When is a financial agreement between a separating couple binding? – Family Law

Posted October 9th, 2017 in agreements, appeals, delay, disclosure, divorce, financial provision, news by sally

‘In the case of Briers v Briers [2017] EWCA Civ 15, Mrs Briers (W) issued financial remedy proceedings 11 years after she separated from Mr Briers (H), and eight years after H alleged they had reached a concluded agreement settling their financial affairs. The Court of Appeal found that the parties had not reached a concluded agreement, despite both acting on the agreement including the transfer of assets to one another. W could, therefore, bring further financial claims against H.’

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Family Law, 6th October 2017

Source: www.familylaw.co.uk

Foster carer fights for workers’ rights – BBC News

‘A foster carer is launching a legal claim to argue for workers’ rights for people in her role.’

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BBC News, 9th October 2017

Source: www.bbc.co.uk

High Court questions growing use of standstill agreements – Litigation Futures

Posted October 3rd, 2017 in agreements, negligence, news, stay of proceedings, striking out by sally

‘The High Court has questioned the growing use of standstill agreements in litigation, saying they are “potentially just another self-inflicted complication” when it would be simpler to apply for a stay.’

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Litigation Futures, 3rd October 2017

Source: www.litigationfutures.com

Former receptionist collapses in court after judge rules against her bid for half of ex-boyfriend’s business​ – Daily Telegraph

Posted September 19th, 2017 in agreements, cohabitation, news by tracey

‘A woman collapsed in court after a judge ruled that her ex-boyfriend had not promised to marry her and she did not have a claim for a half-share of his business. After Judge Alan Johns QC ruled against Gillian Turner, fell onto the desk in front of her and was given first aid treatment from court staff.’

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Daily Telegraph, 18th September 2017

Source: www.telegraph.co.uk

Press regulator censures Mail on Sunday for global warming claims – The Guardian

Posted September 18th, 2017 in agreements, climate change, codes of practice, complaints, media, news by tracey

‘Claims in the Mail on Sunday that global warming data had been exaggerated in order to secure the Paris climate change agreement have been criticised by the UK’s press regulator.’

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The Guardian, 17th September 2017

Source: www.theguardian.com

Finance and Divorce Update September 2017 – Family Law Week

Posted September 7th, 2017 in agreements, appeals, divorce, financial provision, news, Supreme Court by tracey

‘Sue Brookes, Principal Associate with Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during August 2017.’

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Family Law Week, 1st September 2017

Source: www.familylawweek.co.uk

Cafcass and ADCS withdraw agreement over collaboration in care proceedings – Local Government Lawyer

Posted August 23rd, 2017 in agreements, care orders, children, guardianship, news by sally

‘A controversial agreement between the Association of Directors of Children’s Services and Cafcass over children’s care proceedings has been scrapped.’

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Local Government Lawyer, 22nd August 2017

Source: www.localgovernmentlawyer.co.uk

Corvan (Properties) Limited v Maha Ahmed Abdel-Mahmoud [2017] UKUT 228 (LC) – Tanfield Chambers

Posted August 22nd, 2017 in agreements, landlord & tenant, leases, news, service charges by sally

‘The FTT had correctly ruled that a management agreement was for a term of more than twelve months, and therefore a long-term qualifying agreement for the purposes of s.20 of the Landlord and Tenant Act 1985.’

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Tanfield Chambers, 31st July 2017

Source: www.tanfieldchambers.co.uk

Not up for Negotiation: Court of Appeal Clarifies the Meaning of ‘Written Standard Terms of Business’ By Benjamin Gray – Littleton Chambers

Posted August 22nd, 2017 in agreements, appeals, contracts, news by sally

‘The Unfair Contract Terms Act 1977 is a powerful way to avoid exclusions of liability. Its power, however, is tempered by need for one party to deal with the other ‘as a consumer or on the other’s written standard terms of business’ (s. 3(1)).’

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Littleton Chambers, 19th July 2017

Source: www.littletonchambers.com

Binding agreements in TOLATA claims – Family Law Week

‘Alexander Chandler, barrister, 1 King’s Bench Walk, considers the law and practice of agreements to settle TOLATA claims.’

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Family Law Week, 28th July 2017

Source: www.familylawweek.co.uk

Brexit: what happens to international litigation? – OUP Blog

Posted July 24th, 2017 in agreements, brexit, courts, domicile, EC law, enforcement, jurisdiction, news by sally

‘At the present time, a large range of civil proceedings, especially in the commercial area, are governed by an EU measure, the Brussels I Regulation (Recast) of 2012. This applies whenever the defendant is domiciled in another EU country, whenever there is a choice-of-court agreement designating a court in the EU, and whenever an EU Member State has exclusive jurisdiction over a particular matter, for example title to land or registered intellectual-property rights. The Regulation also applies to the recognition and enforcement of judgments between different EU States.’

