Final Report of the Vulnerable Witnesses and Children Working Group – Judiciary of England & Wales
‘Final Report of the Vulnerable Witnesses and Children Working Group.’
Judiciary of England and Wales, 17th March 2015
Source: www.judiciary.gov.uk
Category: appeals
Kandola v Generalstaatsanwaltschaft Frankfurt, Germany; Droma v State Prosecutor Nurnberg-Furth, Bavaria, Germany; Ijaz v The Court of Milan (An Italian Judicial Authority) – WLR Daily
‘In the context of an extradition appeal the court set out the approach to be taken in applying section 12A of the Extradition Act 2003.’
WLR Daily, 13th March 2015
Source: www.iclr.co.uk
Last minute adjournment in criminal legal aid appeal – Law Society’s Gazette
‘The Court of Appeal has adjourned delivering judgment on the lord chancellor’s criminal legal aid reforms until Wednesday. The case had originally been listed for this morning.’
Law Society’s Gazette, 19th March 2015
Source: www.lawgazette.co.uk
All proportionality defences are equal, but some are more equal than others – Zenith Chambers
‘The Supreme Court, in the case of Akerman-Livingstone v Aster Communities Ltd [2015] UKSC 15, have provided some much needed and helpful clarification of the practicalities of raising and potentially defeating a defence based on discrimination on a summary basis. In the event, events overtook the appeal, and Mr Akerman-Livingstone’s appeal was dismissed, but had it not been for a suitable offer of accommodation and the superior landlord serving notice to quit on the Housing Association and requiring vacant possession from them, the result would have been different.’
Full story (PDF)
Zenith Chambers, 12th March 2015
Source: www.zenithchambers.co.uk
Top 10 Planning and Environmental Cases of 2014-2015 – Thirty Nine Essex Street
‘This paper is intended to provide a focused update in relation to the most significant cases within the last twelve months of interest to those practicing in the area of environmental and planning law. In relation to each of the cases, the paper sets out asummary of the pertinent facts, the key issues decided by the case, together with some reflections on the legal and practical implications of the decisions.’
Full story (PDF)
Thirty Nine Essex Street, February 2015
Source: www.39essex.com
Credit hire rates. Are they basically the same? – Park Square Barristers
‘A recent decision from the Court of Appeal has caused a sea-change in the ways in which courts will assess the likely cost of basic hire rates (BHRs) when assessing the recoverable damages to be paid under a credit-hire agreement. From now on, the courts will be entitled to calculate BHRs with reference to the lowest reasonable rate charged by a local (to the claimant) main hire company.’
Park Square Barristers, 6th March 2015
Source: www.parksquarebarristers.co.uk
Council loses Supreme Court appeal in rights of way battle with trail riders – Local Government Lawyer
‘The Supreme Court has rejected – by a 3-2 majority – a county council’s appeal over whether an application by motorcyclists to upgrade rights of way complied with relevant statutory requirements.’
Local Government Lawyer, 18th March 2015
Source: www.localgovernmentlawyer.co.uk
Tribunal finds in favour of property developer who was not trading – RPC Tax Take
‘In Terrace Hill (Berkeley) Ltd v HMRC[1], the First-tier Tribunal (“the FTT”) rejected HMRC’s arguments and concluded that a property developer’s activity in relation to the development of an office property was an investment rather than a trading activity and allowed its appeal.’
RPC Tax Take, 11th March 2015
Source: www.rpc.co.uk
Can Employment Tribunals Conduct Their Own Internet Research? – No. 5 Chambers
‘A vexed question: Where is the boundary between assistance and being in the arena? And how does the internet impact on that. The latest attempt to give guidance is the curious case of East of England Ambulance Service NHS Trust v Sanders UKEAT/0217/14/RN before Langstaff P and 2 lay members.’
No. 5 Chambers, 12th January 2015
Source: www.no5.com
Fire safety – a hot topic! – Park Square Barristers
‘A recent case on the issue of fire safety — or, more exactly, the provisions of the Regulatory Reform (Fire Safety) Order 2005 — has proved both interesting and instructive on the desirability and necessity of precision when drafting an indictment for proceedings brought before the Crown Court.’
Park Square Barristers, 4th MArch 2015
Source: www.parksquarebarristers.co.uk
The Equality Act 2010: The interplay of the employment and educational protections – No. 5 Chambers
‘In this case the legislative framework at play was the interplay between the education and employment protections in the Equality Act 2010 (‘the Act’). S56(5) was the particular provision under the microscope, which provides that training or guidance covered by s91(within the education provisions of the Act) falls outside the employment services protection afforded by s55; it provides that s56 ‘does not apply in relation to training or guidance for students of an institution to which s91 applies in so far as it is training or guidance to which the governing body of the institution has power to afford access’.’
