Disability related error of judgment amounts to discrimination arising from disability – No. 5 Chambers

‘Following a line of decisions in the Employment Appeal Tribunal, the Court of Appeal in City of York v P J Grosset [2018] EWCA Civ 1105 so held.’

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No. 5 Chambers, 11th July 2018

Source: www.no5.com

Valued Landscapes – A Legal Perspective – No. 5 Chambers

Posted August 6th, 2018 in environmental protection, news, parks, planning by sally

‘“Valued landscapes” have become a frequent and significant feature in planning decision making since the advent of the National Planning Policy Framework (the “NPPF”).’

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No. 5 Chambers, 4th July 2018

Source: www.no5.com

Inquest touching the death of James Sheffield – Caroline Wood discusses Inquest – Park Square Barristers

Posted August 6th, 2018 in hospitals, inquests, news by sally

‘The inquest touching on the death of James Sheffield was heard in Bolton Coroner’s Court over two days on 30th and 31st January 2018 by a Judge alone.’

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Park Square Barristers, 6th July 2018

Source: www.parksquarebarristers.co.uk

A Marriage Between The Human Rights Act and Medical Negligence?….The Engagement is Definitely Off! – Park Square Barristers

Posted August 6th, 2018 in hospitals, human rights, inquests, medical treatment, negligence, news by sally

‘Lorraine Harris reviews the case of Parkinson which now clarifies the extremely limited use of Article 2 in cases of death following medical treatment, as well as the difficulty of challenging the decision making of a Coroner. Analysis at the close of the article reveals the salient points of the case.’

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Park Square Barristers, 10th July 2018

Source: www.parksquarebarristers.co.uk

Judgment of the Court of Appeal in Lehtimäki v The Children’s Investment Fund Foundation (UK) and others [2018] EWCA Civ 1605 – Radcliffe Chambers

Posted August 6th, 2018 in charities, company law, fiduciary duty, news by sally

‘Mark Mullen appeared for HM Attorney General before the Court of Appeal in Lehtimäki v The Children’s Investment Fund Foundation (UK) and others [2018] EWCA Civ 1605.

In the claim, the claimant (‘CIFF’), a company limited by guarantee and a registered charity, sought approval of the making of a grant of $360 million to a new charity established by one of its directors.’

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Radcliffe Chambers, 6th July 2018

Source: www.radcliffechambers.com

Caroline Wood discusses costs, Qowcs and multiple defendants – Park Square Barristers

Posted August 6th, 2018 in civil procedure rules, costs, enforcement, news, personal injuries by sally

‘This was a noise induced hearing loss claim where the claimant had issued against 6 Defendants. On 12 December 2016, the claimant compromised its claim against D4 – D6. That compromise was in the form of a Tomlin order. It ordered that all further proceedings in respect of the claims against D4- D6 were stayed, except for the purposes of carrying out the agreed terms of settlement, which were set out in a separate schedule.’

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Park Square Barristers, 24th July 2018

Source: www.parksquarebarristers.co.uk

Court of Appeal hands down judgment in British Airways pension scheme litigation – Radcliffe Chambers

Posted August 6th, 2018 in airlines, news, pensions, trusts by sally

‘The appeal concerned whether the Scheme had been effectively amended to include a trustee power to award discretionary pension increases and whether the subsequent exercise of that power was valid.’

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Radcliffe Chambers, 5th July 2018

Source: www.radcliffechambers.com

Environmental Law News Update – Six Pump Court

Posted August 6th, 2018 in brexit, EC law, environmental protection, fire, health & safety, news, sentencing by sally

‘In this latest Environmental Law News Update, Laura Phillips, Mark Davies and Angelica Rokad consider a parliamentary report on the Government’s 25 year plan for the environment, the Brexit White Paper and a recent Court of Appeal case clarifying sentencing in fire safety cases.’

