the official Out campaign.’

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The Independent, 13th April 2016

Source: www.independent.co.uk

English courts still among most generous on divorce – Law Society’s Gazette

Posted April 14th, 2016 in choice of forum, divorce, financial provision, news by sally

‘England and Wales still remains one of the most generous jurisdictions for financially dependent spouses, despite greater judicial appetite for making ex-spouses provide for themselves, research by an international firm reveals.’

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Law Society’s Gazette, 13th April 2016

Source: www.lawgazette.co.uk

London borough gets enforcement agencies procurement challenge struck out – Local Government Lawyer

Posted April 14th, 2016 in bailiffs, contracting out, local government, London, news, public procurement by sally

‘The London Borough of Waltham Forest has successfully applied to the High Court for a procurement challenge to be struck out.’

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Local Government Lawyer, 13th April 2016

Source: www.localgovernmentlawyer.co.uk

What are you referring to…?” The increased latitude required when considering adjudicators’ jurisdiction – Hardwicke Chambers

Posted April 14th, 2016 in arbitration, construction industry, contracts, jurisdiction, news by sally

‘With both the US and London mayoral elections gaining momentum, and leading commentators poised to offer independent research, enlivened views and sage analysis, you really would be forgiven for not having had your eyes trained on recent enforcement action in the TCC.’

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Hardwicke Chambers, 1st April 2016

Source: www.hardwicke.co.uk

Barrister direct access service “growing fast”, with bespoke technology set to go live – Legal Futures

Posted April 14th, 2016 in barristers, case management, internet, news by sally

‘A direct access service providing the public and businesses with fixed-fee unbundled access to barristers, claims to have doubled its turnover in each of the last two years and expects to grow next year.’

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Legal Futures, 14th April 2016

Source: www.legalfutures.co.uk

European parliament set to pass passenger data law – The Guardian

Posted April 14th, 2016 in airports, data protection, EC law, intelligence services, news by sally

‘A counter-terrorism plan to share air-passenger data is set to become European law after five years of wrangling over security needs and privacy concerns.’

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The Guardian, 13th April 2016

Source: www.guardian.co.uk

Supreme Court hands down key ruling on welfare of foreign national children – Local Government Lawyer

Posted April 14th, 2016 in appeals, children, EC law, immigration, jurisdiction, news, Supreme Court by sally

‘The Supreme Court has unanimously allowed an appeal brought by a Children’s Guardian in a case concerning whether the courts of England or Hungary should have jurisdiction to determine proceedings concerning the future welfare of two young girls.’

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Local Government Lawyer, 13th April 2016

Source: www.localgovernmentlawyer.co.uk

‘Aggressive’ tax avoidance scheme based on Disney film rights to appeal to supreme court – The Guardian

Posted April 14th, 2016 in appeals, news, Supreme Court, tax avoidance by sally

‘A film partnership accused by HM Revenue & Customs of using industry exemptions to help its members avoid paying their fair share of tax will this week take its case to the supreme court.’

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The Guardian, 13th April 2016

Source: www.guardian.co.uk

FA asked to investigate, as Lucy Ward tribunal finds Leeds owner Massimo Cellino was sexist – The Independent

Posted April 14th, 2016 in employment tribunals, news, sex discrimination, sport by sally

‘The Football Association will be asked to launch an investigation into Leeds United owner Massimo Cellino and his former executive director Adam Pearson for alleged sexual discrimination, after an employment tribunal delivered a damning indictment of their decision to dismiss an experienced welfare worker from the club.’

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The Independent, 13th April 2016

Source: www.independent.co.uk

The lawyer who takes the cases no one wants – The Guardian

Posted April 14th, 2016 in bills, deportation, detention, immigration, law firms, legal aid, news, solicitors by sally

‘It has never been easy to win as an immigration lawyer – but now the government is trying to make it impossible.’

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The Guardian, 14th April 2016

Source: www.guardian.co.uk

Employment Law Implications for Liquidated Damages and the Penalty Rule Following El Makdessi – Littleton Chambers

Posted April 14th, 2016 in appeals, contracts, damages, employment, news, penalties, Supreme Court by sally

‘In English law there is a presumption in favour of freedom of contract. The penalty rule represents an exception to that principle. A properly drafted liquidated damages clause entitles the claimant to recover the amount stipulated in the clause even if the actual loss is less than the amount payable. The inclusion of the clause is intended to provide certainty, to make the recovery of damages easier and less costly and, from the opposite perspective, to limit liability.’

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Littleton Chambers, 4th April 2016

Source: www.littletonchambers.com