The Court of Appeal considers the consequences of failure to serve a registration order under the Lugano Convention: Islandsbanki Hf & Ors v Stanford [2020] EWCA Civ 480 – Hardwicke Chambers

Posted June 26th, 2020 in appeals, bankruptcy, chambers articles, civil procedure rules, debts, news by sally

‘Oliver Hyams and Amy Held investigate the recent case of Islandsbanki Hf & Ors v Stanford [2020] EWCA Civ 480.’

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Hardwicke Chambers, 23rd June 2020

Source: hardwicke.co.uk

Women launch group action over mesh implants – Litigation Futures

‘Another group action has gone live this week, with more than 250 women left permanently injured by mesh implant surgery suing a group of pharmaceutical giants.’

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Litigation Futures, 26th June 2020

Source: www.litigationfutures.com

Over £46m paid to survivors of abuse at Lambeth children’s homes – The Guardian

‘A survivors’ group has secured a total of more than £46m compensation for 1,340 people who suffered “horrific” abuse in children’s care homes that were infiltrated by paedophiles over several decades.’

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The Guardian, 25th June 2020

Source: www.theguardian.com

Good Faith – a springboard to “Responsible Contractual Behaviour”? – Tanfield Chambers

Posted June 25th, 2020 in contracts, enforcement, news by sally

‘On 7 May 2020, the Cabinet Office issued guidance urging “responsible and fair performance and enforcement of contracts” during the Coronavirus pandemic. This guidance, which does not have legislative force, has caused some head-scratching amongst lawyers. Judges have traditionally been reluctant to muddy the waters of contract law (often murky enough as it is) with vague and subjective notions such as responsibility and fairness. The usual approach is – in simple terms – to hold the parties to the words they have used, imply only such other words as are necessary to make the contract work, and let the rest take care of itself. So what does the Cabinet Office guidance mean, and how, if at all, can the concept of “Responsible Contractual Behaviour” (“RCB”) be shoehorned into the existing law?’

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Tanfield Chambers, 24th June 2020

Source: www.tanfieldchambers.co.uk

Univar UK Ltd v Smith [2020] EWHC 1596 (Ch): rectification of pension schemes after FSHC – Wilberforce Chambers

Posted June 25th, 2020 in indexation, news, pensions, rectification, trusts by sally

‘On 19 June 2020, Mr Justice Trower handed down judgment granting rectification of the Univar Company Pension Scheme (1978), in the first pension rectification claim decided after a full trial since the landmark decision of the Court of Appeal in FSHC Group Holdings Ltd v GLAS Trust Corp Ltd [2019] EWCA Civ 1361.’

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Wilberforce Chambers, 22nd June 2020

Source: www.wilberforce.co.uk

New Judgment: Regeneron Pharmaceuticals Inc v Kymab Ltd [2020] UKSC 27 – UKSC Blog

Posted June 25th, 2020 in inventions, medicines, news, patents, Supreme Court by sally

‘Regeneron Pharmaceuticals Inc filed patents for a new type of genetically modified mouse which was a hybrid version of the gene that produces antibodies, combining a section of the mouse’s genetic material with a section of the genetic material from a human. In 2013, Regeneron sued Kymab Ltd for infringements of its patents. Kymab was producing its own genetically modified mice, with a similar genetic structure to Regeneron’s mice. Kymab argued that the patents filed were invalid because they fell foul of a patent law rule called sufficiency which means that documents filed with the patent must be detailed enough to enable scientifically skilled readers to make the invention for themselves. The Court of Appeal upheld the patents and Kymab appealed to the Supreme Court.’

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UKSC Blog, 24th June 2020

Source: ukscblog.com

County council in legal action against Health Secretary over ‘ordinary residence’ determination – Local Government Lawyer

‘Worcestershire County Council has started legal action against the Secretary of State for Health and Social Care, Matt Hancock, in a dispute over which council should care for someone under the Mental Health Act 1983.’

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Local Government Lawyer, 25th June 2020

Source: www.localgovernmentlawyer.co.uk

Bra advert banned for claiming to ‘reduce risk of breast cancer’ – Daily Telegraph

Posted June 25th, 2020 in advertising, cancer, consumer protection, internet, news by sally

‘An advert for a bra has been banned for claiming it reduces the risk of breast cancer.’

