12/07/2016 – Page 2 – Current Awareness

Uncorroborated children’s allegations – procedure – Park Square Barristers

Posted July 12th, 2016 in appeals, child abuse, children, evidence, news, witnesses by sally

‘This article summarises a recent appeal against findings of fact made in the family court. It’s an interesting case as it serves to remind practitioners of the factors that should be taken into account in considering the investigation procedure when the court is dealing with uncorroborated children’s allegations. Will Tyler QC, a member of Park Square Barristers, acted for the appellant.’

Park Square Barristers, 21st June 2016

Source: www.parksquarebarristers.co.uk

Daniel Tatton-Brown QC on Misuse of Confidential Information and Interim Remedies -Littleton Chambers

Posted July 12th, 2016 in competition, costs, database right, employment, misuse of private information, news by sally

‘A rogue employee leaving their employer and taking with him confidential information such as a customer or pricing list can potentially cause significant damage to the ex-employer’s business.’

Littleton Chambers, 12th July 2016

Source: www.littletonchambers.com

Credit where Creditor’s due – Tanfield Chambers

Posted July 12th, 2016 in appeals, civil procedure rules, news, probate, wills by sally

‘In Randall v Randall [2016] EWCA Civ 494, the Court of Appeal considered whether a creditor of a beneficiary of an estate had sufficient standing to bring a probate claim to challenge the validity of a purported will of the testatrix.’

Tanfield Chambers, 22nd June 2016

Source: www.tanfieldchambers.co.uk

Anthony Korn Examines the Potential Implications of Brexit on Employment Law – No. 5 Chambers

Posted July 12th, 2016 in brexit, EC law, employment, news, referendums, treaties by sally

‘One area of law where Brexit may have an impact is employment law.’

No. 5 Chambers, 1st July 2016

Source: www.no5.com

The Armed Services and the Conflict of Laws: What Law Applies to Services Personnel Injured Abroad? – Old Square Chambers

Posted July 12th, 2016 in armed forces, conflict of laws, contracting out, duty of care, negligence, news, personal injuries by sally

‘In Rai v Ministry of Defence (HH Judge Mark Gargan sitting as a Deputy High Court Judge, judgment handed down on 9 May 2016), the Court had to determine whether the Rome II Regulation 864/2007 applied and to identify what was the proper law of the tort (Alberta law being the law of the place of the accident, or English law). The Claimant was a serving Ghurkha who, as part of Adventurous Training, was sent to Canada. In Canada he received training provided by a Canadian company (“Lazy H Trail Limited”) contracted to provide services, under a contract governed by Alberta law, for the benefit of the British Army. The circumstances of the accident were that the Claimant was kicked by a horse on the first day of training, as he attempted to clean the horse’s hoof, thereby suffering a head injury. The Claimant brought a claim for breach of a non-delegable duty of care in negligence against the Ministry of Defence.’

Old Square Chambers, 16th June 2016

Source: www.oldsquare.co.uk

Deposit Dilemmas – Tanfield Chambers

Posted July 12th, 2016 in contracts, deposits, news, repayment, rescission, sale of land by sally

‘Contracts for the sale of land can fail to complete for many reasons. The Standard Conditions and Standard Commercial Conditions require a 10% deposit to be paid on exchange of contracts. This can amount to a substantial sum of money. Purchasers will know that where they fail to complete it is commonplace for the vendor to retain that deposit. In the current market, with property prices soaring ever higher, the out-of-pocket purchaser may be justified in feeling that the vendor has obtained a windfall in keeping the deposit and selling the property on to a third party at a higher price.’

Tanfield Chambers, 6th July 2016

Source: www.tanfieldchambers.co.uk

Tribunal rejects costs application delayed by solicitors with “inexplicable” ignorance of rules – Litigation Futures

Posted July 12th, 2016 in costs, law firms, news, solicitors, time limits, tribunals by sally

‘A costs application, delayed by over five months as a result of “elementary errors” by solicitors, has been rejected as out of time by the First Tier Tax Tribunal (FTT).’

Litigation Futures, 12th July 2016

Source: www.litigationfutures.com

Surrogacy – Child Arrangement Orders – Park Square Barristers

Posted July 12th, 2016 in child arrangements orders, children, contact orders, learning difficulties, news, parental responsibility, surrogacy by sally

‘This article summarises the recent landmark decision in Re Z (surrogacy agreements) (Child Arrangements Orders) [2016] EWFC 34 whereby the Court awarded full care of the child to the surrogate Mother.’

Park Square Barristers, 11th July 2016

Source: www.parksquarebarristers.co.uk

Management Issues at Mixed-Use Developments – Tanfield Chambers

Posted July 12th, 2016 in consultations, covenants, enfranchisement, housing, leases, news, service charges by sally

‘By their very nature, mixed-use developments involve multiple parties with competing interests. This often leads to disputes regarding the management of the estate and the cost of maintaining it and, ultimately, to leaseholders wanting to take control (either by exercising the right to collective enfranchisement or the right to manage).’

