‘A terminally ill man has won the right to continue battling for the right to a “peaceful and dignified death” in Britain’s courts.’
The Independent, 18th January 2018
Source: www.independent.co.uk
‘Roger Evans, barrister at Harcourt Chambers, says that Lewis v Warner is an interesting demonstration of the courts exercising their jurisdictional powers in the transfer of property under the Inheritance (Provision for Family and Dependants) Act 1975.’
Family Law, 17th January 2018
Source: www.familylaw.co.uk
‘Joshua Ingram has been sent to a young offenders’ institute after Solicitor General Robert Buckland QC MP referred his sentence as unduly lenient.’
Attorney General’s Office, 17th January 2018
Source: www.gov.uk/ago
‘The High Court has admitted up to 17 people in England and Wales were unlawfully sent to jail for not paying their council tax last year – but it refused to accept this constituted “systematic failings” by the courts.’
The Independent, 17th January 2018
Source: www.independent.co.uk
‘A man who served eight months in a youth jail for stealing mailbags in the 1970s has had his name cleared.’
BBC News, 17th January 2018
Source: www.bbc.co.uk
‘The Court of Appeal has rejected a legal challenge to the Secretary of State for Communities and Local Government’s decision to grant planning permission for exploration works to test the feasibility of “fracking” at two sites in Lancashire.’
Local Government Lawyer, 15th January 2018
Source: www.localgovernmentlawyer.co.uk
‘The Court of Appeal has rejected a legal challenge to the Secretary of State for Communities and Local Government’s decision to grant planning permission for exploration works to test the feasibility of “fracking” at two sites in Lancashire.’
Local Government Lawyer, 15th January 2018
Source: localgovernmentlawyer.co.uk
‘Family analysis: How should the court manage the impact of discriminatory behaviour on a child when evaluating welfare? Lyndsey Sambrooks-Wright, a barrister at 2 Dr Johnson’s Buildings, discusses the Court of Appeal’s decision in Re M (Children).’
Family Law, 12th January 2018
Source: www.familylaw.co.uk
‘One of Britain’s richest men, the Duke of Westminster, could see the value of his estates plummet this week if a landmark legal challenge is successful. The case could also benefit 2m households across England and Wales.’
The Guardian, 14th January 2018
Source: www.theguardian.com
‘Five British judges will this week consider whether a prisoner who may be mentally ill should remain on death row after a Caribbean court convicted him of murdering another inmate.’
The Guardian, 15th January 2018
Source: www.theguardian.com
‘For the purposes of Section 20B(1) of the Landlord and Tenant Act 1985 (“the 1985 Act”) a relevant cost is incurred by an intermediate landlord when that intermediate landlord receives a demand from its own landlord in respect of services provided by it or a superior landlord. A residential tenant’s 18-month limitation period begins to run only when his or her immediate landlord receives a demand incurring the cost, not when the superior landlord providing the service originally incurs its own cost.’
Tanfield Chambers, 8th January 2018
Source: www.tanfieldchambers.co.uk
‘In this important recent judgment, the Court of Appeal unanimously held that judges are not “workers” within the meaning of section 230(3) of the Employment Rights Act 1996, and therefore are not entitled to protection from whistleblowing under the provisions of that Act. The Court of Appeal also held that the absence of a remedy for whistleblowing under the 1996 Act did not amount to a breach of a judge’s rights under Article 10 or Article 14 ECHR.’
Old Square Chambers, 3rd January 2018
Source: www.oldsquare.co.uk
‘On 19th December 2017, the Court of Appeal handed down judgment in the case of Lynn Lewis v Thomas Warner [2017] EWCA 2182 (Civ). The case involved “unusual” and “exceptional” circumstances and was the first time that an application by a cohabitee under the amended s1(1)(ba) and 1(1A) of the Inheritance (Provision for Family and Dependents) Act 1975 (‘the Act’) had reached the Court of Appeal.’
Hardwicke Chambers, 5th January 2018
Source: www.hardwicke.co.uk
‘The legal institution whereby couples express their mutual commitment, which is recognised, protected and regulated by the state – marriage – touches the most intimate parts of people’s lives. Its recent transformation raised profound questions of personal morality, human dignity, and religious doctrine. As the tide of public opinion turned, Parliament repealed section 28 of the Local Government Act 1988 (which had prohibited the “promot[ion] of homosexuality” and the “teaching in any maintained school the acceptability of homosexuality”) in 2003, passed the Civil Partnerships Act the following year, and enacted the Marriage (Same Sex Couples) Act in 2013. The result is that same-sex couples can currently choose between entering a civil partnership or marriage, whereas different-sex couples cannot.’
UK Constitutional Law Association, 9th January 2018
Source: ukconstitutionallaw.org
‘The Court of Appeal has rejected an application by a son of the late King Fahd of Saudi Arabia that one of his father’s former wives pay an outstanding £250,000 costs order or have her £15m claim stayed or struck out.’
Litigation Futures, 9th January 2018
Source: www.litigationfutures.com
‘What, if any, duty is owed by a local authority to children to protect them from abuse and harassment by neighbours? This court of appeal decision suggests none in negligence.’
Nearly Legal, 7th January 2018
Source: nearlylegal.co.uk
‘Statutory interest paid by a company in administration on a surplus is ‘yearly interest’ for UK tax purposes and must therefore be paid after deduction of basic rate tax, the Court of Appeal has decided, overturning a previous decision of the High Court.’
OUT-LAW.com, 5th January 2018
Source: www.out-law.com
‘This was an appeal by the National Guild of Removers & Storers (“NGRS”) against an award of £1,275 damages in its favour by District Judge Vary for passing off. By dismissing that appeal, His Honour Judge Hacon seems to have settled a 7 year controversy as to what should be the correct measure of damages for what is often an inadvertent misrepresentation of continued membership of the NGRS by a removal or storage business that no longer wishes to remain a member of that guild.’
NIPC Law, 7th January 2018
Source: nipclaw.blogspot.co.uk
‘Family analysis: Did the court, in deciding on financial provision, have jurisdiction to make a global maintenance order? Liz Cowell, partner at McAlister Family Law, looks at the issues of ‘global’ and ‘Segal’ orders in the recent case of AB v CD [2017] EWHC 3164 (Fam), [2017] All ER (D) 50 (Dec).’
Family Law, 5th January 2018
Source: www.familylaw.co.uk
‘The costs incurred by Mastercard in defending an attempt to bring one of the largest class actions ever appear “wholly unreasonable and disproportionate”, the Competition Appeal Tribunal (CAT) has found.’
Litigation Futures, 2nd January 2018
Source: www.litigationfutures.com
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