‘The Court of Appeal was recently asked whether a couple could recover damages pursuant to the implied condition in section 4(2) of the Supply of Goods and Services Act 1982, (“the 1982 Act”), for harm suffered whilst on an all-inclusive holiday.’
4 KBW, 17th November 2017
Source: www.4kbw.net
‘The purpose of this document is to provide for social workers and those working in front-line clinical settings a brief overview of the law and principles relating to the assessment of best interests. Its focus is on: (a) how to apply the MCA 2005 principles when assessing best interests; and (b) how to record your assessment, primarily in the context of health and welfare decisions. It is a companion to our brief guide to carrying out capacity assessments.’
39 Essex Chambers, 17th November 2017
Source: www.39essex.com
‘The Court of Appeal determined that a person discharged from liability to be detained under s 3 Mental Health Act 1983 (MHA 1983) but who still required “after-care services” pursuant to s 117 of the Act was entitled to have his local authority provide such services under s 117 at any time before he had exhausted sums awarded to him in respect of costs of care for the injury he suffered.’
Garden Court Chambers, 10th November 2017
Source: www.gardencourtchambers.co.uk
‘In this latest Environmental Law News Update William Upton, Nicholas Ostrowski, Frances Lawson and Mark Davies consider the failure of Highways England’s plan for a Kent Lorry Park, the recent publication of the Environment Agency’s Enforcement and Sanctions Guidance, revisions to the EU ETS and the Powering Past Coal Alliance, and the new Conservation of Habitats and Species Regulations 2017.’
Six Pump Court, 20th November 2017
Source: www.6pumpcourt.co.uk
‘Cuts to legal aid have had a huge impact on access to justice, as confirmed by various reports over the last few years.’
RightsInfo, 23rd November 2017
Source: rightsinfo.org
‘Paralympian athlete Anne Wafula Strike has won a financial settlement from CrossCountry trains after she was forced to wet herself on a rail journey because the accessible toilet was not working.’
The Guardian, 21st November 2017
Source: www.theguardian.com
‘Parking is a hot topic! There have been an extraordinary number of cases involving parking disputes over the last few decades, almost certainly because the absence of a right to park can substantially reduce the value of both commercial and residential land.’
Tanfield Chambers, 10th November 2017
Source: www.tanfieldchambers.co.uk
‘The Supreme Court has held that legislation designed to limit the rights of Zambrano carers to claim certain types of social assistance, including assistance under Pt 7, Housing Act 1996, was lawful.’
Arden Chambers, 15th November 2017
Source: www.ardenchambers.com
‘The doctrine of adverse possession arises from the Limitation Act 1980. Section 15(1) provides that no action shall be brought by any person to recover any land after the expiration of 12 years from the date on which the right of action accrued. Sections 1-7 provide that at the expiration of the period of 12 years the title of the paper owner is extinguished. The claim of a person to a possessory title was therefore based on the negative effect of the extinguishment of the paper owner’s title, and the basic principle that what is required for a case in trespass is not ownership, but possession or a right to possession.’
Hardwicke Chambers, 9th November 2017
Source: www.hardwicke.co.uk
‘AM brought a claim for a declaration against the Lord Chancellor alleging breaches of Human Rights Act 1998 arising out of a judicial act, namely an order made in April 2016 by Mostyn J under the High Court’s inherent jurisdiction in relation to vulnerable adults.’
Garden Court Chambers, 10th November 2017
Source: www.gardencourtchambers.co.uk
‘Broadband firms will no longer be able to advertise their fast net services based on the speeds just a few customers get, from May next year.’
BBC News, 23rd November 2017
Source: www.bbc.co.uk
‘It is often the case that, when parties negotiate the parties’ rights to terminate a contract on particular terms, one party will often wish to have an opportunity to rectify any potential termination default that they have committed, whereas the other will wish to retain the discretion to determine when a contract will come to an end in the event of a termination event. The issue in the case was essentially about contractual interpretation, and a conflict within a termination clause which meant either the main contractor was entitled to serve a termination notice immediately on its subcontractor, or that there was a requirement that the main contractor provide an opportunity to the subcontractor to remedy the default before serving a termination notice.’
Hardwicke Chambers, 16th November 2017
Source: www.hardwicke.co.uk
‘A coroner has called for the creation of social media “contracts” for parents after it emerged a teacher’s murderer discussed killing her on Facebook.’
BBC News, 22nd November 2017
Source: www.bbc.co.uk
‘A father alleged to have sexually assaulted his 13-month-old daughter shortly before she collapsed and died is to give evidence in person at her inquest in Kendal next week.’
The Guardian, 22nd November 2017
Source: www.theguardian.com
‘Mr Harris, the appellant, was the secure tenant of Hounslow London Borough Council, the respondent. On 17 November 2015, the police obtained a closure order, under the Anti-Social Behaviour Crime and Policing Act 2014 (ASBCPA 2014), in respect of the property where he lived, following complaints of noise nuisance and visitors loitering, smoking, drinking and using drugs in the stairwell.’
Garden Court Chambers, 10th November 2017
Source: www.gardencourtchambers.co.uk
‘Rules around smacking children across the UK are changing as a result of new laws coming into force.’
The Independent, 22nd November 2017
Source: www.independent.co.uk
‘There is no immediate need for the Civil Procedure Rule Committee (CPRC) to introduce a new privacy rule for certain costs issues in environmental cases as it could conflict with its open justice review, it has decided.’
Litigation Futures, 22nd November 2017
Source: www.litigationfutures.com
‘The Psychoactive Substances Act 2016 (“PSA”) came into force on 26th May 2016. This article aims to give an outline of the PSA and an analysis of sentencing practice under the statute.’
Drystone Chambers, 3rd November 2017
Source: drystone.com
‘An attempt by a former councillor to have Thanet District Council disclose legal advice obtained from law firm Trowers & Hamlins in relation to the operator chosen for the Dreamland Amusement Park has failed.’
Local Government Lawyer, 22nd November 2017
Source: www.localgovernmentlawyer.co.uk
‘Love it or loathe it (for most it is the latter), cost budgeting is here for the foreseeable future. It can be a time consuming and tiresome exercise. But unless lawyers roll up their sleeves and get stuck in they risk significantly disadvantaging their clients and opening themselves up to negligence claims. On the other hand, forethought and preparation can reap tactical and financial benefits. What follows is an outline of the budgeting process and some suggested methods of making the most of it.’
Hardwicke Chambers, 20th November 2017
Source: www.hardwicke.co.uk
© Inner Temple Library 2025