‘The Supreme Court has now ruled on the tricky “no loss” arguments raised in this accountant’s negligence claim, reversing the decision of the lower courts. Nicola Rushton of Hailsham’s professional negligence team considers the implications.’
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Hailsham Chambers, 13th April 2017
Source: www.hailshamchambers.com
‘Anna Beale considers the most recent guidance from the EAT on the vexed question of whether workers should receive the minimum wage for “sleep in” shifts.’
Cloisters, 27th April 2017
Source: www.cloisters.com
‘The Upper Tribunal has held that an estimated service charge that had not been demanded in accordance with a lease would not have been payable but for the lessee taking out a loan from the lessor to pay it and thereby waiving strict compliance with the terms of the lease; s.7, Interpretation Act 1978 does not apply to notices served under the Landlord and Tenant Act 1985 unless a lease provides that s.196 Law of Property Act 1925 is to apply to the service of notices’
Arden Chambers, 20th April 2017
Source: www.ardenchambers.com
‘It is trite that a court will carefully scrutinise the parties’ behaviour when assessing costs in civil disputes. There is now a rich body of case law which provides judicial guidance on the courts’ general approach in assessing unreasonable behaviour when considering whether to make adverse costs orders. Further judicial guidance on assessing unreasonable behaviour has recently been given by the Court of Appeal in Dammermann v Lanyon Bowdler LLP [2017] EWCA Civ 269. In that case the court provided important guidance on the ‘unreasonable behaviour’ test for ordering costs in the small claims court.’
Law Society’s Gazette, 15th May 2017
Source: www.lawgazette.co.uk
‘Pictures alone cannot define how colour trade marks should be applied, the Court of Appeal in London has ruled.’
OUT-LAW.com, 12th May 2017
Source: www.out-law.com
‘The judgment in OO (Nigeria), R (on the application of) v Secretary of State for the Home Department [2017] EWCA Civ 338 is one of a series of cases challenging the lawfulness of the certification regime under s.94B Nationality Immigration Asylum Act 2002 (as amended). The issue has been considered several times on Free Movement, and judgment is still awaited on the lead test case of Kiarie and Byndloss v SSHD [2015] EWCA Civ 1020, heard by the Supreme Court in March.’
Free Movement, 15th May 2017
Source: www.freemovement.org.uk
‘In the decision today is FB -v- Princess Alexandra Hospital NHS Trust [2017] EWCA Civ 334 the Court of Appeal made important observations about the duty of care owed by junior doctors.’
Zenith PI Blog, 12th May 2017
Source: www.zenithpi.wordpress.com
‘Thurrock Council did not have power to bring prosecution proceedings on behalf of the Legal Aid Agency in relation to an alleged legal aid fraud, the Court of Appeal has ruled.’
Local Government Lawyer, 9th May 2017
Source: www.localgovernmentlawyer.co.uk
‘The Supreme Court has upheld a reviewing officer’s decision that it was reasonable for a refugee to accept an offer of accommodation which she claimed reminded her of prison in Iran.’
Local Government Lawyer, 10th May 2017
Source: www.localgovernmentlawyer.co.uk
‘The Supreme Court has dismissed appeals by two local authorities in a case that centres on the wording of the government’s 2012 National Planning Policy Framework (NPPF).’
Law Society’s Gazette, 11th May 2017
Source: www.lawgazette.co.uk
‘Godfrey Morgan Solicitors (A Firm) v Michael Arms [2017] EWCA Civ 323. The Appellant firm of solicitors appealed against the decision of a first instance appeal which determined that it had been properly added as a Defendant to a claim for professional negligence despite the prior expiry of the relevant limitation period.’
Zenith PI, 8th May 2017
Source: www.zenithpi.wordpress.com
‘Mr Darnley, the Claimant, was assaulted. He received a head injury. His friend drove him to a nearby A & E department. The hospital in question operated a commonly used system; a “civilian” (i.e., non-clinically qualified) receptionist would take the patient’s basic details. The patient would then be assessed within 30 minutes by a triage nurse, who would decide on the best course of action. Urgent cases would be prioritised.’
Zenith PI, 9th May 2017
Source: www.zenithpi.wordpress.com
‘The Supreme Court will this week hand down a key ruling on whether Article 6 of the European Convention on Human Rights, the right to a fair hearing, applies to decisions on entitlement under Part V of the Housing Act 1996.’
Local Government Lawyer, 8th May 2017
Source: www.localgovernmentlawyer.co.uk
‘An insurer has failed to convince a judge that a medical expert who agreed to cover its costs in a whiplash case should be ordered to pay on the indemnity basis.’
Litigation Futures, 9th May 2017
Source: www.litigationfutures.com
‘R (o.t.a P & others) v. Secretary of State for Home Department & others [2017] EWCA Civ 321, Court of Appeal, 3 May 2017.
The Court of Appeal has upheld challenges to the system of the police retaining information about past misconduct. It held that the system, even after a re-boot in 2013 in response to an earlier successful challenge, remains non-compliant with Article 8.’
UK Human Rights Blog, 4th May 2017
Source: www.ukhumanrightsblog.com
‘A teenage couple detained for life for the killings of a mother and her daughter have challenged their “manifestly excessive” minimum terms.’
The Guardian, 4th May 2017
Source: www.guardian.co.uk
‘The Government has confirmed that it will not appeal last week’s High Court judgment which ordered it to produce its air quality plans by 9 May, it has been reported.’
Local Government Lawyer, 3rd May 2017
Source: www.localgovernmentlawyer.co.uk
‘The Court of Appeal has overturned a ruling that Raleys – the controversial but now defunct Barnsley law firm – should not have to compensate a miner who argued that its admitted negligence had caused him to settle a claim at an undervalue.’
Legal Futures, 2nd May 2016
Source: www.legalfutures.co.uk
‘The parents of a baby with a rare genetic condition have launched an appeal after a judge said it was in their son’s “best interests” for life support to be withdrawn.’
The Independent, 2nd May 2017
Source: www.independent.co.uk
‘The Supreme Court will hear the dispute over the planned introduction of alcohol minimum pricing in Scotland in July, it has been confirmed.’
Local Government Lawyer, 2nd May 2017
Source: www.localgovernmentlawyer.co.uk
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