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).’

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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.’

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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 brexit, 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?’

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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.’

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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.’

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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 brexit, 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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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The Independent, 1st December 2016

Source: www.independent.co.uk

UK surveillance laws reformed in new Investigatory Powers Act – OUT-LAW.com

‘UK surveillance laws have been updated with the enactment of the new Investigatory Powers Act.’

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OUT-LAW.com, 30th November 2016

Source: www.out-law.com

‘It is time to make’ three-person babies – BBC News

Posted December 1st, 2016 in assisted reproduction, DNA, embryology, news by sally

‘It is time to start making babies from three people, according to scientists advising the UK’s fertility regulator.’

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BBC News, 30th November 2016

Source: www.bbc.co.uk

Our prisons are overflowing with immature and vulnerable men – The Guardian

‘Young men don’t mature psychologically until their mid-20s. Condemning so many to the toxic environment of our jails is a recipe for reoffending and suicide.’

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The Guardian, 1st December 2016

Source: www.guardian.co.uk

Lord Chief Justice: Community service is not tough enough and needs to be a more visible punishment – Daily Telegraph

Posted December 1st, 2016 in community service, judges, news, penalties, prisons, rehabilitation, sentencing by sally

‘Community service is not tough enough and needs to be a more visible punishment, Britain’s most senior judge has suggested as he says offenders view non-jail sentences as “getting off” free.’

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Daily Telegraph, 30th November 2016

Source: www.telegraph.co.uk

Landline phone prices review launched by Ofcom – BBC News

Posted December 1st, 2016 in consumer protection, news, telecommunications by sally

‘Telecoms regulator Ofcom has launched a review of landline rental prices after concerns that people may not be getting value for money.’

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BBC News, 1st December 2016

Source: www.bbc.co.uk

National anti-hate crime campaign to launch after spike in incidents – The Guardian

Posted December 1st, 2016 in harassment, hate crime, news, racism by sally

‘A national anti-hate crime campaign backed by the government is to be launched on Thursday in response to the rise in incidents after the EU referendum.’

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The Guardian, 1st December 2016

Source: www.guardian.co.uk