Author: sally

‘The Death Clause’ – can basic charges be recovered under a Conditional Fee Agreement in the event of a client’s death? – 4 New Square

Posted October 29th, 2019 in asbestos, costs, fees, industrial injuries, law firms, news by sally

‘On Thursday 24 October 2019, Mr Justice Pushpinder Saini handed down his judgment in Higgins & Co Lawyers Ltd v Evans [2019] EWHC 2809 (QB), an appeal from a decision of Master McCloud sitting in the SCCO. Roger Mallalieu appeared for the successful Appellant. Simon Teasdale explains the facts, the court’s rulings and the implications of the decision.’

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4 New Square, 29th October 2019

Source: www.4newsquare.com

Court of Appeal quashes homelessness “vulnerability” decision – Doughty Street Chambers

Posted October 29th, 2019 in appeals, expert witnesses, homelessness, housing, news, psychiatrists by sally

‘The Court of Appeal has given further guidance on the vexed meaning of vulnerability for the purposes of the homelessness provisions in the Housing Act 1996, Part 7, and the handling of medical evidence.’

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Doughty Street Chambers, 22nd October 2019

Source: www.doughtystreet.co.uk

Judicial review challenge on health inequalities caused by NHS Charging Scheme for migrant women and their children – Garden Court Chambers

Posted October 29th, 2019 in birth, domestic violence, female genital mutilation, health, judicial review, news, pregnancy by sally

‘Judicial review proceedings have been launched on behalf of Maternity Action, a leading maternity rights charity, challenging the Secretary of State for Health’s NHS Charging Regime. The disproportionate effect of charging is most stark amongst destitute pregnant women, new mothers, survivors of domestic abuse, sexual violence and Female Genital Mutilation and destitute migrant families supported by local authorities, who are overwhelmingly women.’

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Garden Court Chambers, 15th October 2019

Source: www.gardencourtchambers.co.uk

Vestel UK Ltd & Anor v HEVC Advance LLC & Koninklijke Philips NV – Blackstone Chambers

Posted October 29th, 2019 in competition, EC law, jurisdiction, licensing, news, patents by sally

‘The High Court has declined jurisdiction over an abuse of dominance claim against HEVC Advance (incorporated in Delaware) and Philips (incorporated in the Netherlands).’

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Blackstone Chambers, 22nd October 2019

Source: www.blackstonechambers.com

The new Accounts Rules – what can you do? – 4 New Square

Posted October 29th, 2019 in accounts, client accounts, news, regulations, solicitors, Solicitors Regulation Authority by sally

‘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?’

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4 New Square, 28th October 2019

Source: www.4newsquare.com

When is a Bank Account not a Bank Account Under Account Freezing and Forfeiture Orders? – Drystone Chambers

Posted October 29th, 2019 in banking, forfeiture, news, proceeds of crime by sally

‘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.’

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Drystone Chambers, October 2019

Source: drystone.com

European Court of Human Rights rules against the UK in ‘bedroom tax’ case – Doughty Street Chambers

Posted October 29th, 2019 in benefits, domestic violence, housing, human rights, news, sex discrimination by sally

‘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.’

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Doughty Street Chambers, 24th October 2019

Source: www.doughtystreet.co.uk

Gilham v Ministry of Justice: A New Chapter in Employment Protection? – Cloisters

Posted October 29th, 2019 in budgets, bullying, employment tribunals, judges, judiciary, news, Supreme Court, whistleblowers by sally

‘The Supreme Court has delivered its decision in the landmark case of Gilham v Ministry of Justice. In conferring the right to pursue whistleblowing complaints on judges – and for that matter all office-holders – it has opened a new frontier for the role of the European Convention of Human Rights in employment disputes.’

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Cloisters, 16th October 2019

Source: www.cloisters.com

High Commissioner for Pakistan in the United Kingdom v Prince Muffakham Jah and Others [2019] – Blackstone Chambers

Posted October 29th, 2019 in abuse of process, assignment, constructive trusts, illegality, India, news, Pakistan, state immunity by sally

‘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.’

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Blackstone Chambers, 2nd October 2019

Source: www.blackstonechambers.com

A short judgment must be a careful judgment… or risk a retrial – Practical Law Dispute Resolution Blog

Posted October 29th, 2019 in judgments, news, reasons, retrials by sally

‘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.’

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Practical Law Dispute Resolution Blog, 1st October 2019

Source: disputeresolutionblog.practicallaw.com

The impact of foreign insolvency proceedings on English law bank guarantees: ascertaining foreign law, the scope of the European Insolvency Regulation and the effect of pending actions – 4 New Square

Posted October 29th, 2019 in EC law, enforcement, guarantees, insolvency, Ireland, news, notification, service by sally

‘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.’