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Daily Telegraph, 24th June 2020

Source: www.telegraph.co.uk

New Judgment: The Advocate General representing the Commissioners of HMRC v KE Entertainments Ltd (Scotland) [2020] UKSC 28 – UKSC Blog

Posted June 25th, 2020 in fees, gambling, news, Scotland, Supreme Court, time limits, VAT by sally

‘The Appellant (“the taxpayer”) operates bingo clubs. Customers pay a fee, which entitles them to play in a number of bingo games (collectively, a “session”). The present dispute arises from a change in guidance given by HMRC about how participation fees should be calculated. Until 2007, the guidance stated that bingo promoters should calculate the participation fees separately for each game. In February 2007, HMRC issued Business Brief 07/07, which stated that participation fees should be calculated on a session by session basis.’

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UKSC Blog, 24th June 2020

Source: ukscblog.com

Call for Inns to act as pupillage shortage worsens – Legal Futures

Posted June 25th, 2020 in barristers, inns of court, news, pupillage by sally

‘The Inns of Court should build a “large co-working space”, possibly on one of their “grand gardens”, to increase the number of pupillages, the president of the Middle Temple Students Association has said.’

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Legal Futures, 25th June 2020

Source: www.legalfutures.co.uk

Royal Mail postman caught urinating in public was unfairly dismissed, a tribunal has ruled – Daily Telegraph

Posted June 25th, 2020 in complaints, employment tribunals, news, postal service, unfair dismissal by sally

‘Royal Mail postmen should not be sacked if they are caught urinating during rounds, a tribunal has suggested, after one worker was dismissed for relieving himself in a lay-by.’

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Daily Telegraph, 23rd June 2020

Source: www.telegraph.co.uk

Child maintenance: Mothers take legal action against DWP – BBC News

Posted June 25th, 2020 in children, financial provision, judicial review, news by sally

‘Four single mothers have told the government they are seeking a judicial review into unpaid child maintenance.’

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BBC News, 24th June 2020

Source: www.bbc.com

Family court judges given power to intervene in domestic abuse cases – The Guardian

‘Judges will be empowered to intervene in cases of domestic abuse to prevent the complainant from being re-victimised by aggressive lines of questioning, as part of a new raft of legal changes announced today.’

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The Guardian, 25th June 2020

Source: www.theguardian.com

Swift v Carpenter: Accommodation costs dispute reaches Court of Appeal – Law Society’s Gazette

Posted June 25th, 2020 in appeals, compensation, housing, news, personal injuries by sally

‘The fundamental and long-debated approach to awarding compensation for special accommodation today arrived at the Court of Appeal.’

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Law Society's Gazette, 23rd June 2020

Source: www.lawgazette.co.uk

Delivery driver jailed for broken wing-mirror rage killing – BBC News

Posted June 24th, 2020 in assault, homicide, imprisonment, news, sentencing by sally

‘A pizza delivery driver who killed a man in a “grotesque” overreaction to a broken wing-mirror has been jailed for 14 years.’

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BBC News, 23rd June 2020

Source: www.bbc.co.uk

Chancery Lane demands action to clear employment tribunals backlog – Local Government Lawyer

‘The Law Society has called for action to be taken to clear a backlog of cases in employment tribunals ahead of an anticipated “avalanche” of post-COVID claims.’

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Local Government Lawyer, 23rd June 2020

Source: www.localgovernmentlawyer.co.uk

UK’s facial recognition technology ‘breaches privacy rights’ – The Guardian

‘Automated facial recognition technology that searches for people in public places breaches privacy rights and will “radically” alter the way Britain is policed, the court of appeal has been told.’

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The Guardian, 23rd June 2020

Source: www.theguardian.com

Solicitor fined after conviction for abusive Facebook messages – Legal Futures

‘A junior solicitor diagnosed with Asperger’s syndrome who was convicted after sending a woman he briefly dated a series of abusive Facebook messages has been fined £10,000 by a disciplinary tribunal.’

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Legal Futures, 24th June 2020

Source: www.legalfutures.co.uk

What You Should Know About The UK’s 14-Day Quarantine Rule – Each Other

‘As many Britons bask in a summer heatwave, Kylie Neuhaus will remain housebound for the next week or else she could face a fine of up to £1,000.’

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Each Other, 24th June 2020

Source: eachother.org.uk

Shell faces UK supreme court case over Niger delta pollution – The Guardian

‘The fossil fuel company Shell must be held accountable for significant and systematic pollution caused by oil extraction in the Niger delta, lawyers will argue in the supreme court.’

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The Guardian, 23rd June 2020

Source: www.theguardian.com