‘The court of appeal’s decision in Slade (t/a Richard Slade And Company) v Boodia & Anor [2018] EWCA Civ 2667 is good news for solicitors but potentially not so good for their clients.’
Hardwicke Chambers, 3rd December 2018
Source: hardwicke.co.uk
‘Police have won a challenge against a decision that had paved the way for entertainer Michael Barrymore to receive substantial damages over a wrongful arrest he says destroyed his career.’
The Guardian, 12th December 2018
Source: www.theguardian.com
‘The Court of Appeal has given judgment in Faraday Development Ltd v West Berkshire Council [2018] EWCA Civ 2532 . The main judgment was given by Lindblom LJ. The claimant’s appeal against the first instance judgment of Holgate J was allowed, and the Court made the first declaration of ineffectiveness seen in an English public procurement case since the remedy was introduced in 2009 (there has previously been one such declaration in Scotland).’
11 KBW, 15th November 2018
Source: www.11kbw.com
‘Yesterday [27 November], the Court of Appeal handed down judgment in Richard Slade & Co v Boodia [2018] EWCA Civ 2667, resolving much of the confusion and concern that had fomented around the now reversed High Court decision and the issue of interim statute bills generally.’
4 New Square, 28th November 2018
Source: www.4newsquare.com
‘This appeal considered whether the effect of a Transfer Order, which transferred to Transport for London certain roads in London, was only to transfer the surface of the highway and sufficient sub-soil (normally called the two top spits) as is necessary for the maintenance of the surface, or whether it was to transfer to TfL the entire interest held by the council in the land on which the highway ran.’
UKSC Blog, 5th December 2018
Source: ukscblog.com
‘The case concerns discrimination against part-time judges in the calculation of pensions. The issue is whether periods of service as a part-time judge prior the coming into effect of Part Time Workers Directive (97/81/EC) should be taken into account in calculating the amount of pension to be paid upon retirement.’
Cloisters, 7th November 2018
Source: www.cloisters.com
‘The Court of Appeal has overturned the Competition Appeal Tribunal’s approach to awarding costs against Ofcom in telecommunications appeals.’
Blackstone Chambers, 15th November 2018
Source: www.blackstonechambers.com
‘This appeal considered the construction of the Landlord and Tenant Act 1954. It specifically considered whether a landlord which intends to carry out works if, and only if, those works are necessary to satisfy s 30(1)(f), and which offers an undertaking to carry out those works in the form of the undertaking given by the respondent in the present case, has the requisite intention for the purposes of ground (f). It also considered whether a landlord whose sole or predominant commercial objective is to undertake works in order to fulfil ground (f) and thereby avoid the grant of a new lease to the tenant, and which offers an undertaking to carry out those works in the form of an undertaking given in the present case, has the requisite intention for the purposes of ground (f).’
UKSC Blog, 5th December 2018
Source: ukscblog.com
‘James Goudie QC explains how the Court of Appeal reached its conclusion, in a dispute over a lease extension, that the extension granted to the owners of a football club by a local authority was not state aid.’
11 KBW, 13th November 2018
Source: www.11kbw.com
‘This week the Administrative Court handed down judgment in three appeals by the Solicitors Regulation Authority: SRA v Sovani James, SRA v Esteddar MacGregor, SRA v Peter Naylor [2018] EWHC 3058 (Admin). Reactions to the judgment by lawyers have been critical, regarding it as a harsh decision which missed an opportunity to reflect developing attitudes to wellbeing in the workplace.’
4 New Square, 16th November 2018
Source: www.4newsquare.com
‘An opencast coal mine could be built next to one of Northumerbland’s most beautiful beaches after The Court of Appeal overturned Savid Javid’s decision to block the scheme.’
Daily Telegraph, 8th December 2018
Source: www.telegraph.co.uk
‘A convicted paedophile has been found guilty of the “babes in the wood” murders at the end of a retrial that drew on scientific advances in forensics 32 years after two schoolgirls were killed.’
The Guardian, 10th December 2018
Source: www.theguardian.com
‘An employment tribunal has ruled that claims of racial discrimination and harassment brought against national firm Shoosmiths amount to an abuse of process.’
Legal Futures, 11th December 2018
Source: www.legalfutures.co.uk
‘ECHR, art 8 prevents someone from being removed from the UK where doing so would have a disproportionate impact on their private life and/or family life. Where a migrant seeks to rely on art 8, it is accordingly necessary for the Home Office, or on appeal the First-tier Tribunal, to conduct a balancing exercise between the individual’s private and family life rights on the one hand and the ‘public interest’ on the other.’
UKSC Blog, 4th December 2018
Source: ukscblog.com
‘BT has lost a legal bid to make changes to its pension scheme that unions claim would have transferred an estimated £2bn of wealth from scheme members to shareholders.’
The Guardian, 4th December 2018
Source: www.theguardian.com
‘Being on the register of listed buildings is enough to give a structure protection and its validity cannot be challenged in disputes over enforcement, the Court of Appeal has ruled.’
Local Government Lawyer, 29th November 2018
Source: www.localgovernmentlawyer.co.uk
‘There is no implied sanction for failing to serve a medical report, the High Court has ruled, reinstating a complex personal injury claim which had been struck out.’
Litigation Futures, 29th November 2018
Source: www.litigationfutures.com
‘A former postman who was wrongly convicted of attempted rape is suing West Mercia police after it emerged that the force had failed to detect another man’s DNA on the victim’s clothing.’
The Independent, 28th November 2018
Source: www.telegraph.co.uk
‘The Court of Appeal has allowed a challenge from a law firm whose former clients wanted a full assessment of more than £200,000 in billed costs. Lord Justice Newey overturned a High Court ruling which had held that a statute bill served by a law firm should contain details of disbursements.’
Law Society's Gazette, 28th November 2018
Source: www.lawgazette.co.uk
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