‘The Court of Appeal has granted a privacy injunction (its first since 2011) to prevent the Sun on Sunday revealing details of a well-known entertainer’s extramarital threesome (PJS v News Group Newspapers Ltd [2016] EWCA Civ 100).’
RPC Data and Privacy Law, 23rd March 2016
Source: www.rpc.co.uk
‘The Court of Appeal has overturned a circuit judge’s decision to make a costs order against a successful claimant who failed to accept an offer he should have done, because the judge had failed to take account of the defendant’s conduct as well.’
Litigation Futures, 23rd March 2016
Source: www.litigationfutures.com
‘The Department for Work and Pensions has spent over £100,000 on lawyers fighting a court battle to save its controversial “bedroom tax” policy.’
The Independent, 28th March 2016
Source: www.independent.co.uk
‘Alex Verdan QC of 4 Paper Buildings reviews recent important judgments in private law children cases.’
Family Law Week, 23rd March 2016
Source: www.familylawweek.co.uk
‘Mirror Group Newspapers (MGN) has failed in its bid to overturn a landmark ruling in which it was ordered to pay approximately £1.2 million in damages for infringing the privacy of eight individuals through phone hacking.’
OUT-LAW.com, 23rd March 2016
Source: www.out-law.com
‘The Court of Appeal will not give its decision on an appeal by footballer Ched Evans against his conviction for rape until April, judges have said.’
BBC News, 23rd March 2016
Source: www.bbc.co.uk
‘Phillip Hammond, the foreign secretary, has taken the highly unusual step of criticising a high court judge’s decision to strip diplomatic immunity from a Saudi billionaire facing divorce proceedings from his estranged wife.’
The Guardian, 22nd March 2016
Source: www.guardian.co.uk
‘In Knauer (Widower and Administrator of the Estate of Sally Ann Knaur) v Ministry of Justice [2016] UKSC 9, the Supreme Court has held that the correct date as at which to assess the multiplier when fixing damages for future loss in claims under the Fatal Accidents Act 1976 should be the date of trial and not the date of death. In doing so it refused to follow two decisions of the House of Lords (Cookson v Knowles [1979] AC 556 and Graham v Dodds [1983] 1 WLR 808) pursuant to which the relevant date had been the date of death.’
Henderson Chambers, February 2016
Source: www.hendersonchambers.co.uk
‘On 25 January 2016 the Judicial Committee of the Privy Council handed down judgment in the case of Williams v The Bermuda Hospitals Board [2016] UKPC 4, the most recent reported decision regarding material contribution in clinical negligence cases. While not binding in domestic courts the case is highly persuasive authority.’
Hardwicke Chambers, 8th March 2016
Source: www.hardwicke.co.uk
‘A planning inspector has removed the affordable homes obligations from an agreement between a developer and an Oxfordshire council after finding that they rendered the proposed development economically unviable.’
Full story
OUT-LAW.com, 16th March 2016
Source: www.out-law.com
‘The Court of Appeal has upheld a challenge brought by traders against a High Court ruling that the decision by former Communities Secretary Eric Pickles to confirm a compulsory purchase order for Shepherd’s Bush Market was lawful.’
Local Government Lawyer, 21st March 2016
Source: www.localgovernmentlawyer.co.uk
‘In the judgment of the EAT in Day-v-Health Education England & Ors [2016] UKEAT/0250/15/RN it has been held that doctors in training do not possess the requisite relationship to allow them to bring a whistleblowing claim against Health Education England (their training organiser)’
Littleton Chambers, 9th March 2016
Source: www.littletonchambers.com
‘A law firm that admitted negligence has fought off a £100,000 claim after the court decided no harm was caused by its mistake.’
Law Society’s Gazette, 21st March 2016
Source: www.lawgazette.co.uk
‘In January, there was yet another twist in the plot of the ever-developing law regarding delayed flights. This time it came from Her Honour Judge Melissa Clarke, sitting at Luton County Court, in the matter of Evans v Monarch Airlines.’
No. 5 Chambers, 16th March 2016
Source: www.no5.com
‘Is an employer vicariously liable for the errant conduct of an employee who attacks a customer? Yes, according to the Supreme Court in unanimously giving judgment for the appellant in the case of Mr A M Mohamud (in substitution for Mr A Mohamud (deceased) v WM Morrison Supermarkets plc [2016] UKSC 11, handed down today.’
Park Square Barristers, 2nd March 2016
Source: www.parksquarebarristers.co.uk
‘This Claim concerns an alleged road traffic accident on 17th March 2013 when UKI’s insured, Mr Miller, is alleged to have negligently driven into Mr Gentry causing him personal injuries and losses. UKI received no co-operation from Mr Miller, but in February 2014 discovered that he knows Mr Gentry. This then formed the basis of an allegation of a fraudulent collusion and the desire for UKI to put and argue this allegation of fraud at Trial.’
Park Square Barristers, 14th March 2016
Source: www.parksquarebarristers.co.uk
‘The Court of Appeal recently decided a discreet argument regarding periodical payments orders in the case of Aburn v Aburn [2016] EWCA Civ 72. So, what are the implications for automatic variations in periodical payments? Practitioners and Judges alike will be familiar with the concept of stepped periodical payments. However, the commonplace order will be for periodical payments to be stepped downwards based upon either particular trigger events (such as children reaching their majority, a payment of a lump sum order) or after a specific period of time during which it is judged that the recipient of the periodical payments can, or ought to, have taken steps to increase their earning capacity. Given the commonplace nature of these orders, it is perhaps understandable that a deputy district judge (DDJ) presiding over the final hearing of the financial remedies application of Mrs Aburn (and then a Circuit Judge hearing the appeal thereafter) thought perhaps an order “stepping up” periodical payments upon a particular trigger event was a clever solution, thereby falling into what we now know was an error of law and an impermissible exercise of his judicial discretion. ‘
Tanfield Chambers, 1st March 2016
Source: www.tanfieldchambers.co.uk
‘Footballer’s case referred to Court of Appeal in London by Criminal Cases Review Commission, which investigates possible miscarriages of justice.’
Daily Telegraph, 22nd March 2016
Source: www.telegraph.co.uk
‘A High Court judge has ruled that the claims of two boys against a council for negligence in failing to protect them from harassment from neighbours on the estate where they lived were wrongly struck out.’
Local Government Lawyer, 18th March 2016
Source: www.localgovernmentlawyer.co.uk
‘Neighbour nuisance. These are often difficult and indeed expensive cases. And always there are those affected who believe that a landlord is liable for their tenant’s nuisance (which they just aren’t, save for the extremely rare case in which the landlord has participated in or, by letting the property authorised their tenant’s nuisance – Lawrence v. Fen Tigers Ltd (No. 2) [2014] UKSC 46, [2015] AC 106,).’
Nearly Legal, 20th March 2016
Source: www.nearlylegal.co.uk
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