Time to party (over that wall) like it’s 1996 – Hardwicke Chambers

Posted December 1st, 2016 in boundaries, enforcement, news by sally

‘As the incredible rise of our transatlantic wall-building friend sets gently into the twilight of credulity, it provides us with an opportunity to get back to reality with the Party Wall etc. Act 1996 (PWA 1996).’

Full story

Hardwicke Chambers, 1st December 2016

Source: www.hardwicke.co.uk

High Court clarifies that there is a distinction between a barn “conversion” and a “rebuild” in context of permitted development – No. 5 Chambers

Posted December 1st, 2016 in appeals, housing, news, planning by sally

‘The Claimants proposed to develop a 30 metre, steel-framed barn, which was largely open on three sides, on their land at Wysall, Nottinghamshire into a dwelling-house. They sought approval from Rushcliffe Borough Council (“the Council”) arguing that planning permission was not required on the basis that the proposed works constituted a “permitted development”. After the Council refused and an appeal to a the Secretary of State failed, the Claimants applied to the High Court under section 288 Town and Country Planning Act 1990 to quash the decision of the Inspector refusing the appeal.’

Full story

No. 5 Chambers, 18th November 2016

Source: www.no5.com

The Taxonomy of Evidence: Experts, Facts, Opinions and the Courts by Grahame Anderson – Littleton Chambers

Posted December 1st, 2016 in admissibility, evidence, expert witnesses, news, opinions by sally

‘In Darby Properties Limited and another v Lloyds Bank plc, Master Matthews has given judgment in a case concerning the admissibility of expert evidence in an interest rates hedging products case.’

Full story

Littleton Chambers, 24th November 2016

Source: www.littletonchambers.com

Judicial Assessments: More New Clothes for the Emperor? By Daniel Northall – Littleton Chambers

Posted December 1st, 2016 in arbitration, case management, costs, employment tribunals, judiciary, news by sally

‘On 3 October 2016, the President of the Employment Tribunals, Judge Brian Doyle, issued presidential guidance on a newly introduced process of judicial assessment.’

Full story

Littleton Chambers, 18th November 2016

Source: www.littletonchambers.com

Excalibur and third party funders – guidance from the Court of Appeal – Hardwicke Chambers

Posted December 1st, 2016 in appeals, costs, news, third parties by sally

‘The Court of Appeal has this morning handed down its judgment in the case of Excalibur Ventures LLC v Texas Keystone Inc and others, a decision that is of great importance to third party funders and their potential liability for adverse costs.’

Full story

Hardwicke Chambers, 18th November 2016

Source: www.hardwicke.co.uk

Disability and homelessness: bringing home human rights – Cloisters

Posted December 1st, 2016 in disabled persons, homelessness, human rights, local government, news, treaties by sally

‘Sally Robertson considers the decision of R (GS) v London Borough of Camden [2016] EWHC 1762 (Admin), 27 July 2016 in this blog.’

Full story

Cloisters, 9th November 2016

Source: www.cloisters.com

Contractual indemnity clauses and costs of service charge proceedings in the First-Tier Tribunal – Hardwicke Chambers

Posted December 1st, 2016 in costs, indemnities, landlord & tenant, leases, news, tribunals by sally

‘A landlord may rely on a contractual indemnity clause in a lease to claim as an administration charge the whole of the costs of service charge proceedings in the First Tier Tribunal (Property Chamber) even where it has already been awarded some of its costs under rule 13(1)(b) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, as Martin Rodger QC, Deputy President, has held in 87 St George’s Square Management Ltd v Whiteside [2016] UKUT 438 (LC).’

Full story

Hardwicke Chambers, 14th November 2016

Source: www.hardwicke.co.uk

Mooring Rights – Falcon Chambers

Posted December 1st, 2016 in news, rights of way, ships, water by sally

‘Mooring involves attaching a boat to the bed or to the bank of a river. So the first stage of the analysis involves establishing who owns the bed and/or the bank.’

Full story

Falcon Chambers, October 2016

Source: www.falcon-chambers.com

Competition Law claims post-Brexit: the issue of applicable law – Blackstone Chambers

Posted December 1st, 2016 in competition, EC law, news, treaties by sally

‘Once notification is given by the UK Government of its intention to withdraw from the European Union under Article 50 TFEU, EU law will cease to apply in the UK after the expiry of two years (absent an agreement between all 28 Member States extending the relevant period). What then happens to the UK’s competition law regime, which is closely intertwined with EU law, both substantively and procedurally?’

Full story

Blackstone Chambers, 22nd November 2016

Source: www.blackstonechambers.com

Is gender segregation in education discriminatory? – Cloisters

Posted December 1st, 2016 in education, gender, news, school children, sex discrimination by sally

‘Rachel Barrett and Chris Milsom discuss the recent case of Interim Executive Board of X School v Chief Inspector of Education, Children’s Services and Skills [2016] EWHC 2813 (Admin) in this blog.’

