Costs in statutory/judicial reviews where the claim fails at the permission stage (Campaign to Protect Rural England—Kent Branch v SSCLG) – No. 5 Chambers

Posted August 29th, 2019 in costs, judicial review, news, planning by sally

Planning analysis: In refusing permission to apply for statutory review, the Court of Appeal held that there was no limit to the number of parties to which claimants could be liable to in costs and that the court was correct not to limit further the Aarhus cap on the basis that the claim failed at the permission stage. Nevertheless, successful defendants and/or interested parties may only recover reasonable and proportionate costs. Written by Howard Leithead, barrister at No5 Chambers.

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No. 5 Chambers, 5th August 2019

Source: www.no5.com

High Court allows cross examination of Defendant on a worldwide freezing order concerning asset disclosure – No. 5 Chambers

Posted August 29th, 2019 in cross-examination, disclosure, freezing injunctions, news by sally

‘On 27 June 2019 in the English High Court in Kazakhstan Kagazy Plc & 5 Others v Baglan Abdullayevich Zhunus & Others [2019] EWHC 1693 (Comm) 2019 WL 02746548; the High Court re-examined the principles on which a Defendant can be cross-examined on their assets where there had been a disclosure order pursuant to a worldwide freezing order (‘WFO’).’

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No. 5 Chambers, 1st August 2019

Source: www.no5.com

Insolvency proceedings, guarantees and contractual pre-conditions – Hardwicke Chambers

Posted August 29th, 2019 in contracts, guarantees, insolvency, news, statutory demands by sally

‘If you are considering commencing insolvency proceedings against another party, do ensure that they actually owe you a debt before you do so. This point is so obvious that it barely needs stating. However, Martin v McLaren Construction Ltd serves as an example of how things can go badly wrong if it is not double-checked.’

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Hardwicke Chambers, August 2019

Source: hardwicke.co.uk

Akcil & Ors v Koza Ltd & Anor [2019] UKSC 40 – Hardwick Chambers

‘The first respondent (“Koza Ltd”) was a private company incorporated in England in March 2014. Koza Ltd was a wholly owned subsidiary of the sixth appellant (“Koza Altin”), a publicly listed company incorporated in Turkey and part of a group of Turkish companies known as the Koza Ipek Group (“the Group”). The Group was formerly controlled by the second respondent (“Mr Ipek”).’

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Hardwicke Chambers, 22nd August 2019

Source: hardwicke.co.uk

Alison Berridge, Alexandra Littlewood and Ciar McAndrew: Freedom of Information Journal – Recent decisions of the Commissioner and Tribunal – Monckton Chambers

‘Alison Berridge, Alexandra Littlewood and Ciar McAndrew, public law barristers at Monckton Chambers, highlight the points of interest from April-June decisions of the First-Tier and Upper Tribunals.’

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Monckton Chambers, 20th August 2019

Source: www.monckton.com

David Lascelles writes on important Court of Appeal decision on Rectification – Littleton Chambers

Posted August 29th, 2019 in contracts, mistake, news, rectification by sally

‘The Court of Appeal handed down judgment yesterday [2 August] in FSHC Group Holdings Ltd v Glas Trust Corporation Limited [2019] EWCA Civ 1361.’

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Littleton Chambers, 2nd August 2019

Source: www.littletonchambers.com

The implications of ‘bulk hacking’ – Henderson Chambers

‘Corporate Crime analysis: Matthew Richardson, barrister at Henderson Chambers, examines the concept of ‘bulk hacking’ by intelligence services and some of the legal implications, in light of the latest judicial review challenge by Liberty.’

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Henderson Chambers, 9th August 2019

Source: www.hendersonchambers.co.uk

Cape Intermediate Holdings Ltd v Dring (Asbestos Victims Support Groups Forum UK) [2019] UKSC 38 – Hardwicke Chambers

‘In this case, the UKSC held that courts have an inherent jurisdiction independent of the CPR to order non-party access to court documents under the constitutional principle of open justice. This, however, is to be balanced against both any countervailing interests in refusing access, and the principle of practicality and proportionality.’

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Hardwicke Chambers, 28th August 2019

Source: hardwicke.co.uk

Non-discriminatory bullying in the workplace: does the law go far enough? – Hardwicke Chambers

Posted August 29th, 2019 in bullying, employment, harassment, news by sally

‘In workplaces bullying is more commonly purely psychological and rarely reaches levels of criminality. In such cases, non-discriminatory bullying could nonetheless find a workplace stress claim in the civil courts.’

