‘The judgment of Mr Justice Hickinbottom in Clarke v McDaniel & Co (15 October 2014, unreported) provided a salutary reminder to litigation solicitors of the need to ensure that in their initial discussion with a potential client they advise and explore with the client other sources of funding litigation.’
Hardwicke Chambers, 17th November 2014
Source: www.hardwicke.co.uk
‘The recent High Court judgment Titan Europe 2006-3 Plc v Colliers International UK Plc [2014] EWHC 3106 (Comm) regarding commercial mortgage-backed securities (CMBS) reflects judicial dislike of legal lacunas that let professionals perform sub-standard services without the risk of paying out damages in negligence. It is a ruling of significance to the finance industry that could give some individuals who lost out when the recession revealed that their investments were worth less than they had been told a way of recovering their money. ‘
Hardwicke Chambers, 20th November 2014
Source: www.hardwicke.co.uk
‘In Chweidan v Mischon de Reya Solicitors [2014] EWHC 2685 (QB) Mrs Justice Simler considered the principles to be applied when assessing claims for loss of a chance and provided a helpful overview of a number of the leading authorities.’
Hardwicke Chambers, 17th November 2014
Source: www.hardwicke.co.uk
‘The Supreme Court recently gave judgment in the case of AIB Group (UK) Plc v Mark Redler & Co Solicitors [2014] UKSC 58. The decision provides an important treatment of equitable compensation within the wider scheme of remedial rules.’
Littleton Chambers, 26th November 2014
Source: www.littletonchambers.com
‘The Supreme Court yesterday emphasised the importance of compliance with court orders as it dismissed an appeal by a Saudi prince who failed to personally sign a witness statement in breach of an unless order.’
Litigation Futures, 27th November 2014
Source: www.litigationfutures.com
‘It is not unknown for losing parties in a case to not be happy, indeed very upset. There are two basic options. To shut up and put up with it, or appeal. Rather unusually, faced with one of the most coruscating High Court judgments I can recall, in AA V LB Southwark [our report here], the senior officers of Southwark Council have chosen to do neither. Instead, Southwark’s Housing and Communities Strategic Director has chosen to publicly announce that the judgment was ‘unjust’ and ‘clearly wrong’, but that Southwark aren’t going to appeal it.’
NearlyLegal, 25th November 2014
Source: www.nearlylegal.co.uk
‘A county council has lost a Court of Appeal bid to overturn a ruling that the authority had the power to provide support for a disabled child even when his Roma Gypsy family are working in different parts of the country and outside its borders.’
Local Government Lawyer, 25th November 2014
Source: www.localgovernmentlawyer.co.uk
‘Qualified one-way costs shifting (QOCS) does not apply on appeal if it did not apply at first instance, Master Haworth has ruled in the Senior Court Costs Office.’
Litigation Futures, 24th November 2014
Source: www.litigationfutures.com
‘A High Court judge has dismissed a challenge to Ealing Council’s approval of plans to redevelop the Oaks Shopping Centre in west London, after disagreeing with claims that the substitution of a councillor on the Council’s planning committee was unlawful.’
OUT-LAW.com, 19th November 2014
Source: www.out-law.com
‘An employment tribunal which decided to carry out its own internet research, apparently to help a litigant in person, has been condemned by Mr Justice Langstaff, president of the Employment Appeal Tribunal (EAT).’
Litigation Futures, 20th November 2014
Source: www.litigationfutures.com
‘Patents for computer programmes are not patentable in Europe. That seems like a simple statement. But a recent high level decision shows that it is far from simple to apply.’
Technology Law Update, 18th November 2014
Source: www.technology-law-blog.co.uk
Plevin v Paragon Personal Finance Ltd and another [2014] UKSC 61; [2014] WLR (D) 487
‘An agreement for payment protection insurance was unfair within the meaning of section 140A of the Consumer Credit Act 1974, as inserted, when the debtor had not been told, before concluding the agreement, that over 70% of the one-off £5,780 premium would be used to pay commission to various parties.’
WLR Daily, 12th November 2014
Source: www.iclr.co.uk
Regina (Stirling) v Haringey London Borough Council [2014] UKSC 56; [2014] WLR (D) 486
‘A public consultation under paragraph 3(1)(c) of Schedule 1A to the Local Government Finance Act 1992, as inserted, about a proposed council tax reduction scheme was unlawful if it did not involve inviting and considering views about possible alternatives to the scheme favoured by the local authority.’
WLR Daily, 29th October 2014
Source: www.iclr.co.uk
‘Where a court was determining whether to exercise its discretion under section 32A of the Limitation Act 1980 to disapply the one-year limitation period applying by virtue of section 4A of the 1980 Act to a claim for libel, the claimant’s ignorance of the limitation period would rarely if ever be a factor which carried any or any significant weight given the policy reasons underlying the one-year limitation period for libel claims.’
WLR Daily, 30th October 2014
Source: www.iclr.co.uk
Sims (Appellant) v Dacorum Borough Council (Respondent) [2014] UKSC 63 (YouTube)
Supreme Court, 12th November 2014
Supreme Court, 12th November 2014
Plevin (Respondent) v Paragon Personal Finance Limited (Appellant) [2014] UKSC 61 (YouTube)
Supreme Court, 12th November 2014
Supreme Court, 12th November 2014
‘At a time when the UK’s membership of the European Convention of Human Rights (“ECHR”) and our domestic Human Rights Act 1998 (“HRA”) is a hot political topic, it is timely that the Employment Appeal Tribunal (“EAT”) has handed down a judgment considering Article 6 ECHR in relation to special time limit provisions for discrimination complaints brought by those in the Armed Forces: Duncan v Ministry of Defence.’
Cloisters, 23rd October 2014
Source: www.cloisters.com
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