CA overturns costs order that penalised one party when other was also at fault – Litigation Futures

Posted March 29th, 2016 in appeals, costs, news by sally

‘The Court of Appeal has overturned a circuit judge’s decision to make a costs order against a successful claimant who failed to accept an offer he should have done, because the judge had failed to take account of the defendant’s conduct as well.’

Full story

Litigation Futures, 23rd March 2016

Source: www.litigationfutures.com

Educational Excellence Everywhere? – Education Law Blog

‘The dust has started to settle on the Government’s education white paper: educational excellence everywhere. After a relatively slow start, the number of newspaper articles and interest on social media has picked up.’

Full story

Education Law Blog, 26th March 2016

Source: www.education11kbw.com

British man faces jail after keeping wife as a slave – The Independent

‘A Londoner who brought his Pakistani bride to the UK to use her as a slave and beat her so badly she tried to end her life faces jail.’

Full story

The Independent, 27th March 2016

Source: www.independent.co.uk

Government spends £100,000 on lawyers to defend the bedroom tax – The Independent

Posted March 29th, 2016 in appeals, benefits, disabled persons, fees, housing, news, social security by sally

‘The Department for Work and Pensions has spent over £100,000 on lawyers fighting a court battle to save its controversial “bedroom tax” policy.’

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The Independent, 28th March 2016

Source: www.independent.co.uk

Children aged 10 among hundreds held over alleged gun crimes – BBC News

Posted March 29th, 2016 in children, firearms, freedom of information, news by sally

‘Children as young as 10 were among hundreds of youngsters arrested for suspected gun crimes in the last three years, new data has revealed.’

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BBC News, 29th March 2016

Source: www.bbc.co.uk

Four paedophiles convicted after sting operations by vigilantes – The Guardian

Posted March 29th, 2016 in child abuse, internet, news, police, prosecutions, sexual grooming, sexual offences by sally

‘Four paedophiles have been convicted following sting operations by vigilantes who claim they trapped them on a Facebook page explicitly dedicated to young girls dating older men.’

Full story

The Guardian, 28th March 2016

Source: www.guardian.co.uk

Hammond criticises judge for stripping diplomatic immunity from Saudi billionaire – The Guardian

Posted March 22nd, 2016 in appeals, diplomats, divorce, immunity, judges, ministers' powers and duties, news by sally

‘Phillip Hammond, the foreign secretary, has taken the highly unusual step of criticising a high court judge’s decision to strip diplomatic immunity from a Saudi billionaire facing divorce proceedings from his estranged wife.’

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The Guardian, 22nd March 2016

Source: www.guardian.co.uk

Damages in Fatal Accidents Claims: Supreme Court decision as to proper basis for calculations of future loss – Henderson Chambers

Posted March 22nd, 2016 in accidents, appeals, asbestos, damages, industrial injuries, news, Supreme Court, trials by sally

‘In Knauer (Widower and Administrator of the Estate of Sally Ann Knaur) v Ministry of Justice [2016] UKSC 9, the Supreme Court has held that the correct date as at which to assess the multiplier when fixing damages for future loss in claims under the Fatal Accidents Act 1976 should be the date of trial and not the date of death. In doing so it refused to follow two decisions of the House of Lords (Cookson v Knowles [1979] AC 556 and Graham v Dodds [1983] 1 WLR 808) pursuant to which the relevant date had been the date of death.’

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Henderson Chambers, February 2016

Source: www.hendersonchambers.co.uk

Becky Parker murder: Matthew Smith jailed for life – BBC News

Posted March 22nd, 2016 in murder, news, pregnancy, sentencing by sally

‘The ex-boyfriend of a pregnant mother-of-two has been jailed for life for her murder.’

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BBC News, 22nd March 2016

Source: www.bbc.co.uk

EVENT: 25 Bedford Row – Symposium on the Investigatory Powers Bill 2015

Posted March 22nd, 2016 in Forthcoming events by sally

‘The draft Investigatory Powers Bill 2015 currently working its way through the parliamentary process is wide-ranging and includes an extension of the powers of the security services in response to surveillance disclosures by the NSA whistleblower Edward Snowden. It also moves to strengthen the security services warranted powers for the bulk interception of the content of communications. It has been called a “snoopers charter”.’

Date: 22nd March 2016, 6.00-8.00pm

Location: Conway Hall, 25 Red Lion Square, London, WC1R 4RL

Charge: Free, booking required

More information can be found here.

Material Contribution and Williams – Hardwicke Chambers

Posted March 22nd, 2016 in appeals, medical treatment, negligence, news, Privy Council by sally

‘On 25 January 2016 the Judicial Committee of the Privy Council handed down judgment in the case of Williams v The Bermuda Hospitals Board [2016] UKPC 4, the most recent reported decision regarding material contribution in clinical negligence cases. While not binding in domestic courts the case is highly persuasive authority.’

