Families threaten county with legal action over cuts to services for disabled children – Local Government Lawyer

Posted December 10th, 2018 in budgets, children, disabled persons, education, local government, news by sally

‘Lawyers acting for families with disabled children have threatened Somerset County Council with a legal challenge over proposed cuts to services that would save £2m over the next two years.’

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Local Government Lawyer, 10th December 2018

Source: www.localgovernmentlawyer.co.uk

President issues guidance on anonymisation in Family Court judgments – Local Government Lawyer

Posted December 10th, 2018 in anonymity, family courts, news by sally

‘The President of the Family Division has issued guidance on two aspects of anonymisation and the avoidance of identification of children in judgments placed in the public arena.’

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Local Government Lawyer, 7th December 2018

Source: www.localgovernmentlawyer.co.uk

Auction house loses ‘dual purpose’ art litigation privilege case – OUT-LAW.com

Posted December 10th, 2018 in artistic works, auctioneers, counterfeiting, news, privilege by sally

‘An auction house has failed to establish litigation privilege over correspondence with experts about whether or not a painting it sold was counterfeit, in a case brought by the seller of that painting.’

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OUT-LAW.com, 10th December 2018

Source: www.out-law.com

Gavin Phillipson and Alison L. Young: Wightman: What Would Be the UK’s Constitutional Requirements to Revoke Article 50? – UK Constitutional Law Association

Posted December 10th, 2018 in brexit, constitutional law, EC law, news, notification, referendums, Scotland, treaties by sally

‘Today the Court of Justice of the European Union delivered its judgment in Wightman. This followed the opinion of Advocate General Campos Sánchez-Bordona, concluding that the UK may unilaterally revoke its notification of its intention to leave the EU. In a similar manner to the AG, the CJEU placed conditions on this unilateral revocation. A formal process would be needed to notify the European Council of the UK’s intention to revoke article 50. Such notice of revocation would have to be unequivocal and unconditional (para 74), and, importantly, ‘in accordance with the constitutional requirements of the Member State’, in this case, the UK, and following a ‘democratic process’ (para 66). It would also have to take place before the end of the Article 50 negotiation period, or any agreed extension, and before a Withdrawal Agreement between the exiting state and the EU had been ‘concluded’ – i.e. entered into force (para 73). In addition, the AG’s opinion was that any revocation would have to be in ‘good faith’ and in line with the requirement of ‘sincere cooperation’ between the Member State and the EU and. Further, although not required, it would be reasonable for the Member State to provide its reasons for revoking the Article 50 notification.’

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UK Constitutional Law Association, December 2018

Source: ukconstitutionallaw.org

Expand ‘commonhold’ ownership system, government urged – The Guardian

Posted December 10th, 2018 in Law Commission, leases, news by sally

‘The rarely used “commonhold” system of home ownership should be expanded as an alternative to landlord-controlled leaseholds which are increasingly resented, the Law Commission is recommending.’

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The Guardian, 10th December 2018

Source: www.theguardian.com

Amenability to judicial review – Law Society’s Gazette

Posted December 10th, 2018 in banking, financial regulation, judicial review, news by sally

‘When is a private appointment a matter of public law? In an important case on this issue, R (on the application of Holmcroft Properties Ltd) v KPMG LLP [2018] EWCA Civ 2093, the Court of Appeal recently upheld the Divisional Court’s decision that KPMG was not amenable to judicial review when acting as an independent reviewer, whose appointment by a bank was approved by the Financial Services Authority.’

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Law Society's Gazette, 10th December 2018

Source: www.lawgazette.co.uk

The Supreme Court’s Decision on Pregabalin – NIPC Law

Posted December 10th, 2018 in abuse of process, medicines, news, patents, Supreme Court by sally

‘This was an appeal from the decision of the Court of Appeal in Warner-Lambert Company LLC v Generics (UK) Ltd (t/a Mylan) and Others [2016] EWCA Civ 1006 which I discussed in The Pregabalin Appeal: Generics v Warner-Lambert 17 Oct 2016. In that appeal, the Court of Appeal upheld the decision of Mr Justice Arnold in Generics (UK) Ltd (t/a Mylan) v Warner-Lambert Company LLC [2016] RPC 3, [2015] EWHC 2548 (Pat), [2015] CN 1499 which I blogged in The Pregabalin Trial: Generics (UK) Ltd v Warner-Lambert Company LLC 18 Sept 2015 and his refusal to allow the patent to be amended in Generics (UK) Ltd (t/a Mylan) v Warner-Lambert Company LLC [2016] RPC 16, [2015] EWHC 3370 (Pat).’

