‘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.’
The Guardian, 13th April 2016
Source: www.guardian.co.uk
‘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.’
Local Government Lawyer, 13th April 2016
Source: www.localgovernmentlawyer.co.uk
‘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.’
The Guardian, 13th April 2016
Source: www.guardian.co.uk
‘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.’
The Independent, 13th April 2016
Source: www.independent.co.uk
‘It has never been easy to win as an immigration lawyer – but now the government is trying to make it impossible.’
The Guardian, 14th April 2016
Source: www.guardian.co.uk
‘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.’
Littleton Chambers, 4th April 2016
Source: www.littletonchambers.com
‘On 1 October 2015 the Consumer Rights Act 2015 (“CRA”) came into force. CRA superseded the Unfair Terms in Consumer Contracts Regulations 1999 (“UTCCR”). The CRA aims to modernise, simplify and consolidate key parts of consumer law; it is the cornerstone of an extensive consumer law reform programme. Anyone acting in a landlord and tenant dispute or drafting tenancy or lease agreement needs to be familiar with its provisions’
Hardwicke Chambers, 11th March 2016
Source: www.hardwicke.co.uk
‘Today’s banks are in receipt of the largest fines ever imposed by the Financial Conduct Authority (FCA), or its predecessor the Financial Services Authority (FSA), and although they are taking responsibility for a number of failings (eg PPI, Derivatives, LIBOR and FOREX), restrictions on recovering loss, in particular where consequential loss is concerned, have come under significant scrutiny. This article examines the measure of loss in tort and contract, and particularly explores investors’ difficulties when making claims for loss of profit caused by mis selling.’
Hardwicke Chambers, 31st March 2016
Source: www.hardwicke.co.uk
‘In a recent decision the Companies Court has held that trustees in bankruptcy do not need to satisfy the actual registration requirements set out in s.124(2)(b) of the Insolvency Act 1986 (“IA”) before presenting a just and equitable winding-up petition. For the first time, the decision in Stratford Edward Hamilton & James Ashley Dowers (Trustees in Bankruptcy of Charles Newell Brown) v Maureen Frances Brown & C&MB Holdings Ltd [2016] EWHC 191 (Ch)puts bankruptcy trustees in the same position as they are in with respect to unfair prejudice petitions and means that they do not have to wait a minimum of six months following their appointment to have the necessary locus to present a just and equitable winding up petition.’
New Square Chambers, 11th April 2016
Source: www.newsquarechambers.co.uk
‘The reach of the Defective Premises Act and what ‘defective’ means within the context of the Act, was the subject of detailed consideration in the QBD recently, in Dodd v Raebarn Estates [2016].’
Hardwicke Chambers, 8th March 2016
Source: www.hardwicke.co.uk
‘The law on recovery for damages in wrongful birth and wrongful conception cases has been settled for some time; since the cases of McFarlane v Tayside Board of Health [2000] 2 AC 59, Parkinson v St James and Seacroft University Hospital NHS Trust [2001] EWCA Civ 530 and Rees v Darlington Memorial Hospital NHS Trust [2002] EWCA Civ 88 there has been little, if any, disruption to the status quo. It is clear however that there do remain some unanswered questions regarding the limits of recovery in this area; one such query arose in the more recent case of Whitehead v Searle [2008] EWCA Civ 285, where the rights of a father in these actions was considered.’
Hardwicke Chambers, 8th April 2016
Source: www.hardwicke.co.uk
‘Dodge the tumbleweed blowing down the corridors, enter any Employment Tribunal (ET) waiting room and you will almost certainly see at least one employment lawyer sitting, staring at the dregs in their polystyrene cup looking to see whether the tealeaves will reveal if and when ET litigation will rise again, or whether the end of the ET system is nigh.’
Littleton Chambers, 24th March 2016
Source: www.littletonchambers.com
‘In 2011, Marks and Spencer plc (“M&S”) operated a “break clause” in commercial leases of office premises. Following determination, M&S sought to recover from the landlord advance quarterly rent that it had paid for the period after the successful break. M&S relied, in part, on an implied term claim that post-break rent should be returned to it. The landlord denied the claim and litigation ensued. Morgan J in the High Court gave judgment for M&S on the claim. The Court of Appeal unanimously reversed the judgment. The Supreme Court unanimously dismissed M&S’ appeal and re-stated the principles for the implication of contract terms: Marks and Spencer plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd[2015] UKSC 72, [2015] 3 WLR 1843.’