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Hardwicke Chambers, 28th August 2019

Source: hardwicke.co.uk

Costs budgeting is not inevitable – Charlie Cory-Wright QC – UK Human Rights Blog

Posted August 27th, 2019 in budgets, civil procedure rules, costs, news, personal injuries by sally

‘Generally speaking, we lawyers dislike procedural change. While we may well understand that a particular change is necessary and we will certainly recognise that we need to adapt to it when it comes, such changes nonetheless tend to make us feel ignorant and highly uncomfortable. We have to treat any new procedural regime as a known unknown, which presents pitfalls for the unwary, at least until we become familiar with it. And in the meantime, a culture of half-knowledge develops, an uncertain and dangerous combination of a little learning, anecdote, and false assumptions. This very often leads to negative over-simplification.’

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UK Human Rights Blog, August 2019

Source: ukhumanrightsblog.com

Expert “failed to provide objective opinion”, says High Court – Litigation Futures

Posted August 27th, 2019 in accountants, bias, evidence, expert witnesses, news by sally

‘An expert witness who said in oral evidence that he saw his role as presenting his side’s case “in the most favourable light” has been criticised by the High Court.’

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Litigation Futures, 27th August 2019

Source: www.litigationfutures.com

Man jailed over Sheffield McDonald’s machete attack – BBC News

Posted August 27th, 2019 in guilty pleas, news, offensive weapons, sentencing, wounding by sally

‘A man has been jailed for 12 years for attacking a man with a machete outside a branch of McDonald’s.’

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BBC News, 23rd August 2019

Source: www.bbc.co.uk

Possession and licensing in Wales – Nearly Legal

Posted August 27th, 2019 in housing, landlord & tenant, licensing, news, repossession, Wales by sally

‘Does failing to be licensed under The Housing (Wales) Act 2014 prevent a landlord from serving any notice seeking possession, or just a section 21 notice? That was the issue in a county court appeal in Evans & Evans v Jarvis, County Court at Swansea, 20 August 2019.’

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Nearly Legal, 26th August 2019

Source: nearlylegal.co.uk

Bitcoin worth £900,000 seized from hacker to compensate victims – The Guardian

‘A judge has ordered the confiscation of bitcoin worth more than £900,000 from a jailed hacker in the first case of its kind for the Metropolitan police.’

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The Guardian, 23rd August 2019

Source: www.theguardian.com

Simon Dobbin: Brain-damaged football fan’s family want law change – BBC News

Posted August 27th, 2019 in assault, medical treatment, news, sentencing, sport, violent disorder by sally

‘The family of a football fan who suffered horrific injuries at the hands of hooligan opposition fans are campaigning for a change in the law.’

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BBC News, 24th August 2019

Source: www.bbc.co.uk

Unhappy paralegal refused discrimination claim rerun – Legal Futures

Posted August 27th, 2019 in disability discrimination, news, paralegals, retrials by sally

‘An employment tribunal has refused to reconsider a decision that comprehensively rejected a disability discrimination claim brought by a paralegal who worked for well-known personal injury firm Ralli.’

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Legal Futures, 27th August 2019

Source: www.legalfutures.co.uk

Police chief: Attackers of PCs ‘must be jailed, no ifs no buts’ – BBC News

Posted August 27th, 2019 in assault, emergency services, imprisonment, news, sentencing by sally

‘Harsher sentences for people who attack police officers “would be very welcome”, the head of the national body for police bosses has said.’

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BBC News, 25th August 2019

Source: www.bbc.co.uk

Transgender journalist loses discrimination claim against the Times – The Guardian

‘A transgender woman made redundant by the Times has lost an employment tribunal in which she claimed to have experienced discrimination and unfair dismissal.’

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The Guardian, 23rd August 2019

Source: www.theguardian.com

Costs Orders against Lawyers: A line in the sand – Hailsham Chambers

Posted August 23rd, 2019 in costs, damages, malicious prosecution, news, solicitors by sally

‘Imagine a case where lawyers, seek damages on behalf of a client which include their unrecovered costs in earlier litigation where they acted for the same client. If the new claim fails, are they personally liable for the winner’s costs? This was the startling proposition advanced in this case. Rose LJ has said that it is wrong.’

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Hailsham Chambers, 9th August 2019

Source: www.hailshamchambers.com

Adding Insult to Injury – Hailsham Chambers

Posted August 23rd, 2019 in costs, expert witnesses, negligence, news, personal injuries, time limits by sally

‘A rough guide to Personal Injury and Clinical Negligence Litigation for Professional Indemnity Lawyers.’

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Hailsham Chambers, 13th August 2019

Source: www.hailshamchambers.com