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NIPC Law, 6th December 2018

Source: nipclaw.blogspot.com

Supreme Court confirms carrier liability for cargo damage – OUT-LAW.com

Posted December 10th, 2018 in burden of proof, negligence, news, shipping law, Supreme Court by sally

‘The legal burden of disproving a claim for negligence when cargo is lost or damaged at sea rests with the carrier of the goods, the UK’s highest court has ruled.’

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OUT-LAW.com, 10th December 2018

Source: www.out-law.com

Mother and ex-partner jailed for ‘brutal’ murder of three-week old baby treated as a ‘fashion accessory’ – Daily Telegraph

‘A mother who treated her baby as a “fashion accessory” has been jailed with her ex-partner for 10 years each for being responsible for the “brutal” death of her three-week-old son.’

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Daily Telegraph, 7th December 2018

Source: www.telegraph.co.uk

Historic castle excluded from protection measures at risk from repeated flooding – Daily Telegraph

Posted December 10th, 2018 in duty of care, listed buildings, news, Wales by sally

‘Occupying a prime spot in the beautiful Conwy Valley the ancient castle of Gwydir boasts a reputation as one of the finest Tudor houses in Wales.’

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Daily Telegraph, 9th December 2018

Source: www.telegraph.co.uk

New ABS combines legal and accountancy advice – Legal Futures

Posted December 10th, 2018 in accountants, alternative business structures, legal services, news by sally

‘A litigation-focused legal and accountancy alternative business structure (ABS), which opened for business earlier this month, is set to benefit from an “explosion” in contested probate cases.’

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Legal Futures, 10th December 2018

Source: www.legalfutures.co.uk

No privilege for “purely commercial discussions” on settlement – Litigation Futures

Posted December 10th, 2018 in electronic mail, news, privilege by sally

‘“Purely commercial discussions” within a business about settling a dispute before litigation has begun are not protected by litigation privilege, the Court of Appeal has ruled.’

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Litigation Futures, 10th December 2018

Source: www.litigationfutures.com

BAILII: Recent Decisions

Posted December 10th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

BA, R (On the Application Of) v The Secretary of State for Health and Social Care [2018] EWCA Civ 2696 (07 December 2018)

High Court (Administrative Court)

East Bergholt Parish Council v Babergh District Council [2018] EWHC 3400 (Admin) (07 December 2018)

Trail Riders Fellowship v Hampshire County Court [2018] EWHC 3390 (Admin) (07 December 2018)

Howell, R (On the Application Of) v Stamford Renewable Power Ltd & Ors [2018] EWHC 3388 (Admin) (07 December 2018)

High Court (Chancery Division)

MDNX Group Holdings Ltd & Ors, Re [2018] EWHC 3396 (Ch) (07 December 2018)

High Court (Commercial Court)

Cunico Resources NV & Ors v Daskalakis & Anor [2018] EWHC 3382 (Comm) (07 December 2018)

High Court (Queen’s Bench Division)

Rudall v The Crown Prosecution Service & Anor [2018] EWHC 3287 (QB) (30 November 2018)

Source: www.bailii.org

Council prosecution sees property owner fined £18k over Japanese knotweed – Local Government Lawyer

Posted December 10th, 2018 in fines, local government, news, nuisance, prosecutions, trees by sally

‘A Bristol property owner has been fined £18,000 for allowing the spread of Japanese knotweed, after what is thought to be one of the first prosecutions nationally using the Anti-Social Behaviour, Crime and Policing Act 2014 to tackle the issue.’

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Local Government Lawyer, 7th December 2018

Source: www.localgovernmentlawyer.co.uk

Triple child murders: The lodger who destroyed a family – BBC News

Posted December 10th, 2018 in children, murder, news, parole, sentencing by sally

‘In 1973, a 20-year-old man murdered and mutilated his friends’ three young children. No motive has ever been established and he has never expressed regret. Now, 45 years after being jailed, David McGreavy is due to walk the streets again.’

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BBC News, 8th December 2018

Source: www.bbc.co.uk

Brexit: UK can unilaterally revoke article 50, says ECJ – The Guardian

‘The UK can unilaterally stop the Brexit process, the European court of justice has said in a ruling that will boost demands for a second EU referendum.’

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The Guardian, 10th December 2018

Source: www.theguardian.com

Exposing rogue landlords: ‘The deck feels stacked against tenants’ – The Guardian

‘Simon Goodley explains how the Guardian uncovered the secret world of convicted landlords who continue to operate – and exploit – with impunity.’

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The Guardian, 8th December 2018

Source: www.theguardian.com