Tanfield Chambers, 10th June 2016

Source: www.tanfieldchambers.co.uk

Stamp Duty Land Tax – Tanfield Chambers

Posted July 12th, 2016 in enfranchisement, housing, leases, news, stamp duty, taxation by sally

‘Does the 3% second home surcharge apply to statutory lease extensions and enfranchisement under the 1993 and 1967 Acts?’

Tanfield Chambers, 6th June 2016

Source: www.tanfieldchambers.co.uk

Brexit: What should EEA and EU nationals and their family members do now? – Free Movement

Posted July 12th, 2016 in brexit, citizenship, EC law, families, freedom of movement, immigration, news, referendums, treaties by sally

‘On 24 June 2016 the right to live in the United Kingdom for over 3 million people of its people was suddenly cast into doubt. If generous provision is not made for them we are looking at the biggest mass expulsion of population since 1290, when Edward I infamously ordered the Jews of England into exile.’

Free Movement, 12th July 2016

Source: www.freemovement.org.uk

Mental Capacity Law Newsletter – 39 Essex Chambers

Posted July 12th, 2016 in mental health, news by sally

Mental Capacity Law Newsletter (PDF)

39 Essex Chambers, July 2016

Source: www.39essex.com

Evidence concern over race review in criminal justice – Law Society’s Gazette

Posted July 12th, 2016 in criminal justice, evidence, news, race discrimination, racism, reports by sally

‘A government-sponsored review of possible racial bias in the criminal justice system must not be jeopardised by evidential shortcomings, the Bar Council and Criminal Bar Association have said.’

Law Society’s Gazette, 11th July 2016

Source: www.lawgazette.co.uk

High Court: cost savings of predictive coding “extremely significant” – Litigation Futures

Posted July 12th, 2016 in computer programs, costs, disclosure, news by sally

‘The High Court has described the cost savings that can be achieved by using predictive coding for disclosure rather than a standard keyword search as “extremely significant”.’

Litigation Futures, 12th July 2016

Source: www.litigationfutures.com

Ministry of Justice doubles financial threshold for identifying judicial review backers – Litigation Futures

Posted July 12th, 2016 in consultations, costs, judicial review, legal aid, news, third parties by sally

‘The government has doubled the threshold above which third-party contributors to judicial reviews (JRs) will have to be identified.’

Litigation Futures, 11th July 2016

Source: www.litigationfutures.com

Yossi Nehushtan: Why Is It Illegal for the Prime Minister to Perceive the EU Referendum’s Result as Morally-Politically Authoritative? – UK Constitutional Law Association

Posted July 12th, 2016 in brexit, constitutional law, constitutional reform, EC law, illegality, news, parliament, referendums, royal prerogative, treaties by sally

‘On the legal front, the current debate focuses on the question of who has the legal authority to trigger Article 50 of the Lisbon Treaty and begin the Brexit process. Some argue (quite convincingly) that only Parliament has this authority (and see Barber, Hickman, and King’s post). Others argue that Government, and in fact the Prime Minister, acting under the Royal Prerogative, can act without the approval of Parliament. The latter is, apparently, the view of Government’s lawyers.’

UK Constitutional Law Association, July 2016

Source: www.ukconstitutionallaw.org

Justice secretary Michael Gove warned he will ‘lose control’ over crisis in prisons – The Independent

Posted July 12th, 2016 in industrial action, news, prison officers, prisons by sally

‘Justice Secretary and former Conservative Party leadership contender Michael Gove has been accused of being “absent” as Britain’s prisons have been plunged into crisis and hit by a series of staff walkouts.’

The Independent, 11th July 2016

Source: www.independent.co.uk

FCA will look to ensure consumer protection and support for fintech innovation in crowdfunding review, says expert – OUT-LAW.com

Posted July 12th, 2016 in consumer protection, disclosure, financial regulation, news by sally

‘The Financial Conduct Authority (FCA) will look to ensure that consumers are sufficiently protected against the risks inherent in crowdfunding while supporting innovation in the growing market in a forthcoming review of its regulation of the industry, an expert has said.’

OUT-LAW.com, 11th July 2016

Source: www.out-law.com

Law Society lays into SRA over handbook rewrite and risk of creating “two-tier” profession – Legal Futures

Posted July 12th, 2016 in law firms, Law Society, legal profession, news, solicitors by sally

‘The Law Society has blasted Solicitors Regulation Authority (SRA) plans to allow solicitors to practise from unregulated businesses, saying they risk creating a two-tier profession and eroding the standing of the profession.’

Legal Futures, 12th July 2016

Source: www.legalfutures.co.uk

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