‘Despite heightened focus on fitness for purpose clauses following the Court of Appeal’s recent decision in MT Hojgaard A/S v E.ON Climate and Renewables UK Robin Rigg East Ltd [2015] EWCA Civ 407 (“Robin Rigg”), such clauses are not new and have been used in construction contracts for a number of years.’
Hardwicke Chambers, 11th August 2015
Source: www.hardwicke.co.uk
‘It had been 10 years since a secondary victim claim had reached the Court of Appeal when the important Taylor v A.Novo(UK) Ltd. [2014] QB 150 case was decided, in March 2013. By contrast, the last six months have seen a series of key decisions illustrating the approach first-instance Courts will take in the light of Taylor, namely Wild v Southend NHS; Brock v Northampton NHS; Berisha v Stone Superstore; Shorter v Surrey & Sussex NHS and culminating in another landmark Appeal decision in Liverpool Women’s Hospital NHS Foundation Trust v Ronayne [2015] EWCA Civ 588.’
Full story
Hardwicke Chambers, 29th August 2015
Source: www.hardwicke.co.uk
‘The family visit visa system underwent an inspection by the Independent Chief Inspector of Borders and Immigration last month. The posts inspected were Abu Dhabi, Accra, Amman, Dhaka, Kingston, Manila, Nairobi, New Delhi, Croydon and Sheffield. The Inspector confidently declares that there is “no evidence that the removal of the full right of appeal from Family Visitor visa applicants had led to a higher refusal rate or to an overall reduction in decision quality.”’
Free Movement, 24th August 2015
Source: www.freemovement.org.uk
‘Lawyers have launched a series of last-minute challenges to the proposed deportation of failed asylum seekers on a charter flight to Afghanistan.’
The Guardian, 24th August 2015
Source: www.guardian.co.uk
‘When a legal challenge to one of the coalition Government’s flagship welfare reforms – an overall cap of £26,000 per year on the amount any family could receive in benefits – was reviewed by the Supreme Court earlier this year, the resulting judgment left many observers scratching their heads. Had the Court declared the cap unlawful or not? The answer seemed to be a mixture of yes and no.’
UK Human Rights Blog, 24th August 2015
Source: www.ukhumanrightsblog.com
‘Notwithstanding that concerns might be expressed in many parts of Europe about the law and practice in England and Wales in relation to non-consensual adoption where care proceedings involving foreign nationals were in contemplation, domestic law was not incompatible with the United Kingdom’s international obligations or, specifically, its obligations under the Convention for the Protection of Human Rights and Fundamental Freedoms.’
WLR Daily, 6th August 2015
Source: www.iclr.co.uk
‘The queue of tax disputes awaiting litigation through the UK’s tax tribunals set a new record last year, with almost 30,000 cases waiting to be heard at the end of last year, according to official figures.’
OUT-LAW.com, 19th August 2015
Source: www.out-law.com
‘Six people caught in sting operations by the former News of the World investigations editor, Mazher Mahmood, are seeking leave to appeal against convictions resulting from stories about them in the newspaper.’
The Guardian, 17th August 2015
Source: www.guardian.co.uk
‘Taking a child away from a parent is one of the most profound and far-reaching powers a court can exercise. Can it ever be in the best interests of a child to lose not only a parent but also a nationality and family heritage? These questions are prompted by the decision of the court of appeal last week that a Latvian girl, known only as CB, should be brought up by adoptive parents in the UK.’
The Guardian, 14th August 2015
Source: www.guardian.co.uk
‘A Latvian girl should be adopted in the UK, despite objections from her mother and the Latvian authorities, the Court of Appeal has ruled.’
BBC News, 13th August 2015
Source: www.bbc.co.uk
‘Alex Verdan QC, of 4 Paper Buildings, reviews recent important judgments in private law children cases.’
Full story
Family Law Week, 29th July 2015
Source: www.familylawweek.co.uk
‘Thousands of migrants are camped around Calais in northern France. Many will risk their lives smuggling themselves across the Channel into the UK. What happens to those that get through?’
Full story
BBC News, 13th August 2015
Source: www.bbc.co.uk
Wandsworth London Borough Council v Tompkins and another [2015] EWCA Civ 846; [2015] WLR (D) 357
‘Where a local housing authority provided accommodation under a tenancy pursuant to its duty under Part VII (Homelessness) of the Housing Act 1996, the requirement in paragraph 4 of Schedule 1 to the Housing Act 1985 which had to be satisfied in order for the tenancy to qualify as a secure tenancy (that the housing authority had to give notification that the tenancy “is to be regarded” as a secure tenancy), meant that the notification had to state that the tenancy was regarded as a secure tenancy at the date of grant and not at some unspecified date in the future.’
WLR Daily, 31st August 2015
Source: www.iclr.co.uk
Woolway (Valuation Officer) v Mazars LLP [2015] UKSC 53; [2015] WLR (D) 353
‘Where a business’s offices were on two separate floors of an office block, the communication between the two being solely by way of the block’s communal lift, those two floors comprised two separate hereditaments for the purposes of non-domestic rating.’
WLR Daily, 29th July 2015
Source: www.iclr.co.uk
Arcadia Group Brands Ltd and others v Visa Inc and others [2015] EWCA Civ 883; [2015] WLR (D) 359
‘Competition cases were not to be treated differently to other claims for the purposes of the application of the “statement of claim” test in the context of section 32(1)(b) of the Limitation Act 1980, which provided for the postponement of the limitation period in the case of concealment of any fact relevant to the plaintiff’s right of action.’
WLR Daily, 5th August 2015
Source: www.iclr.co.uk
‘Legal professional privilege can be qualified in the “rare circumstances” where it is necessary to impose a requirement that other people are present at discussions between lawyers and clients, the Court of Appeal has ruled.’
Legal Futures, 10th August 2015
Source: www.legalfutures.co.uk
If a head leaseholder, or managing company passes on as a service charge, rent charged by a freeholder for property in order to provide services, does this amount to a variable service charge for the purposes of s.18 Landlord and Tenant Act 1985, and so only payable if the rent costs were reasonably incurred and if the services or works to which they relate were of a reasonable standard?
Nearly Legal, 9th August 2015
Source: www.nearlylegal.co.uk
‘The UK government has been forced to withdraw the exemption from affordable housing contributions and the vacant building credit (VBC) for small housing developments in England after the High Court ruled it was unlawful.’
OUT-LAW.com, 7th August 2015
Source: www.out-law.com
‘The Court of Appeal has held that UK armed forces breached both Afghan law and Article 5 of the ECHR by detaining a suspected Taliban commander for longer than the 96 hours permitted by ISAF policy.’
UK Human Rights Blog, 5th August 2015
Source: www.ukhumanrightsblog.com
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