Legal Advice Privilege and Dismissal – Littleton Chambers
‘Two recent cases have cast light on the issue of legal professional privilege in employment disputes.’
Littleton Chambers, 12th November 2019
Source: www.littletonchambers.com
Month: November 2019
Late Service of Evidence during Stage 3 of the MOJ Protocol – Park Square Barristers
‘The Claimant, Mr Blair, suffered an accident at work resulting in personal injury. He submitted an EL1 Claims Notification Form, following Stage 1 of the MOJ Protocol for Low Value Employers’ Liability Claims. Liability was admitted. The parties thereafter unsuccessfully attempted to agree damages as part of Stage 2 of the Protocol and the case moved to Stage 3.’
Park Square Barristers, 19th November 2019
Source: www.parksquarebarristers.co.uk
Ripping the heart out of the Nomad Nation – Garden Court Chambers
‘On 5 November 2019 the Home Office announced a consultation Strengthening police powers to tackle unauthorised encampments. This consultation follows an earlier consultation issued by the Ministry of Housing, Communities and Local Government (MHCLG) in April 2018 on the effectiveness of enforcement against unauthorised developments and encampments (see the MHCLG report in February 2019 following the consultation).’
Garden Court Chambers, 18th November 2019
Source: www.gardencourtchambers.co.uk
Claiming an interest in someone else’s property (Sandford v Oliver) – Radcliffe Chambers
‘Family home constructive trusts have been discussed ad nauseam. Nevertheless, there are still points to learn from new judgments. Sandford is no exception—four practical points can be gleaned from just six pages of judgment.’
Radcliffe Chambers, 14th November 2019
Source: radcliffechambers.com
Employers are Liable for the Actions of Manipulators in Automatically Unfair Dismissals – Old Square Chambers
‘The EAT, presided over by the President, has in its judgment in Cadent Gas v Singh, set out four important matters in relation to dismissals for impermissible reasons including whistleblowing.’
Old Square Chambers, 14th November 2019
Source: www.oldsquare.co.uk
Digital assets “are property” under English law – Legal Futures
‘Blockchain and smart contracts were given a major boost towards becoming a standard method for securely storing and transferring cryptoassets yesterday, when the expert panel charged with giving the technology legal certainty decided they should be treated in principal as property.’
Legal Futures, 19th November 2019
Source: www.legalfutures.co.uk
Costs and Co-operation: What Tenants Must do to Assist with Fire Safety -Radcliffe Chambers
‘Despite being such an important and topical issue, the key piece of fire safety legislation has received very little judicial or academic analysis. This article argues that, properly understood, the Regulatory Reform (Fire Safety) Order 2005 requires tenants to assist landlords in two ways. First, art.17 requires tenants to allow their landlord access to the demised premises to undertake fire safety repairs and improvements. Secondly, the key duties in the Order provide landlords with a strong defence to any challenge to the reasonableness of fire safety-related service charges.’
Radcliffe Chambers, 14th November 2019
Source: radcliffechambers.com
Freed prisoners killing themselves at a rate of one every two days – The Guardian
‘The number of people who took their own life while on supervision after leaving prison has increased sixfold since 2010 to a rate of one every two days, fresh analysis seen by the Guardian shows.’
The Guardian, 18th November 2019
Source: www.theguardian.com
Can You Keep A Half Secret? (Wood v Commercial First) – New Square Chambers
‘The dispute centred around a mortgage broker receiving both a fee from the borrower and a commission from the lender. Mrs Wood obtained two mortgages and a further advance secured over her two farms from Commercial First Business Limited (“CF”), a provider of unregulated secured loans to commercial borrowers. CF only accepted applications via brokers. UK Mortgage and Financial Services Limited (“UKMFS”) acted as broker for Mrs Wood on all three transactions, receiving commissions of £30,600, £57,092.80 and £5,234.22 respectively. CF entered into securitisation agreements assigning the loans to various assignees prior to entering CVL.’
New Square Chambers, 5th November 2019
Source: www.newsquarechambers.co.uk
Chip shop death: Geoffrey Bran cleared of murdering wife with oil – BBC News
‘A chip shop owner accused of killing his wife by throwing boiling oil over her has been cleared of her murder.’