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4 New Square, 28th October 2019

Source: www.4newsquare.com

Boss of bogus law firm disqualified as director – Legal Futures

Posted October 25th, 2019 in company directors, complaints, insolvency, law firms, news, professional conduct, solicitors, Solicitors Regulation Authority by sally

‘The head of a bogus solicitors’ firm has received a 10-year director’s disqualification for running the business with a total lack of integrity.’

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Legal Futures, 24th October 2019

Source: www.legalfutures.co.uk

Tanzil Chowdhury: Miller (No 2), the Principle-isation of Ministerial Accountability and Military Deployments – UK Constitutional Law Association

Posted October 25th, 2019 in armed forces, constitutional law, enforcement, government departments, judicial review, judiciary, jurisdiction, news, parliament, Supreme Court by sally

‘Has the court in Miller (No 2) done the very thing it said it wouldn’t do in Miller (No 1)? Has it given legal enforceability to the constitutional convention of ministerial accountability? Several authors appear to suggest that is has (here, here and here). Indeed, conventions were given rather peculiar judicial treatment in Miller (No 1) not least when placed against Miller (No 2), but also due to the general unenforceability of ‘statutory conventions’ (more here). But back to the apparent elevation of the convention of ministerial accountability (CoMA) to a constitutional principle – or what I refer to as the principle-isation of the convention.’

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UK Constitutional Law Association, 24th October 2019

Source: ukconstitutionallaw.org

Is There A Point In Banning Drill Rappers Using Certain Words? – Rights Info

Posted October 25th, 2019 in artistic works, criminal behaviour orders, drug offences, freedom of expression, human rights, news, sentencing, violence, young offenders by sally

‘“Bandoe”, “Booj”, “trapping” and “Kitty”. These are a few of the words drill rapper Ervine Kimpalu has been banned from using in his music for five years after being imprisoned on drug dealing charges. It has sparked renewed debate over the role the music genre plays in serious youth violence. So, how is it that a person can be prevented from using certain words? And is there any point? RightsInfo explores.’

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Rights Info, 24th October 2019

Source: rightsinfo.org

Barrister suspended for offensive Facebook postings – Legal Futures

Posted October 25th, 2019 in barristers, disciplinary procedures, internet, news, professional conduct by sally

‘A barrister who posted a number of offensive and disparaging comments about a member of the public on Facebook has been suspended from practice.’

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Legal Futures, 25th October 2019

Source: www.legalfutures.co.uk

Liverpool win High Court case against New Balance paving way for new Nike kit deal – The Independent

Posted October 25th, 2019 in contracts, interpretation, news, sport by sally

‘Liverpool FC have won a High Court battle over a multimillion-pound sponsorship deal with American sportswear giant New Balance.’

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The Independent, 25th October 2019

Source: www.independent.co.uk

Police disciplinary hearings dropped over Thomas Orchard death – The Guardian

Posted October 25th, 2019 in abuse of process, bereavement, death in custody, disciplinary procedures, families, fines, health & safety, mental health, news, police, professional conduct, restraint by sally

‘The family of a church caretaker with mental health problems who died after being restrained at a police station have expressed anger after disciplinary proceedings against two detention officers were dropped.’

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The Guardian, 24th October 2019

Source: www.theguardian.com

The House of Lords on marriages and sharia law – Law & Religion UK

Posted October 25th, 2019 in cohabitation, interpretation, islamic law, marriage, news, parliament, women by sally

‘The issue of unregistered religious marriages has come up once again in the House of Lords. On 23 October, Baroness Cox asked the Government:

“what progress they have made in implementing the first recommendation of The independent review into the application of sharia law in England and Wales, published in February 2018, in order to protect Muslim women in Islamic marriages which are not civilly registered.”’

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Law & Religion UK, 24th October 2019

Source: www.lawandreligionuk.com

Stop and search up by almost a third in England and Wales – The Guardian

Posted October 25th, 2019 in crime prevention, drug offences, investigatory powers, news, offensive weapons, police, statistics, stop and search, violence by sally

‘The number of stop and searches carried out by police officers in England and Wales has increased by 32% in a year, official figures have shown.’

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The Guardian, 24th October 2019

Source: www.theguardian.com

Harry Dunn’s family to begin legal action against Foreign Office and Northamptonshire Police – Daily Telegraph

Posted October 25th, 2019 in accidents, bereavement, diplomats, families, government departments, immunity, judicial review, news, police, professional conduct, road traffic offences by sally

‘The family of Harry Dunn will shortly issue a letter of claim to begin legal action against the Foreign Office and Northamptonshire Police, spokesman Radd Seiger said.’

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Daily Telegraph, 24th October 2019

Source: www.telegraph.co.uk