‘In K v K (Financial Remedy Final Order prior to Decree Nisi) 2016 EWFC 23, Cobb J remitted a case for rehearing on the basis that the trial judge had made an order prior to the grant of decree nisi of divorce. The case provides a salutary warning for lawyers about the limits of the Family Court’s powers to correct what was an innocent and – at first glance – merely procedural mistake.’
Tanfield Chambers, 22nd June 2016
Source: www.tanfieldchambers.co.uk
‘Many professions, for example doctors, lawyers etc require individuals to register and maintain a practising certificate in order to practice. Others do not. This can be a key difference when it comes to considering the jurisdiction of their regulator.’
Littleton Chambers, 7th June 2016
Source: www.littletonchambers.com
‘The public falling out between Jose’ Mourinho and Eva Carneiro happened during the first game of the season at Stamford Bridge, home of Chelsea Football Club. The manner in which this situation unfolded dominated the headlines, which resulted in a settlement at the Employment Tribunal, Croydon, London on Tuesday 7th June 2016.’
Park Square Barristers, 15th June 2016
Source: www.parksquarebarristers.co.uk
‘In the aftermath of the EU referendum, observers of British politics have been treated to a Shakespearean orgy of bloodletting, mud-slinging, defenestrating, and back-stabbing. Lawmakers of all parties are settling scores and jostling for position.’
Littleton Chambers, 7th July 2016
Source: www.littletonchambers.com
‘The claims involved the valuation of premiums under the Leasehold Reform Housing and Urban Development Act 1993. The UTLC listed three applications for the specific purpose of considering the validity of a hedonic regression model (“the Parthenia model”) to determine leasehold relativity. The Tribunal indicated the approach to be adopted for assessing relativity for different lease lengths and commented on the use of published relativity graphs.’
Tanfield Chambers, 21st June 2016
Source: www.tanfieldchambers.co.uk
‘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
‘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
‘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
‘It is entirely common for care proceedings to involve parents with learning disabilities or difficulties. This case is essential reading for all practitioners involved in such cases. It sets out the expectations on the state (inevitably through a local authority) to provide support to such parents in caring for their children.’
Park Square Barristers, 23rd June 2016
Source: www.parksquarebarristers.co.uk
‘One area of law where Brexit may have an impact is employment law.’
No. 5 Chambers, 1st July 2016
Source: www.no5.com
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
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