Lawyers rush to reassure clients after Brexit shock – Law Society’s Gazette

‘The legal profession is today digesting the UK’s historic decision to vote to leave the European Union.’

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Law Society’s Gazette, 24th June 2016

Source: www.lawgazette.co.uk

Now proportionality test bites in the Competition Appeal Tribunal – Litigation Futures

‘Proportionality has hit the Competition Appeal Tribunal as it capped a defendant’s recoverable costs at £350,000, compared to its budgeted costs of £637,000.’

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Litigation Futures, 24th June 2016

Source: www.litigationfutures.com

Party penalised in case ‘crying out’ for sensible negotiation – Law Society’s Gazette

Posted June 27th, 2016 in costs, disclosure, dispute resolution, documents, evidence, news by sally

‘The High Court has sent a strong message about non-disclosure and failing to negotiate by penalising a party over costs.’

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Law Society’s Gazette, 25th June 2016

Source: www.lawgazette.co.uk

First opt-out collective action lodged with Competition Appeal Tribunal – OUT-LAW.com

Posted June 27th, 2016 in appeals, class actions, competition, consumer protection, damages, news, tribunals by sally

‘The first opt-out collective action seeking damages for breaches of competition law has been lodged with the Competition Appeal Tribunal (CAT), following changes to the law in October 2015.’

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OUT-LAW.com, 27th June 2016

Source: www.out-law.com

Case Update: Judge expressing opinion on proportionality of incurred costs – Zenith PI Blog

‘In the recent case of Eil v Knowsley Metropolitan Borough Council (15/06/16) the court was considering the costs position on a claim arising out of a sexual assault. Due to the medical evidence the Claimant limited the claim to £50,000. A budget was submitted by the Defendant for £26,000. The Claimant’s budget was £104,373, of which half had already been incurred.’

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Zenith PI Blog, 27th June 2016

Source: www.zenithpi.wordpress.com

Nick Barber, Tom Hickman and Jeff King: Pulling the Article 50 ‘Trigger’: Parliament’s Indispensable Role – UK Constitutional Law Association

‘In this post we argue that as a matter of domestic constitutional law, the Prime Minister is unable to issue a declaration under Article 50 of the Lisbon Treaty – triggering our withdrawal from the European Union – without having been first authorised to do so by an Act of the United Kingdom Parliament. Were he to attempt to do so before such a statute was passed, the declaration would be legally ineffective as a matter of domestic law and it would also fail to comply with the requirements of Article 50 itself.’

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UK Constitutional Law Association, 27th June 2016

Source: www.ukconstitutionallaw.org

Part 36 uplift for beating offer includes contractual interest, High Court rules – Litigation Futures

‘The 10% uplift claimants receive for beating their part 36 offer includes contractual interest on the sum won at trial, the High Court has ruled.’

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Litigation Futures, 27th June 2016

Source: www.litigationfutures.com

‘Borderline’ civil cases no longer eligible for legal aid – Law Society’s Gazette

‘Legal aid will no longer be made available for cases with poor or borderline prospects of success that may have received funding, the government has said.’

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Law Society’s Gazette, 25th June 2016

Source: www.lawgazette.co.uk

Conflicts of interest – Law Society’s Gazette

‘In the recent decision of W Ltd v M SDN BHD [2016] EWHC 422, Knowles J considered a challenge by the claimant of an arbitral award on the grounds of ‘serious irregularity’ under section 68(2) of the Arbitration Act 1996. That section provides that ‘serious irregularity’ means an irregularity ‘which the court considers has caused or will cause substantial injustice to the applicant’. The claimant alleged apparent bias on behalf of the sole arbitrator, H, based on alleged conflict of interest.’

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Law Society’s Gazette, 27th June 2016

Source: www.lawgazette.co.uk

Brexit won the vote, but for now we remain in the EU – The Guardian

Posted June 27th, 2016 in constitutional law, EC law, news, parliament, referendums, time limits by sally

‘By not triggering article 50 of the Lisbon treaty immediately after the referendum, David Cameron has bought the UK more time to negotiate terms.’