No. 5 Chambers, 12th January 2015
Source: www.no5.com
Ryanair says it will fight on after Court of Appeal defeat – Zenith Chambers
‘The Court of Appeal has rejected Ryanair’s contention that the Competition Appeal Tribunal was incorrect to uphold the Competition Commission’s order that Ryanair should reduce its stake in Aer Lingus from 28.5 to 5 per cent.’
Full story (PDF)
Zenith Chambers, 16th February 2015
Source: www.zenithchambers.co.uk
Supreme court to decide whether UK benefits cap is unlawful – The Guardian
‘The Supreme court will decide on Wednesday if a cornerstone of the coalition government’s benefits policy is unlawful.’
The Guardian, 18th March 2015
Source: www.guardian.co.uk
High Court confirms finality of tobacco settlement in failed OFT case – Zenith Chambers
‘A party that had paid reduced penalties through the UK’s early resolution procedure could not appeal the penalties after the competition authority’s case had collapsed and following successful appeals by other parties to the investigation.’
Full story (PDF)
Zenith Chambers, 2nd February 2015
Source: www.zenithchambers.co.uk
End of the line for Eurotunnel ferry service as CAT scuppers appeal – Zenith Chambers
‘Eurotunnel began its cross-Channel ferry service in August 2012 using assets acquired from Sea France after its liquidation in 2011. The transaction was blocked by the Competition Commission in 2013 because it gave Eurotunnel too strong a presence in the cross-channel transportation market. In its 9 January 2015 judgment the Competition Appeal Tribunal dismissed Eurotunnel’s appeal against the decision by the CMA to prohibit the deal for a second time. The judgment is significant when viewed against a background of trades in distressed assets in Europe and internationally. It merits a careful reading for parties seeking to realise value from company liquidations.’
Full story (PDF)
Zenith Chambers, 13th January 2015
Source: www.zenithchambers.co.uk
Assignments and anti-avoidance: the Landlord and Tenant (Covenants) Act 1995 – New Square Chambers
‘The Landlord and Tenant (Covenants) Act 1995, applies to “new tenancies” – tenancies granted on or after 1 January 1996. It reformed privity of contract in this area, giving a clean break to tenants on assignment of a new tenancy, except for excluded assignments and authorised guarantee agreements(AGAs). A guarantor is released to the same extent as a tenant upon a lawful assignment. s.25(1)(a) makes void agreements which have effective to frustrate the provisions of the 1995 Act. Below is a look at recent decisions concerning the application of the anti-avoidance provision and of other provisions against that background.’
Full story (PDF)
New Square Chambers, February 2015
Source: www.newsquarechambers.co.uk
The Costs of Complexity (Revisited): A Practical View From the Bar – Littleton Chambers
‘In his monthly column, originally published by PLC, James Bickford Smith considers again the Supreme Court’s judgment in Coventry v Lawrence (No 2) [2014] UKSC 46, the adjourned hearing of which has been listed for 9-11 February 2015. James assesses some of the key issues which have been debated since his initial analysis of the decision in October 2014, including the potential uncertainty for current funding arrangements that are not dependent on the Access to Justice Act 1999.’
Littleton Chambers, 5th February 2015
Source: www.littletonchambers.com
Credit Hire Update: Stevens v Equity Syndicate Management Limited – Henderson Chambers
‘In the most important credit hire decision since Bent, the Court of Appeal rules that judges evaluating credit hire claims involving pecunious claimants should adopt the “lowest reasonable rate”.’
Full story (PDF)
Henderson Chambers, March 2015
Source: www.hendersonchambers.co.uk
Getting to Grips with the Holiday Pay Conundrum – Littleton Chambers
‘The Employment Appeal Tribunal’s (EAT’s) judgment in the Bear Scotland case is the latest in a series of cases considering what must be included in the calculation of holiday pay under the UK’s Working Time Regulations (WTR). The ruling sent shockwaves through the business community, with some commentators estimating that around five million workers in the UK could be entitled to more holiday pay at a potential cost to companies of billions of pounds. Business Secretary Vince Cable even set up a taskforce to assess the possible impact of the EAT’s decision. Adam Solomon and Sophia Berry throw the spotlight on the Bear Scotland litigation in the context of other decisions on holiday pay and consider its implications. This article first appeared in the March 2015 edition of Tolley’s Employment Law Newsletter.’
Full story
Littleton Chambers, 17th March 2015
Source: www.littleton.com
