‘The Court of Appeal is to decide on whether a party who beats a part 36 offer in a case where fixed fees apply is eligible for indemnity costs as well.’
Litigation Futures, 18th January 2016
Source: www.litigationfutures.com
‘A costs judge has rejected an attempt by a newspaper group to avoid legal costs because an order infringed its right to freedom of expression.’
Law Society’s Gazette, 14th January 2016
Source: www.lawgazette.co.uk
Regina v R and others [2015] EWCA Crim 1941; [2015] WLR (D) 552
‘The Court of Appeal (Criminal Division) gave guidance on the proper approach to disclosure of unused material in criminal proceedings where large quantities of documents, in particular electronic documents, were involved, and also on the approach to an abuse of process application where proceedings were delayed because of the disclosure exercise.’
WLR Daily, 21st December 2015
Source: www.iclr.co.uk
‘A conviction for an offence contrary to section 170B(1) of the Customs and Excise Management Act 1979 was not required in order for goods to be liable to forfeiture under section 170B(2).”
WLR Daily, 16th December 2015
Source: www.iclr.co.uk
‘In BNY Mellon Corporate Trustee Services Ltd v LBG Capital No.1 and No. 2 Plc, the Court of Appeal reversed the first instance decision of the High Court, by allowing early redemption of certain convertible securities (known as Enhanced Capital Notes, or ECNs).’
Commercial Disputes Blog, 4th January 2016
Source: www.rpc.co.uk
‘Andy Creer looks at the decision in Jewelcraft Ltd v Pressland [2015] EWCA Civ 1111.’
Hardwicke Chambers, 8th January 2016
Source: www.hardwicke.co.uk
‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during December 2015.’
Family Law Week, 8th January 2016
Source: www.familylawweek.co.uk
‘An argument over an extension plan next door to the French embassy in London has gone global as an unlikely alliance of diplomats has formed, citing the 1961 Vienna Convention, in a bid to kill it off.’
Daily Telegraph, 9th January 2016
Source: www.telegraph.co.uk
‘The Metropolitan Police is examining whether its staff need to change the way they engage with members of the two ethnic minority groups, despite its official investigation into the racism claims concluding without any officers being formally disciplined or charged.’
The Independent, 9th January 2016
Source: www.independent.co.uk
‘A taxi driver in Kent has been ordered to pay more than £9,000 in costs after losing an appeal against a council’s decision to suspend his licence.’
Local Government Lawyer, 6th January 2016
Source: www.localgovernmentlawyer.co.uk
‘Two recent Court of Appeal cases, heard together, have considered the legality of the immigration detention of those who are, or possibly are, minors. Such cases involve local authority age assessments, which are to be carried out according to the guidance set out in Merton [2003] EWHC 1689 (Admin).’
UK Human Rights Blog, 6th January 2016
Source: www.ukhumanrightsblog.com
Cook v Virgin Media Ltd; McNeil v Tesco plc [2015] EWCA Civ 1287; [2015] WLR (D) 538
‘The English court had power to apply the doctrine of forum non conveniens in a purely domestic context, exercising the court’s wide general case management powers in CPR rr 3.1(2)(m) and 3.3, and therefore could strike out or stay proceedings brought in England where Scotland was the natural and more appropriate forum.’
WLR Daily, 14th December 2015
Source: www.iclr.co.uk
Government of the United States of America v Giese [2015] EWHC 3658 (Admin); [2015] WLR (D) 550
‘An issue raised on appeal “that was not raised at the extradition hearing” referred to a new issue that was raised in argument on appeal as a ground for allowing the appeal and which was not the subject of concluded argument below for the purposes of meeting the condition for allowing an appeal set out in section 106(5)(a) of the Extradition Act 2003.’
WLR Daily, 21st December 2015
Source: www.iclr.co.uk
‘In Secretary of State for the Home Department v Straszewski [2015] EWCA Civ 1245 (03 December 2015) Moore-Bick LJ, giving the leading judgment, finds that public revulsion is not generally relevant to decisions to deport under EU law.’
Free Movement, 6th January 2016
Source: www.freemovement.org.uk
‘More lawyers are to be recruited to a scheme that reviews “unduly lenient” sentences after a sharp rise in the number of complaints about judges’ decisions on jail terms.’
The Guardian, 6th January 2016
Source: www.guardian.co.uk
‘Courts must consider “all the circumstances” before deciding whether it would be unjust to impose costs penalties on claimants who fail to beat offers made under part 36, appeal judges have ruled.’
Litigation Futures, 5th January 2015
Source: www.litigationfutures.com
‘Mirror Group Newspapers has lost its appeal over damages paid to eight victims of phone hacking.’
BBC News, 17th December 2015
Source: www.bbc.co.uk
‘A Chinese dissident and MI6 informant convicted of murder after a secret trial has been prevented from taking his case to the European court of human rights.’
The Guardian, 16th December 2015
Source: www.guardian.co.uk
‘The wife of a Royal Marine given a life sentence for murdering a Taliban captive has said she is cautiously optimistic new evidence will see his case sent back to the Appeal Court.’
Daily Telegraph, 16th December 2015
Source: www.telegraph.co.uk
‘Solicitors who miss deadlines because they are waiting for a Legal Aid Agency funding decision can no longer rely on this alone as grounds to apply for an extension of time, the Court of Appeal has ruled.’
Litigation Futures, 15th December 2015
Source: www.litigationfutures.com
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