Chetwynd and another v Tunmore and another – WLR Daily

Posted June 17th, 2016 in causation, fisheries, law reports, statutory duty, water by tracey

Chetwynd and another v Tunmore and another: [2016] EWHC 156 (QB)

‘The claimants alleged that the excavation of lakes by the defendants on the defendants’ land, and the abstraction of underground water as a result, had adversely affected the claimants’ fishery, in particular the water levels in the ponds therein. They issued a claim against the defendants, inter alia, under section 48A of the Water Resources Act 1991, seeking damages for the loss of fish from the ponds, the loss of income from the fishery, the costs of remediating the ponds, expenses incurred and for loss of amenity. The defendants denied liability on the basis that, under section 48A, they could only be liable for loss or damage caused by the abstraction which could reasonably have been foreseen by them and that, in any event, the claimants had failed to prove on the balance of probabilities that the defendants’ abstraction of water by the excavation of the lakes was the effective cause of the claimants’ alleged loss or damage.’

WLR Daily, 4th February 2016

Source: www.iclr.co.uk

BNY Mellon Corporate Trustee Services Ltd v LBG Capital No 1 plc and another – WLR Daily

Posted June 17th, 2016 in banking, contracts, interpretation, law reports, trusts by tracey

BNY Mellon Corporate Trustee Services Ltd v LBG Capital No 1 plc and another [2016] UKSC 29

‘In March 2009, the financial services regulatory authority conducted a stress test of a banking group against the then applicable benchmark of a ratio of core tier 1 (“CT1”) capital to risk-weighted assets. The test demonstrated a shortage of capital. As a result, the defendants, two wholly-owned subsidiaries of the group, issued contingent convertible securities, described as enhanced capital notes. The notes, which carried a relatively high rate of interest, were not redeemable until specified maturity dates between 2019 and 2032 unless they were converted into shares on the occurrence of a conversion trigger, being any time when the group’s CT1 ratio fell below 5%, or they were redeemed early by the group on the occurrence of a capital disqualification event. Under clause 19 of the notes’ terms and conditions, contained in the trust deed, a capital disqualification event was deemed to have occurred if the notes ceased to be taken into account for the purposes of any stress test applied by the regulatory authority in respect of the group’s “consolidated CT1 ratio”. In 2013 regulatory changes replaced CT1 capital with a more restrictive category, common equity tier 1 (“CET1”) capital. The regulatory authority announced that the notes would now need to have a trigger for conversion higher than 5.125% CET1 in order to count as core capital but, under the terms of the notes, conversion would only be triggered if the group’s CET1 ratio fell to 1%. In December 2014 the regulatory authority carried out a stress test which did not take into account the notes and, as a result, the group announced that a capital disqualification event had occurred and that it was entitled to redeem the notes. The claimant trustee, on behalf of the note holders, sought a declaration that a capital disqualification event had not occurred, contending that the December 2014 stress test was not relevant for the purposes of clause 19 because it had been conducted by reference to a CET1 ratio rather than a consolidated CT1 ratio and that, alternatively, the fact that the notes had not been taken into account in the December 2014 stress test was not enough to trigger a capital disqualification event, rather the notes had to have been disallowed in principle from being taken into account for the purposes of the tier 1 ratio. The judge rejected the trustee’s first argument but accepted the second argument and declared that a capital disqualification event had not occurred. On the defendants’ appeal, the Court of Appeal, in construing the trust deed, took into account statements in the exchange offer memorandum, a letter from the group’s chairman and documents issued by the regulatory authority at and before the time at which the notes had been issued, and it allowed the appeal, holding that a capital disqualification event had occurred and that, therefore, the defendants were entitled to redeem the notes.’

WLR daily, 16th June 2016

Source: www.iclr.co.uk

Children: Private Law Update (June 2016) – Family Law Week

Posted June 17th, 2016 in children, costs, DNA, enforcement, news, undertakings by tracey

‘Alex Verdan QC of 4 Paper Buildings reviews recent important judgments in private law children cases.’

Full story

Family Law Week, 15th June 2016

Source: www.familylawweek.co.uk

Are our future barristers getting the training they need? – The Future of the Law

Posted June 17th, 2016 in barristers, legal education, news by tracey

‘As large numbers of students continue to pursue a career at the bar, Diana Bentley speaks to those at the forefront of the education of barristers about whether the current approach is appropriate – both for the students and the wider profession.’

Full story

The Future of the law, 13th June 2016

Source: http://blogs.lexisnexis.co.uk/futureoflaw

Stay of execution and change of circumstances – Nearly Legal

Posted June 17th, 2016 in news, repossession, stay of execution, trustees in bankruptcy by tracey

‘Hall (Trustee in Bankruptcy of the Estate of Elias Elia) v Elia & Elia. High Court Ch D 10/03/2016.
The Elias, mother and son, applied for a stay of execution of a possession order. The property was owned by the son who was bankrupt. The possession order had been obtained by the trustee in bankruptcy.’