Full story

Hardwicke Chambers, 8th March 2016

Source: www.hardwicke.co.uk

EVENT: Fifth Annual Cambridge Journal of International and Comparative Law Conference

Posted March 22nd, 2016 in Forthcoming events by sally

‘The editors of the Cambridge Journal of International and Comparative Law (CJICL) welcome delegates to the CJICL 5th Annual Conference to be held at the University of Cambridge, Faculty of Law on 8-9 April 2016. Keynote speeches will be delivered by Professor Muir Watt, of Sciences Po, and Judge Spielmann, formerly President of the European Court of Human Rights. The full draft programme can be found on our website at www.http://cjicl.org.uk.

The theme for the CJICL 5th Annual Conference is “Public and Private Power”. We are interested in doctrinal, theoretical, institutional and comparative perspectives from international, European and comparative law on the regulation of public and private power.

The conference will explore how the landscape of public and private power is changing, where new and important networks and partnerships between public and private power are emerging and where public power is co-opting or commissioning private power in larger projects. This interconnectivity can be seen at all levels, challenges traditional divisions between public and private, and raises new problems for regulation. ‘

Date: 8th-9th April 2016, 9.00am-6.00pm

Location: University of Cambridge – Faculty of Law – 10 West Road Cambridge CB3 9DZ GB

Charge: £90, Day tickets are also available to delegates who are only able to attend one day of the conference.

More information can be found here.

Planning inspector removes affordable housing obligations from s106 agreement – OUT-LAW.com

Posted March 22nd, 2016 in appeals, housing, news, planning, social services by sally

‘A planning inspector has removed the affordable homes obligations from an agreement between a developer and an Oxfordshire council after finding that they rendered the proposed development economically unviable.’
Full story

OUT-LAW.com, 16th March 2016

Source: www.out-law.com

A Friend in Need is a Friend Indeed…A Cautionary Tale – Hardwicke Chambers

Posted March 22nd, 2016 in contracts, duty of care, news, pro bono work by sally

‘It can be a common misconception that where services have been offered without charge then there will be no liability in the event that something goes wrong. This point was addressed in the recent case of Burgess and another v Lejonvarn [2016] EWHC 40 (TCC) and serves as a warning to all professionals offering free advice.’

Full story

Hardwicke Chambers, 4th March 2016

Source: www.hardwicke.co.uk

Stevensdrake v Hunt and the indemnity principle – Hardwicke Chambers

Posted March 22nd, 2016 in agreements, costs, fees, indemnities, law firms, news by sally

‘Having successfully obtained judgment for your client in a case where your firm of solicitors is acting under a conditional fee agreement (CFA), it is only natural that thoughts will turn to the firm’s own impending financial reward. But the terms of a CFA, negotiated at the outset of the case, can prove to be a barrier to their underlying commercial purpose: payment by result.’

Full story

Hardwicke Chambers, 17th March 2016

Source: www.hardwicke.co.uk

A laundrette by any other name smells less sweet – Hardwicke Chambers

Posted March 22nd, 2016 in contracts, covenants, leases, news by sally

‘This Q&A deals with user clauses in commercial leases. What is permitted by a covenant permitting use solely as a laundrette? Does such a clause permit the provision of dry-cleaning services?’

Full story

Hardwicke Chambers, 21st March 2016

Source: www.hardwicke.co.uk

Traders win Court of Appeal battle over Shepherd’s Bush Market regeneration – Local Government Lawyer

Posted March 22nd, 2016 in appeals, compulsory purchase, local government, markets, news, planning by sally

‘The Court of Appeal has upheld a challenge brought by traders against a High Court ruling that the decision by former Communities Secretary Eric Pickles to confirm a compulsory purchase order for Shepherd’s Bush Market was lawful.’

Full story

Local Government Lawyer, 21st March 2016

Source: www.localgovernmentlawyer.co.uk

Holmcroft: Skilled person not amenable to judicial review – Henderson Chambers

Posted March 22nd, 2016 in banking, financial regulation, fraud, judicial review, negligence, news by sally

‘On 24 February 2016, in R (Holmcroft Properties Limited) -v- KPMG LLP and others, the Divisional Court dismissed Holmcroft’s judicial review challenge to the skilled person’s role in a mis-selling redress scheme. The skilled person, KPMG, had approved Barclays’ rejection of Holmcroft’s claims for consequential losses it claimed to have suffered as a result of the mis-sale. The court found that the skilled person was not amenable to judicial review and that, in any event, it had acted fairly.’

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Henderson Chambers, 3rd March 2016

Source: www.hendersonchambers.co.uk

What are the Legal Obligations on Sports Clubs Looking to Dismiss an Underperforming Manager? – Littleton Chambers

Posted March 22nd, 2016 in clubs, disciplinary procedures, employment, news, sport by sally

‘The performance of sports managers is a constant subject of discussion both in the media and amongst fans, with many holding strong views over whether an individual is properly performing in their role.’

Full story

Littleton Chambers, 4th March 2016

Source: www.littletonchambers.com

Trainee Doctors and Whistleblowing – Littleton Chambers

Posted March 22nd, 2016 in appeals, doctors, employment tribunals, news, whistleblowers by sally

‘In the judgment of the EAT in Day-v-Health Education England & Ors [2016] UKEAT/0250/15/RN it has been held that doctors in training do not possess the requisite relationship to allow them to bring a whistleblowing claim against Health Education England (their training organiser)’

Full story

Littleton Chambers, 9th March 2016

Source: www.littletonchambers.com