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OUP Blog, 24th July 2017

Source: blog.oup.com

May’s deal with DUP faces legal challenge from crowdfunding campaign – The Guardian

‘A crowdfunding campaign has been launched to raise funds for a potential legal challenge to Theresa May’s parliamentary deal with the Democratic Unionist party, on the grounds that it breaches the Good Friday agreement.’

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The Guardian, 9th July 2017

Source: www.theguardian.com

Court of Appeal begins hearing CFA assignment case – Litigation Futures

Posted July 6th, 2017 in agreements, appeals, fees, law firms, news, personal injuries by sally

‘The profession should soon have an answer to the question of when a conditional fee agreement (CFA) can be assigned from one law firm to another as the Court of Appeal is hearing a test case today.’

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Litigation Futures, 5th July 2017

Source: www.litigationfutures.com

Dispute Resolution Post-Exit – Henderson Chambers

‘Both sides to the negotiations have already taken positions on the mechanisms for dispute settlement under the arrangements for the UK’s withdrawal from, and its future relationship with, the EU. As with other aspects of the negotiations, we have to hope that more flexibility will be shown on this issue, once the hard bargaining begins, than has seemed evident in the preparatory stage.’

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Henderson Chambers, 24th June 2017

Source: www.hendersonchambers.co.uk

Theresa May faces legal challenge over proposed deal with DUP – The Guardian

‘Theresa May is facing a landmark legal challenge over her proposed deal with the Democratic Unionist party on the grounds that it breaches the Good Friday agreement.’

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The Guardian, 20th June 2017

Source: www.theguardian.com

English courts’ willingness to uphold parties’ choice of law provides certainty in Brexit world, says expert – OUT-LAW.com

‘A Court of Appeal decision upholding the parties’ choice to use English law under a swap agreement will provide some relief to financial firms despite the ongoing uncertainty around the UK’s decision to leave the EU, an expert has said.’

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OUT-LAW.com, 21st June 2017

Source: www.out-law.com

High Court orders trial over enforcement of disputed DBA – Law Society’s Gazette

Posted June 15th, 2017 in agreements, costs, damages, delay, law firms, news by sally

‘The High Court has allowed for trial of a preliminary issue in a case concerning the limits of a damages based agreement (DBA).’

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Law Society's Gazette, 13th June 2017

Source: www.lawgazette.co.uk

Colin Harvey and Daniel Holder: The Great Repeal Bill and the Good Friday Agreement – Cementing a Stalemate or Constitutional Collision Course? – UK Constitutional Law Association

‘As predicted, Brexit is proving to be profoundly destabilising for the peace process and the constitutional politics of Northern Ireland. An outcome that lacks the consent of the people of Northern Ireland (a majority voted to remain) is re-opening fundamental questions about future relationships across these islands. We argue that this constitutional mess has potentially created a ‘perfect storm’, and leaves many here struggling with the troubling consequences.’

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UK Constitutional Law Association, 6th June 2017

Source: ukconstitutionallaw.org

Watson and others v Watchfinder.co.uk Ltd – WLR Daily

Posted June 1st, 2017 in agreements, company directors, consent, contracts, law reports, shareholders by sally

Watson and others v Watchfinder.co.uk Ltd [2017] EWHC 1275 (Comm)

‘The claimants were directors and shareholders of a business development consultancy whose services the defendant company retained to assist it in attracting investors. At the same time, the defendant entered into a share option agreement with the claimants on terms which, as later amended, provided for the claimants to purchase a certain percentage of the defendant’s issued share capital at a given price, but also provided that the option could not be exercised without the consent of a majority of the defendant’s board of directors. The claimants later sought to exercise the option but consent was refused. The claimants brought proceedings for specific performance of the share option agreement, contending that, as a matter of construction of that agreement or by way of an implied term, the defendant could not exercise its discretion over the grant of consent in a way that was arbitrary, capricious or irrational.’

WLR Daily, 25th May 2017

Source: www.iclr.co.uk

Short Cuts – London Review of Books

‘After Brexit, the public face of criminal justice will look much the same as it does now. The UK has resisted many of the European Union’s moves towards harmonisation of substantive criminal law and procedure, and it is unlikely to use its new-found freedom from the restraints of EU law to decriminalise things like child pornography, cybercrime and people trafficking. The EU’s greatest impact on criminal justice has been through the multiple agreements and instruments that facilitate the detection, investigation and prosecution of such crimes as terrorism, people trafficking, child pornography, drug-smuggling, cybercrime and fraud across the EU. The best known of these is the European Arrest Warrant (EAW), implemented in 2004.’

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London Review of Books, 18th May 2017

Source: www.lrb.co.uk