Full story

Nearly Legal, 12th June 2016

Source: www.nearlylegal.co.uk

Seven Important Ways Human Rights Laws Are Protecting Older People – RightsInfo

Posted June 17th, 2016 in elderly, human rights, news by tracey

‘Today is World Elder Abuse Awareness Day. There are now 11.4 million people aged 65 or over in the UK – nearly 1/5 of the population. Over 500,000 elderly people are abused in the UK every year. But human rights can protect older people in a number of ways.’

Full story

Rightsinfo, 15th June 2016

Source: www.rightsinfo.org

When Allegations of Fraud are not Enough – Zenith PI

Posted June 17th, 2016 in default judgments, fraud, news by tracey

‘A default judgment will not be set aside as a matter of course just because arguable fraud is alleged.’

Full story

Zenith PI, 15th June 2016

Source: www.zenithpi.wordpress.com

Prosecution by watchdog sees adult care provider fined £190k – Local Government Lawyer

Posted June 17th, 2016 in care homes, fines, health & safety, news, prosecutions by tracey

‘An adult social care provider has been fined £190,000 after being prosecuted by the Care Quality Commission for failing in its duty to provide safe care and treatment.’

Full story

Local Government Lawyer, 16th June 2016

Source: www.localgovernmentlawyer.co.uk

Big rise in complaints by solicitors against solicitors as “litigation tactics become tougher” – Litigation Futures

‘Complaints about misconduct made against solicitors by solicitors, barristers and other professionals have increased by a third in the past five years, it has emerged.’

Full story

Litigation Futures, 17th June 2016

Source: www.litigationfutures.com

Leigh Day “breached duty” to thousands of Trafigura claimants who did not receive share of £30m settlement – Legal Futures

Posted June 17th, 2016 in compensation, law firms, negligence, news, pollution by tracey

‘Leading group action law firm Leigh Day has been found guilty of professional negligence after 6,624 of the claimants it represented in the high-profile Trafigura case were not paid their share of the £30m settlement.’

Full story

Legal Futures, 17th June 2016

Source: www.legalfutures.co.uk

Supreme Court rejects HRA over private tenancy – Law Society’s Gazette

Posted June 17th, 2016 in compulsory purchase, housing, human rights, news, Supreme Court by tracey

‘The Supreme Court has ruled that private tenants cannot rely on the right to a private and family life under the European Convention on Human Rights to challenge a mandatory possession order.’

Full story

Law Society’s Gazette, 16th June 2016

Source: www.lawgazette.co.uk

BAILII: Recent Decisions

Posted June 17th, 2016 in law reports by sally

High Court (Commercial Court)

High Court (Family Division)

High Court (Patents Court)

High Court (Queen’s Bench Division)

High Court (Technology and Construction Court)

Source: www.bailii.org

Neuberger warns of conflict risks posed by ABSs and conditional fees – Law Society’s Gazette

Posted June 17th, 2016 in alternative business structures, conflict of interest, fees, news by tracey

‘Supreme Court president Lord Neuberger has warned that alternative business structures and conditional fee agreements are two ‘concerning’ developments which could pose a threat to lawyers’ ethical duties.’

Full story

Law Society’s Gazette, 16th June 2016

Source: www.lawgazette.co.uk

International Children Law Update: June 2016 – Family Law Week

‘Jacqueline Renton, barrister of 4 Paper Buildings, reviews the latest key decisions in international children law.’

Full story

Family Law Week, 7th June 2016

Source: www.familylawweek.co.uk

Finance & Divorce Update June 2016 – Family Law Week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during May 2016.’

Full story

Family Law Week, 3rd June 2016

Source: www.familylawweek.co.uk

Pair found not guilty of Remembrance Day beheading plot – BBC News

Posted June 17th, 2016 in conspiracy, news, terrorism by tracey

‘Two men have been cleared of planning to behead a poppy seller, soldier or a police community support officer (PCSO) during Remembrance Day commemorations.’

Full story

BBC News, 16th June 2016

Source: www.bbc.co.uk

Civil servant stole £1m from Government to buy a luxury flat – Daily Telegraph

Posted June 17th, 2016 in civil servants, fraud, news, sentencing by tracey

‘A Department for Education manager who defrauded the Government of more than £1m to buy a luxury flat has been jailed after he was turned in by his mother.’

Full story

Daily Telegraph, 16th June 2016

Source: www.telegraph.co.uk

Saudi prince wins High Court battle against £20m payout to late king’s ‘secret wife’ – The Independent

Posted June 17th, 2016 in appeals, barristers, bias, judiciary, married persons, news, Saudi Arabia by tracey

‘The son of the late King Fahd of Saudi Arabia has won an appeal against a multi-million-pound award handed to his father’s “secret wife”. Palestinian-born Janan Harb, won a package of cash and property worth more than £20m last November. Judge Peter Smith, sitting at London’s High Court, accepted her assertions that Prince Abdul Aziz, had agreed to the huge payout. But lawyers for the prince later asked Court of Appeal judges to quash the “unsustainable” award.’

Full story

The Independent, 16th June 2017

Source: www.independent.co.uk