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Six Pump Court, 30th July 2018

Source: www.6pumpcourt.co.uk

Bennett v Bennett & Others [2018] EWHC 1931 (Ch) – Tanfield Chambers

Posted August 6th, 2018 in contracts, estoppel, news, sale of land, trusts by sally

‘Tanfield barristers Marc Glover and Chloe Sheridan successfully represented the Claimants in a High Court dispute over East Thurrock United Football Club. In a judgment handed down on 25th July 2018, the Court dismissed the defendant’s and additional parties’ claims to a share in the land used by the Football Club, claimed to be worth £10 million.’

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Tanfield Chambers, 6th August 2018

Source: www.tanfieldchambers.co.uk

Supreme Court decision in Steinfeld and Keidan v Secretary of State for International Development: The Civil Partnership Act is incompatible with Articles 14 and 8 of the ECHR – Zenith Chambers

‘The Supreme Court issued a unanimous landmark judgement declaring that the provisions in the Civil Partnership Act 2004 preventing opposite sex couples from entering into a civil partnership is incompatible with the European Convention on Human Rights.’

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Zenith Chambers, 29th June 2018

Source: www.zenithchambers.co.uk

Equality Act and Evictions – Nearly Legal

Posted August 6th, 2018 in disability discrimination, equality, news, repossession, warrants by sally

‘An appeal on the issue of whether disability discrimination should be considered afresh on an application for stay of warrant following breach of a suspended possession order.’

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Nearly Legal, 5th August 2018

Source: nearlylegal.co.uk

Identifiability and the Unmotivated Intruder – Panopticon

Posted August 6th, 2018 in disclosure, freedom of information, identification, news, statistics by sally

‘It is not uncommon for public authorities who hold statistical data to decline to disclose specific figures in categories for which the number is fewer than five, on the basis of a fear that the number of affected people is sufficiently small that they are reasonably identifiable. In other words, they rely on section 40(2) FOIA to withhold the number.That approach has now been considered by the Upper Tribunal in Information Commissioner v Miller [2018] UKUT 229 (AAC). That case concerned a request to (what is now) MHCLG for their information supplied by local authorities on a range of homelessness statistics. In relation to parts of the dataset which related to five or fewer individuals, section 40(2) was relied on. The FTT disagreed in a decision on the papers and the ICO appealed.’

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Panopticon, 3rd August 2018

Source: panopticonblog.com

Solicitors shouldn’t go cap in hand to judges for QC status – Law Society – Law Society’s Gazette

Posted August 6th, 2018 in news, queen's counsel, solicitors by sally

‘Applicants for QC status should not have to approach a judge for a favourable reference, the Law Society has said, suggesting that providing a list of substantial cases they had acted in would help remove the ’apparent bias’ against solicitor advocates. It was responding to a consultation by QC Appointments (QCA) on improving the appointments process to the historic rank.’

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Law Society's Gazette, 6th August 2018

Source: www.lawgazette.co.uk

Business to Business Collaboration Agreements – NIPC Law

Posted August 6th, 2018 in agreements, intellectual property, news by sally

‘According to the Intellectual Property Office’s Facts and Figures for 2016 and 2017, 24 out of the 38 inter partes disputes that came before the Office’s tribunals arose from disputes over ownership of inventions. This can be an expensive and time consuming process as I explained in Disputes over Ownership of Inventions 6 Aug 2015 NIPC Southeast. Disputes over ownership of other intellectual property (“IP”) rights result in infringement actions like MEI Fields Designs Ltd v Saffron Cards and Gifts Ltd and another [2018] EWHC 1332 (IPEC) (6 June 2018).’

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NIPC Law, 4th August 2018

Source: nipclaw.blogspot.com

Void, Valid and Very Confusing – what is the status of Sharia Marriages in the UK? – Transparency Project

Posted August 6th, 2018 in islamic law, marriage, news by sally

‘The High Court here in London has recently considered the status of an islamic marriage, that did not comply with all the usual formalities required in England & Wales. It has generated a lot of confused and confusing headlines – the marriage has been reported as both valid and void, as ‘covered by’ English law (but not necessarily all islamic marriages) and as the first example of our courts recognising sharia law.’

