Former UBS trader Kweku Adoboli could be deported to Ghana – The Guardian

Posted November 13th, 2018 in appeals, banking, deportation, fraud, immigration, judicial review, news, sentencing by sally

‘The convicted former UBS trader Kweku Adoboli has been arrested and could be deported to Ghana in the next few days, he has said.’

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The Guardian, 12th November 2018

Source: www.theguardian.com

North Midland Building v Cyden: apportioning risk for concurrent delay in the UAE – Practical Law: Construction Blog

‘In North Midland Building Ltd v Cyden Homes, the Court of Appeal held that parties to a construction contract are free to apportion risk in the event of concurrent delay.’

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Practical Law: Construction Blog, 7th November 2018

Source: constructionblog.practicallaw.com

Supreme Court rejects time bar in passenger death at sea case – OUT-LAW.com

‘The Supreme Court has issued an important judgment on the interaction between the 1974 Athens Convention on carriage of passengers by sea and time bar provisions in Scottish domestic law.’

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OUT-LAW.com, 5th November 2018

Source: www.out-law.com

Naomi McLoughlin Discusses the Recent Case of Surrey County Council v Hilliard (2018) – Park Square Barristers

‘The legal test in considering a breach of s41 remains to be found in James v Preseli Pembrokeshire DC [1993] PIQR P114 and Jones v Rhondda Cynon Taff CBC [2008] EWCA Civ 1497. Whilst the appellant was successful on the basis two pieces of evidence had not been considered with the correct weight, the lower Court had nonetheless applied the correct legal test.’

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Park Square Barristers, 30th October 2018

Source: www.parksquarebarristers.co.uk

Nicholas Saunderson v Cambridge Park Court Residents Association Limited [2018] UKUT 182 (LC) – Tanfield Chambers

Posted November 5th, 2018 in appeals, covenants, housing, jurisdiction, landlord & tenant, leases, news, tribunals by sally

‘The Upper Tribunal considered the extent of a tenant’s liability to pay for communal heating when that obligation arose only by an estoppel by convention and, in fact, the tenant’s flat was no longer connected to the communal system.’

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Tanfield Chambers, 5th October 201

Source: www.tanfieldchambers.co.uk

Environmental Law News Update – Six Pump Court

‘In this latest Environmental Law News Update, Christopher Badger and Mark Davies consider the environmental implications of yesterday’s Budget, a consultation between the FCA and the PRA on climate change and finance, and a recent case holding that an EIR request was “manifestly unreasonable”.’

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Six Pump Court, 30th October 2018

Source: www.6pumpcourt.co.uk

Avon Ground Rents Ltd v Child [2018] UKUT 204 (LC) – Tanfield Chambers

‘The UT comprised of Holgate J and HHJ Hodge QC (also sitting as County Court judges) gave valuable guidance concerning the importance of judges maintaining jurisdictional clarity and seperation when sitting as both FTT judges and County Court judges under the Residential Property Dispute Deployment Pilot.’

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Tanfield Chambers, 5th October 2018

Source: www.tanfieldchambers.co.uk

Supreme Court to hear key case on village greens and public authority land – Local Government Lawyer

Posted November 5th, 2018 in appeals, commons, judicial review, local government, news, Supreme Court by sally

‘The Supreme Court has agreed to hear conjoined cases over village greens, public authority-owned land and the concept of ‘statutory incompatibility’, it has been reported.’

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Local Government Lawyer, 5th November 2018

Source: www.localgovernmentlawyer.co.uk

Defendants pay heavy price for refusing to discuss costs – Law Society’s Gazette

‘Defendants in a professional negligence claim who rejected the chance to settle costs have been left nursing a bill at least three times higher than it might have been.’

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Law Society's Gazette, 2nd November 2018

Source: www.lawgazette.co.uk

Suitability and s.193 accommodation – Nearly Legal

Posted November 5th, 2018 in appeals, children, duty of care, housing, local government, news by sally

‘This was a s.204 appeal of a s.202 review on suitability of temporary accommodation provided to the appellant by Lewisham. This was originally temporary accommodation provided under s.188 Housing Act 1996, but following Lewisham accepting the full housing duty, it became accommodation provided under s.193 HA 1996.’