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The Guardian, 24th June 2016

Source: www.guardian.co.uk

Paedophile who travelled 100 miles to rape 12-year-old girl jailed for six years – The Independent

‘A man who travelled 100 miles to rape a 12-year-old girl after blackmailing her online has been jailed for six years.’

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The Independent, 26th June 2016

Source: www.independent.co.uk

The UK is leaving – what will it mean for technology and life science businesses? – Technology Law Blog

‘After yesterday’s leave vote, the UK government will need to start the process of disentangling the country from the EU. Formal steps to trigger withdrawal under Article 50 of the EU Treaty are currently expected to await Prime Minister David Cameron’s replacement in the coming months, although informal negotiations may begin sooner. What will be the legal impact for innovative businesses?’

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Technology Law Blog, 24th June 2016

Source: www.technology-law-blog.co.uk

Where does the European Court of Justice go now? – UK Human Rights Blog

Posted June 27th, 2016 in EC law, news, referendums by sally

‘“What if…?” These kinds of questions may now seem pointless in the aftermath of the victory of Leave in the EU Referendum. Instead we hear ‘What’s done is done’, ‘Leave means Leave’, ‘out is out’, etc., etc., etc.’

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UK Human Rights Blog, 26th June 2016

Source: www.ukhumanrightsblog.com

Man jailed for four years after fathering two children with his niece in ‘appalling’ incest case – The Independent

Posted June 27th, 2016 in children, community service, DNA, incest, news, sentencing, sexual offences by sally

‘A man has been jailed after fathering two children with his niece.’

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The Independent, 26th June 2016

Source: www.independent.co.uk

Families hope for answers in Bristol review of hospital child deaths – The Guardian

‘The parents of young children who died on a controversial cardiac ward have spoken of their fears that they might not get the answers they crave ahead of the publication of an independent inquiry into their sons’ care.’

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The Guardian, 26th June 2016

Source: www.guardian.co.uk

Retired company director fined and reprimanded for destroying his own mother’s grave – Daily Telegraph

‘A retired company director has paid £4,500 in costs after being reprimanded by a judge for vandalising his own mother’s gravestone with a hammer.’

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Daily Telegraph, 26th June 2016

Source: www.telegraph.co.uk

LGA calls for councils to be given seat at table on replacement of EU laws – Local Government Lawyer

Posted June 27th, 2016 in budgets, EC law, local government, news, referendums by sally

‘The Local Government Association has called for councils to be given “a seat around the table” when decisions are taken over how to replace EU laws as part of the UK’s exit negotiations.’

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Local Government Lawyer, 24th June 2016

Source: www.localgovernmentlawyer.co.uk

Brexit and the Future of Data Protection – Employment Blog

Posted June 27th, 2016 in appeals, data protection, EC law, human rights, news, privacy, referendums by sally

‘As we all reel in shock at today’s news, thoughts will inevitably turn to how our impending divorce from Europe will impact on the sphere of data protection. Our own data protection laws have of course been profoundly shaped by Europe. Until yesterday, many had assumed that Europe’s control over our data protection laws would in due course become even more intensive, as we journeyed into a world in which the EU Data Protection Regulation reigned supreme across Europe. However, the clocks have stopped. The Regulation is not to become law in the UK. The future of data protection law is therefore necessarily shrouded in mystery.’

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Employment Blog, 24th June 2016

Source: www.employment11kbw.com

Chagos Islanders’ fate to be decided by top court – The Guardian

‘A decades-long battle by the exiled people of the Chagos Islands to be allowed to return home will reach its conclusion on Wednesday.’

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The Guardian, 26th June 2016

Source: www.guardian.co.uk

Jewish student awarded four-figure payment after anti-Semitism complaint – Daily Telegraph

Posted June 27th, 2016 in bullying, compensation, complaints, Judaism, news, racism, universities by sally

‘A Jewish student has received an apology and payment of £1,000 from the University of York Students’ Union after complaining of anti-Semitism.’

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Daily Telegraph, 26th June 2016

Source: www.telegraph.co.uk