‘In this alerter Hannah Curtain & George Mallet consider the Supreme Court’s decision in McDonald (by her litigation friend) v McDonald and Ors [2016] UKSC 28.’
Henderson Chambers, June 2016
Source: www.hendersonchambers.co.uk
’17 years ago, the highest court in the UK declared that a policy prohibiting journalists from interviewing prisoners to uncover potential miscarriages of justice violated the right to free expression.’
RightsInfo, 8th July 2016
Source: www.rightsinfo.org
‘In Wood v Waddington [2015] EWCA Civ 538, at first instance, Morgan J. found the Claimants had not established they had rights of way over the Defendant’s land. Lewison L.J. (with whom Richards and McCombe L.J.J. agreed) thought otherwise. The case raises some nice points in respect of easements.’
Hardwicke Chambers, 7th July 2016
Source: www.hardwicke.co.uk
‘The case of Dos Santos Medes v Hochtief (UK) Constructions Ltd dealt with the issue of fixed recoverable costs (FRC) under the Civil Procedures Rules (CPR) in a claim brought under the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (RTA Protocol). Jasmine Murphy examines the case and its potential implications.’
Hardwicke Chambers, 15th June 2016
Source: www.hardwicke.co.uk
‘Andy Creer considers the recent decision of Laditi and another v Marlbray Ltd [2016] EWCA Civ 476 in which Brie Stevens-Hoare QC and Lina Mattsson acted for the Claimants/Respondents.’
Hardwicke Chambers, 13th June 2016
Source: www.hardwicke.co.uk
‘The Supreme Court has held that less favourable treatment on the grounds of or because of immigration status is not discrimination because of nationality in Taiwo v Olaigbe and another [2016] UKSC 31.’
Littleton Chambers, 23rd June 2016
Source: www.littletonchambers.com
‘Ashley Cukier considers the decision in McTear and another v Engelhard and others [2016] EWCA Civ 487, the successful appeal of a first instance judgment handed down after Mitchell but before Denton.’
Littleton Chambers, 9th July 2016
Source: www.littletonchambers.com
‘This paper address recent developments where the courts have considered the fundamental concepts of discrimination law and, the case law has both expanded the frontiers of discrimination whilst at the same time created some difficult hurdles for Claimants. The issues can best be considered by way of a factual example, which is set out below, and which will be considered at each stage of the paper.’
Littleton Chambers, 7th June 2016
Source: www.littletonchambers.com
‘Caroline Wood considers the recent Court of Appeal decision concerning the liability of the MIB where an insurer has become insolvent.’
Park Square Barristers, 3rd June 2016
Source: www.parksquarebarristers.co.uk
‘In K v K (Financial Remedy Final Order prior to Decree Nisi) 2016 EWFC 23, Cobb J remitted a case for rehearing on the basis that the trial judge had made an order prior to the grant of decree nisi of divorce. The case provides a salutary warning for lawyers about the limits of the Family Court’s powers to correct what was an innocent and – at first glance – merely procedural mistake.’
Tanfield Chambers, 22nd June 2016
Source: www.tanfieldchambers.co.uk
‘This article summarises a recent appeal against findings of fact made in the family court. It’s an interesting case as it serves to remind practitioners of the factors that should be taken into account in considering the investigation procedure when the court is dealing with uncorroborated children’s allegations. Will Tyler QC, a member of Park Square Barristers, acted for the appellant.’
Park Square Barristers, 21st June 2016
Source: www.parksquarebarristers.co.uk
‘In Randall v Randall [2016] EWCA Civ 494, the Court of Appeal considered whether a creditor of a beneficiary of an estate had sufficient standing to bring a probate claim to challenge the validity of a purported will of the testatrix.’
Tanfield Chambers, 22nd June 2016
Source: www.tanfieldchambers.co.uk
‘A lender was entitled to recover the full amount of a refinancing loan it granted after relying on a negligent property valuation, and not just the ‘top-up’ funding, the Court of Appeal has ruled.’
OUT-LAW.com, 6th July 2016
Source: www.out-law.com
‘The Supreme Court will next week give its reasons as to why it concluded that the Ministry of Justice’s introduction of a residence test for civil legal aid via secondary legislation was unlawful.’
Local Government Lawyer, 7th July 2016
Source: www.localgovernmentlawyer.co.uk
‘The Senior Costs Judge fell into the trap of considering an individual after-the-event (ATE) insurance premium rather than the basket of risk when he slashed a premium by 60% because he considered it unreasonably high, a senior circuit judge has ruled.’
Litigation Futures, 6th July 2016
Source: www.litigationfutures.com
‘In R (on the application of Bancoult (No 2)) v Secretary of State for Foreign and Commonwealth Affairs [2016] UKSC 35, the Supreme Court last week dismissed the attempt to set aside the House of Lord’s controversial 2008 decision in R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2) [2008] UKHL 61. The challenge was grounded in the disclosure of documents in the parallel proceedings of Bancoult No 3 relating to the reliability of a feasibility study into the long term viability of settlement in Chagos Islands.’
UK Human Rights Blog, 6th July 2016
Source: www.ukhumanrightsblog.com
‘Is Commercial Arbitration the Future of Commercial Justice?’
Courts and Tribunals Judiciary, 5th July 2016
Source: www.judiciary.gov.uk
‘Ofcom has been accused of making “ridiculous” policy decisions that will cement BT’s position in the broadband market as a “single, unassailable wholesale infrastructure provider” in a High Court challenge by alternative network builder CityFibre.’
Daily Telegraph, 5th July 2016
Source: www.telegraph.co.uk
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