BBC News, 19th November 2019
Source: www.bbc.co.uk
Solicitors urged to shorten their own witness statements – Litigation Futures
‘A High Court master has urged solicitors providing witness statements to cut back on the unnecessary detail, stressing that they are not the same as those given by lay witnesses.’
Litigation Futures, 19th November 2019
Source: www.litigationfutures.com
Woman nearly killed by ex-partner hits out at ‘ridiculous’ change to ‘lenient’ prison sentences for abusers – The Independent
‘A woman who almost died when her former partner attacked her with a meat cleaver has condemned the government’s new scheme which allows victims of domestic abuse to challenge sentences given to their perpetrators.’
The Independent, 19th November 2019
Source: www.independent.co.uk
Ep 98: AI: Opportunity or Threat? – Law Pod UK
‘There should be a distinction between AI and algorithms being tools for lawyers as opposed to lawyers and laws being the tools for the use of AI. The huge emancipatory opportunities offered by technology could be lost if we don’t get on top of it and allow it to overtake us, as we subject ourselves to all its processes. Rosalind English talks to Emily Foges, CEO of Luminance, an Artificial Intelligence programme for the legal profession, about the practical applications of algorithms to the law. How can we avail ourselves of the codes before the codes manage us?’
Law Pod UK, 18th November 2019
Source: audioboom.com
Gliding club win legal challenge over prior approval for barn conversion – Local Government Lawyer
‘A long-established gliding club has won a Planning Court challenge over Harborough District Council’s decision to grant prior approval for a barn conversion on a site next to its airfield.’
Local Government Lawyer, 18th November 2019
Source: www.localgovernmentlawyer.co.uk
AI – a tool for the law, or its digital master? – UK Human Rights Blog
‘In the latest Henry Brooke Lecture (12th November, hosted by BAILII and Freshfields Bruckhaus Deringer), Supreme Court Justice Lord Sales warned that the growing role of algorithms and artificial intelligence in decision making poses significant legal problems.’
UK Human Rights Blog, 18th November 2019
Source: ukhumanrightsblog.com
“Mixed messages” from consumers on online conveyancing – Legal Futures
‘Only 19% of home buyers use online conveyancers, despite the dominance of online searches as a way of finding property, a report has found.’
Legal Futures, 19th November 2019
Source: www.legalfutures.co.uk
Patents – Technetix BV v Teleste Ltd – NIPC Law
‘This was a claim for patent infringement and a counterclaim for revocation on grounds of anticipation, obviousness and added matter. There was also an application for unconditional and conditional amendments to the patent. The claim and counterclaim came on before His Honour Judge Hacon sitting as a judge of the Patents Court in Technetix BV and another v Teleste Ltd [2019] EWHC 3106 (Pat) (18 Nov 2019). His Honour tried the action in May and delivered judgment on 18 Nov 2019. The learned judge held at paragraph [122] of his judgment that the patent was invalid on all three grounds .and refused the amendments though he found that the patent would have been infringed hand it been valid.’
NIPC Law, 19th November 2019
Source: nipclaw.blogspot.com
Man mutilates horse by stabbing it 20 times but is only charged with ‘criminal damage’ – The Independent
‘A teenager who mutilated a prize-winning horse by stabbing it 20 times has only been jailed for two months because the attack was classed as “criminal damage”.’
The Independent, 19th November 2019
Source: www.independent.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
W (A Child), Re [2019] EWCA Civ 1966 (18 November 2019)
C (A Child) (Interim Separation), Re [2019] EWCA Civ 1998 (18 November 2019)
High Court (Chancery Division)
Maggistro-Contenta & Anor v O’Shea & Anor [2019] EWHC 3035 (Ch) (18 November 2019)
High Court (Commercial Court)
Etihad Airways PJSC v Flother [2019] EWHC 3107 (Comm) (18 November 2019)
High Court (Patents Court)
Technetix BV & Anor v Teleste Ltd [2019] EWHC 3106 (Pat) (18 November 2019)
Source: www.bailii.org