New Square Chambers, 11th April 2016
Source: www.newsquarechambers.co.uk
‘Nicholas Siddall analyses the recent decision of Simler J(P) in Arch Initiatives v GMW Mental Health NHS Foundation Trust & Others [2016] UKEAT/0267/15/RN and seeks to analyse the wider importance of the decision.’
Littleton Chambers, 5th April 2016
Source: www.littletonchambers.com
‘Proprietary estoppel claims can give rise to a particular issue: should the measure of the claimant’s relief be compensation for detriment or, more generously, enforcement of the relevant promise or assurance?’
New Square Chambers, 11th April 2016
Source: www.newsquarechambers.co.uk
‘David Rose reviews the recent Court of Appeal decision in Burns v Burns [2016] EWCA Civ 37, which contains an up-to-date summary of the law relating to testamentary capacity and knowledge & approval.’
Park Square Barristers, 31st March 2016
Source: www.parksquarebarristers.co.uk
SI 2016/500 – The Exempt Charities Order 2016
SI 2016/497 – The Chief Regulator of Qualifications and Examinations Order 2016
SI 2016/496 – The General Dental Council (Fitness to Practise etc.) Order 2016
SI 2016/475 – The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2016
SI 2016/471 – The Hornsea One Offshore Wind Farm (Amendment) Order 2016
SI 2016/482 – The March West and White Fen Internal Drainage Board Order 2016
SI 2016/486 – The Wireless Telegraphy (Exemption) (Amendment) Regulations 2016
SI 2016/478 – The Education (National Curriculum) (Specified Purpose) (England) Order 2016
SI 2016/458 – The Apprenticeship Certificate (England) Regulations 2016
SI 2016/457 – The Renewables Obligation Closure Etc. (Amendment) Order 2016
SI 2016/455 – The Infrastructure Act 2015 (Commencement No. 5) Regulations 2016
SI 2016/454 – The Vaccine Damage Payments (Specified Disease) Order 2016
Source: www.legislation.gov.uk
Court of Appeal (Civil Division)
High Court (Administrative Court)
Harris & Anor, R (on the application of) v Broads Authority [2016] EWHC 799 (Admin) (12 April 2016)
High Court (Chancery Division)
Sharp & Ors v Blank & Ors [2016] EWHC 776 (Ch) (12 April 2016)
Der Merwe v Goldman & Ors [2016] EWHC 790 (Ch) (11 April 2016)
High Court (Family Division)
I, Re (Human Fertilisation And Embryology Act 2008) [2016] EWHC 791 (Fam) (12 April 2016)
E-R (Child Arrangements) [2016] EWHC 805 (Fam) (08 April 2016)
High Court (Patents Court)
American Science & Engineering Inc v Rapiscan Systems Ltd [2016] EWHC 756 (Pat) (11 April 2016)
High Court (Queen’s Bench Division)
Axon v Ministry of Defence [2016] EWHC 787 (QB) (11 April 2016)
Gurieva & Anor v Community Safety Development (UK) Ltd [2016] EWHC 643 (QB) (06 April 2016)
Sparrow v Andre [2016] EWHC 739 (QB) (06 April 2016)
Source: www.bailii.org
England and Wales Cricket Board Ltd and another v Tixdaq Ltd and another [2016] EWHC 575 (Ch)
‘The claimants owned the copyrights in television broadcasts, and in films incorporated within such broadcasts, of most cricket matches played by the English cricket teams in England and Wales. The defendants operated a website and various mobile applications (“Apps”) which used screen capture technology to copy clips of broadcast footage of sporting events and uploaded those clips to the Apps. The defendants’ uploaded a considerable number of clips of broadcasts of cricket matches, lasting up to eight seconds, to the Apps where they could be viewed by users. Users could also upload clips, together with commentary, on to the website and the defendants’ social media accounts. The claimants brought a claim for damages, alleging uploading the clips prima facie constituted breaches of sections 16, 17 and/or 20 of the Copyright Designs and Patents Act 1988. The 1988 Act did not require either broadcasts or films to be original in order for copyright to subsist in them. An issue arose as to the applicable test for substantiality in circumstances where there was no intellectual creation. The question went to both infringement, which required an act such as reproduction or communication to the public of the whole, or any “substantial part” of a work, and also to the applicability of the fair dealing defence in section 30(2) of the 1988 Act, on which the defendants relied.’
WLR Daily, 18th April 2016
Source: www.iclr.co.uk
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