‘The High Court has declined jurisdiction over an abuse of dominance claim against HEVC Advance (incorporated in Delaware) and Philips (incorporated in the Netherlands).’
Blackstone Chambers, 22nd October 2019
Source: www.blackstonechambers.com
‘On 25 November 2019 the SRA Accounts Rules 2011 will cease to have effect, and will be replaced by new accounts rules. In one quarter-stroke of the draftsman’s pen, 52 rules covering 50 pages of single-spaced typescript on pages of A4 will be replaced by 13 rules on 10 pages. The SRA has trumpeted loudly that the rules have been simplified and that they provide greater flexibility. Have they? Do they?’
4 New Square, 28th October 2019
Source: www.4newsquare.com
‘As part of my series on AFO’s I am going to discuss what accounts can be frozen by Account Freezing Orders (‘AFO’s). Although the requirements under section 303Z5 setting out what a bank is seem straightforward, it can be hard in practice to determine when a bank account is not a bank account. It has, in my experience, caused a number of AFO’s to be discharged; this is where orders have frozen Forex trading accounts, ISA fund accounts, or other accounts which contain money but do not.’
Drystone Chambers, October 2019
Source: drystone.com
‘Today [24 October] the European Court of Human Rights has ruled, in the case of A v the United Kingdom, that the so-called ‘bedroom tax’ unlawfully discriminates against vulnerable victims of domestic violence.’
Doughty Street Chambers, 24th October 2019
Source: www.doughtystreet.co.uk
‘The High Court has determined a £35 million partition era dispute between India, Pakistan and successors in title to 7th Nizam of Hyderabad. Claims of Pakistan dismissed; claims of India, Prince Muffakham Jah and Prince Mukarram Jah upheld.’
Blackstone Chambers, 2nd October 2019
Source: www.blackstonechambers.com
‘It is sometimes said that a judgment is written for the losing party; all that the winning party cares about is that it has won. However, a recent Court of Appeal decision is a salutary reminder that when a judgment is not carefully written, the failure to give adequate reasons for the conclusions may lead to a retrial, and so give the losing party a second bite at the cherry. All litigants, winners and losers, should take note.’
Practical Law Dispute Resolution Blog, 1st October 2019
‘Shail Patel acted for the successful defendants at trial in Bank of Baroda v Maniar [2019] EWHC 2463 Comm, in resisting claims by the bank on personal guarantees. The case raised a number of important points of European cross border insolvency law under the European Insolvency Regulation, and the English Court’s exercise of a foreign law judicial power.’
4 New Square, 28th October 2019
Source: www.4newsquare.com
‘The Administrative Court has revisited the issue of the denial of social care support to persons subject to immigration control, and the line between local authority social care support under the Care Act 2014, and accommodation and support provided by the Home Office. R (Shehab Aburas) v London Borough of Southwark [2019] EWHC 2754 (Admin) concerned an apparently stateless 58 year old Palestinian who came to the United Kingdom from Kuwait, arriving in 1996. Mt Aburas had mental health issues and had been diagnosed with bi-polar disorder and depression. He was a failed asylum-seeker without regular immigration status. Southwark determined that he was in the category ‘no recourse to public funds’ as a ‘person subject to immigration control’ for the purposes of section 21 of the Care Act 2014. He was present in the United Kingdom as a ‘person in breach of immigration control’ for the purposes of Schedule 3 paragraphs 1 and 7(1)(a) to the Nationality Immigration and Asylum Act 2002. He faced barriers to a proposed removal to Kuwait.’
Community Care Blog, 23rd October 2019
Source: communitycare11kbw.com
‘Case of J. D. and A. v United Kingdom 32949/17 34614/17. The Supreme Court (Lady Hale and Lord Carnwath dissenting) found justified discrimination in imposing the bedroom tax on a woman who, as a result of domestic violence, had had her home treated under the Sanctuary Scheme to include the modification of the attic to render it a “panic room”. (Our report here). The Supreme Court found that this was for a case by case evaluation, not something that required a blanket exemption for a class of people, and there were Discretionary Housing Payments possible. The European Court of Human Rights, in a 5/2 split decision, has now found that it was not justified discrimination.’
Nearly Legal, 27th October 2019
Source: nearlylegal.co.uk
‘Emambee v London Borough of Islington (2019) EWHC 2835 (QB). We saw what seemed like a rather harsh refusal on permission to bring a s.204 Housing Act 1996 homelessness appeal out of time in London Borough of Hamlets v Al Ahmed (2019) EWHC 749 (QB) (our note). Here is another one which seems to take a strict view, both on when the s.202 review decision was received, and on delay to obtain legal representation.’
Nearly Legal , 27th october 2019
Source: nearlylegal.co.uk
‘Contributors of ideas for TV programmes, films or other creative works can be considered joint authors of those works even if they do not write the scripts, the Court of Appeal in London has confirmed.’
OUT-LAW.com, 29th October 2019
Source: www.pinsentmasons.com
Court of Appeal (Civil Division)
Begum v Ahmed [2019] EWCA Civ 1794 (28 October 2019)
RS (Sri Lanka) v Secretary of State for the Home Department [2019] EWCA Civ 1796 (28 October 2019)
Court of Appeal (Criminal Division)
Binfield, R. v [2019] EWCA Crim 1812 (25 October 2019)
High Court (Chancery Division)
CD, Re presumed death of AB [2019] EWHC 2785 (Ch) (29 October 2019)
SL Claimants v Tesco Plc [2019] EWHC 2858 (Ch) (28 October 2019)
High Court (Commercial Court)
Priyanka Shipping Ltd v Glory Bulk Carriers PTE Limited [2019] EWHC 2804 (Comm) (28 October 2019)
High Court (Family Division)
FRB v DCA [2019] EWHC 2816 (Fam) (28 October 2019)
Source: www.bailii.org
‘A law firm which guaranteed clients there would be “no hidden, nasty surprises” could claim over £30,000 in fees from the estate of a deceased asbestosis claimant, the High Court has ruled.’
Litigation Futures, 29th October 2019
Source: www.litigationfutures.com
‘A mentally ill man has been jailed for 10 days for contempt in the face of the court after yelling racist abuse at a judge at Bristol Magistrates’ Court.’
Legal Futures, 29th October 2019
Source: www.legalfutures.co.uk
‘The review announced by the Government will look to identify ways of bolstering the response to threats such as county lines, people trafficking and drugs.’
Home Office, 29th October 2019
Source: www.gov.uk
‘Courts are handing down tougher sentences in almost three out of four hate crime cases – the highest proportion ever, according to new figures published today.’
Crown Prosecution Service, 25th October 2019
Source: www.cps.gov.uk
‘Joint article by The Hon Mr Justice Mostyn: Probability reasoning in judicial fact-finding.’
Courts and Tribunals Judiciary, 29th October 2019
Source: www.judiciary.uk
‘The Family Court has overturned a district judge’s care ruling after finding she “crossed the line” during the hearing, creating a hostile atmosphere and alienating everyone appearing before her.’
Law Society's Gazette, 25th October 2019
Source: www.lawgazette.co.uk
© Inner Temple Library 2024