Full story

Cloisters, 10th November 2016

Source: www.cloisters.com

When is an injury not an injury? – Doughty Street Chambers

Posted December 1st, 2016 in evidence, industrial injuries, insurance, news, noise, personal injuries by sally

‘The overworking of the de minimis argument in noise-induced hearing loss claims shows the need for proper evidental preparaton and some clearer guidance from the senior courts following Rothwell.’

Full story

Doughty Street Chambers, 21st November 2016

Source: www.doughtystreet.co.uk

Islands of jurisdiction for competition damages claims in a post-Brexit world – Blackstone Chambers

Posted December 1st, 2016 in competition, damages, EC law, jurisdiction, news, treaties by sally

‘When the UK leaves the EU, the rules governing jurisdiction in cross-border competition damages claims will likely change. Most immediately, this will impact those who had acquired pre-Brexit causes of action for breach of statutory duty under section 2(1) of the European Communities Act 1972, based on Articles 101 and Articles 102 TFEU. The doctrine of acquired rights would preserve such causes of action;[1] but it is unlikely to preserve EU rules of jurisdiction in relation to them. Thereafter, the changes will impact those able to establish post-Brexit causes of action based on foreign laws, as Kieron Beal QC has explained. In either case, Claimants may wish to establish English jurisdiction, including as against EU domiciled defendants. This post considers some of the issues likely to be encountered.’

Full story

Blackstone Chambers, 22nd November 2016

Source: www.blackstonechambers.com

Eric King and Daniella Lock: Investigatory Powers Bill: Key Changes Made by the Lords – UK Constitutional Law Association

Posted December 1st, 2016 in bills, investigatory powers, media, news, parliament, privacy, warrants by sally

‘What was formerly known as the Investigatory Powers Bill has received Royal Assent and is now the Investigatory Powers Act. The Bill was first published in draft form in November 2015 (- for a very helpful analysis of the Bill at this stage, please read Dr Tom Hickman’s blog). The passage of the Bill through Parliament, after it was it was introduced in March this year, took just under nine months. Amendments made by the House of Commons were described as ‘largely technical or minor drafting amendments’. Consequently, for all those hoping to see significant changes made to the legislation, a lot hung on the Bill’s amendments during its passage through the Lords.’

Full story

UK Constitutional Law Association, 1st December 2016

Source: www.ukconstitutionallaw.org

Lord Howard convicted of failing to say who was driving his car when it was caught speeding – Daily Telegraph

‘Former Tory leader Michael Howard has been convicted of failing to say who was driving his car when it was caught by a speed camera.’

Full story

Daily Telegraph, 1st December 2016

Source: www.telegraph.co.uk

BSB extends Future Bar Training consultation to include a new proposal from COIC and the Bar Council – Bar Standards Board

Posted December 1st, 2016 in barristers, consultations, inns of court, legal profession, news by sally

‘On 3 October, the Bar Standards Board (BSB) issued a consultation document outlining three possible approaches towards the future of Bar training.’

Full story

Bar Standards Board, 1st December 2016

Source: www.barstandardsboard.org.uk

CQC to investigate as mental health detentions hit 10-year high – The Guardian

Posted December 1st, 2016 in detention, mental health, news by sally

‘The health and social care watchdog is to launch an investigation after government figures revealed the number of detentions for mental health treatment had risen to its highest level in at least a decade.’

Full story

The Guardian, 30th November 2016

Source: www.guardian.co.uk

Babar Ahmad: Officers cleared to seek damages from Met Commissioner – BBC News

Posted December 1st, 2016 in assault, damages, London, news, police by sally

‘Four police officers who were “branded abusive thugs” for the way they arrested terror suspect Babar Ahmad have won the right to seek damages.’

Full story

BBC News, 30th November 2016

Source: www.bbc.co.uk

Nearly half a million children a week gamble, says UK regulator – The Guardian

Posted December 1st, 2016 in advertising, children, gambling, news, reports by sally

‘Nearly half a million children a week gamble and 9,000 are problem gamblers, according to a study by the industry regulator.’

Full story

The Guardian, 30th November 2016

Source: www.guardian.co.uk

Tobacco firms lose plain packaging appeal – BBC News

Posted December 1st, 2016 in advertising, appeals, news, smoking by sally

‘Three tobacco companies have lost their appeal against the government’s plain packaging rules for cigarettes packs.’

Full story

BBC News, 30th November 2016

Source: www.bbc.co.uk

Mother who stamped daughter to death appeals conviction because her lawyer was interrupted by judge – The Independent

Posted December 1st, 2016 in appeals, child cruelty, judges, news, trials by sally

‘A mother who was jailed for life after stamping to death her 21-month-old daughter has launched an appeal against her conviction.’

Full story

The Independent, 1st December 2016

Source: www.independent.co.uk