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Nearly Legal, 4th November 2018

Source: nearlylegal.co.uk

LiP sanctioned for revealing ‘without prejudice’ offer in court – Litigation Futures

‘A litigant in person (LiP) who disclosed a ‘without prejudice’ offer during trial had been warned not to and the judge was right to sanction him, the Court of Appeal has ruled.’

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Litigation Futures, 5th November 2018

Source: www.litigationfutures.com

Darnley v Croydon Health Services NHS Trust: Supreme Court confirms duty of care exists on non-medical A&E staff – Cloisters

‘In a unanimous judgment delivered on 10th October 2018, the Supreme Court reminded practitioners that there is no need to consider the Caparo v Dickman test in every case where the existence of a duty of care is in issue, and that judges must be careful not to conflate issues relevant to the existence of a duty with those relevant to whether or not the duty has been breached.’

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Cloisters, 18th October 2018

Source: www.cloisters.com

Lee v Ashers Baking Company Ltd and others – Blackstone Chambers

‘The Supreme Court unanimously and comprehensively reversed the Northern Ireland Court of Appeal’s decision in the “gay cake” case. The Supreme Court, in a decision of considerable significance for the United Kingdom as a whole, and beyond, held that the bakery would have refused to supply this particular cake to anyone, whatever their personal characteristics. So there was no discrimination on grounds of sexual orientation. If and to the extent that there was an arguable case of discrimination on grounds of political opinion, no justification has been shown for overriding the bakery’s ECHR protections against compelled speech.’

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Blackstone Chambers, 10th October 2018

Source: www.blackstonechambers.com

Council fails in challenge to decision by inspector to grant permission for 29 homes- Local Government Lawyers

Posted November 2nd, 2018 in appeals, housing, local government, news, planning by sally

‘Cheshire East Council has failed in a High Court challenge to a planning inspector’s decision to grant a developer outline planning permission for 29 dwellings on appeal.’

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Local Government Lawyer, 1st November 2018

Source: www.localgovernmentlawyer.co.uk

Ryanair tops airline compensation appeal claims for year – BBC News

Posted November 2nd, 2018 in airlines, appeals, compensation, delay, dispute resolution, news, statistics by sally

‘More Ryanair passengers have taken compensation claims for cancellations or delays to arbitration this year than any other airline, figures show.’

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BBC News, 2nd November 2018

Source: www.bbc.co.uk

New Judgment: Dooneen Ltd (t/a McGinness Associates) & Anor v Mond [2018] UKSC 54 – UKSC Blog

Posted November 1st, 2018 in appeals, compensation, debts, insurance, news, Supreme Court, trustees in bankruptcy by sally

‘This appeal considered the construction of the expression ‘final distribution’ in a voluntary trust deed for creditors, and whether this includes a distribution made when the creditors receive less than 100 pence in the pound and there remain (following that distribution) assets vested in the trustee, albeit the trustee is unaware of their existence.’

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UKSC Blog, 31st October 2018

Source: ukscblog.com

You ain’t the boss of me (yet) – Nearly Legal

‘When a section 21 notice is served, does the party serving it (or on whose behalf it is served) have to be the tenant’s landlord at that time?’

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Nearly Legal, 31st October 2018

Source: nearlylegal.co.uk

Robot judges less likely than AI-assisted judges, QC predicts – Legal Futures

‘Artificial intelligence (AI) is likely to be used to lower the cost and increase the speed of judicial decisions, a QC specialising in IT and algorithms has predicted.’

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Legal Futures, 30th October 2018

Source: www.legalfutures.co.uk

Supreme Court to hear dispute over service of completion notice in rates case – Local Government Lawyer

Posted October 30th, 2018 in appeals, documents, local government, news, rates, service, Supreme Court by sally

‘The Supreme Court will next week hear a key case on the service of a completion notice by a billing authority.’

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Local Government Lawyer, 29th October 2018

Source: www.localgovernmentlawyer.co.uk

Why the judges got it wrong in granting Philip Green an injunction – The Guardian

‘The court of appeal failed to see the case from the point of view of victims of sexual harassment.’

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The Guardian, 27th October 2018

Source: www.theguardian.com