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Transparency Project, 3rd August 2018

Source: www.transparencyproject.org.uk

Costs blow for tardy defendant with ‘worse than hopeless’ case – Law Society’s Gazette

Posted August 6th, 2018 in costs, delay, hospitals, indemnities, negligence, news, part 36 offers, time limits by sally

‘Civil claimants despairing at Part 36 costs rules have a ray of hope following a court’s decision to swing the pendulum their way again. In Holmes v West London Mental Health NHS Trust the High Court ruled last week that a defendant party who waited 15 months to accept a Part 36 offer must pay indemnity costs covering the period of delay.’

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Law Society's Gazette, 3rd August 2018

Source: www.lawgazette.co.uk

Kenyan “Mau Mau” claim dismissed: Fair trial not possible because of half century delay – UK Human Rights Blog

Posted August 6th, 2018 in colonies, compensation, Kenya, news, torture by sally

‘Stewart J has dismissed the first test case in this group litigation, in which over 40,000 Kenyans bring claims for damages against the UK Foreign & Commonwealth Office, alleging abuse during the Kenyan Emergency of the 1950s and early 1960s.’

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UK Human Rights Blog, 6th August 2018

Source: ukhumanrightsblog.com

DPA Claims Against the Press: The Stunt Continues – Panopticon

Posted August 6th, 2018 in data protection, media, news by sally

‘Stunt v Associated Newspapers Ltd [2018] EWCA Civ 1780 is a dispute between the Daily Mail, Mail on Sunday and Mail Online, and the eye-wateringly rich former son-in-law of Berne Ecclestone about coverage of the latter by the former. Simply googling the claimant’s name and seeing the Mail Online headines gives some idea of why he might find that coverage less than flattering. It is, in short, a dispute where most people would like both sides to lose.Happily, thanks to the Court of the Appeal, they have. Both sides now have to fund a reference to the CJEU about the compatibility of section 32(4) of the Data Protection Act 1998 (still alive and kicking for these purposes) with Directive 95/46/EC, and the considerable delay built into that process. The reference was made because the Court split two to one (Sir Terence Etherton MR and Macfarlane LJ against Sharp LJ) on whether the stay mechanism imposed by section 32(4) was consistent with Article 9 of the Directive (freedom of expression rights) and Article 22 (effective remedy rights). At first instance, Popplewell J had found the provision to be a permissible implementation of the Directive.’

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Panopticon, 6th August 2018

Source: panopticonblog.com

Legal Aid Fee Cuts To Evidence Work Have Been Declared Unlawful – Rights Info

Posted August 6th, 2018 in budgets, evidence, law firms, legal aid, news, solicitors by sally

‘Government attempts to cut legal aid fees for solicitor evidence work have declared unlawful by the high court.’

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Rights Info, 3rd August 2018

Source: rightsinfo.org

Akhter: legal consequences of an unregistered nikah ceremony – Law and Religion UK

Posted August 6th, 2018 in divorce, islamic law, marriage, news by sally

‘In Akhter v Khan [2018] EWFC 54, the couple had had a nikah ceremony in 1998 but had not registered the marriage under civil law. They had four children together. The petitioner, Nasreen Akhter, sought a divorce from Mohammed Shabaz Khan in November 2016. The husband (so called for convenience) defended the divorce on the basis that the parties had not entered a marriage valid according to English law; the wife (ditto) argued that the presumption of marriage arising out of cohabitation and reputation applied so as to validate the marriage. In the alternative, she averred that the marriage was a void marriage within section 11(a)(iii) of the Matrimonial Causes Act 1973. There were two central questions: whether the parties were to be treated as a validly married under English law by operation of a presumption of marriage and, if not, was the marriage a void marriage susceptible to a decree of nullity.’

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Law and Religion UK, 3rd August 2018

Source: www.lawandreligionuk.com