When Is Whistleblowing in the Public Interest? – No. 5 Chambers
‘Jack Feeny explores the new law in relation to protected disclosures following the Enterprise and Regulatory Reform Act 2013.’
No. 5 Chambers, 19th September 2014
Source: www.no5.com
Category: appeals
Unfair Dismissal, Territorial Jurisdiction and the Higgs Boson – Littleton Chambers
‘When Lord Hoffmann gave the only substantive judgment of the House of Lords in Lawson v. Serco Ltd [2006] ICR 250 it was no doubt envisaged that the knotty question of territorial jurisdiction of s.94(1) of the Employment Rights Act 1996 (“ERA 1996”)– the right not to be unfairly dismissed – would be resolved once and for all. It was, after all, the first time that their Lordships had considered the question, and they did so unanimously in the context of three co-joined appeals.’
Littleton Chambers, 22nd September 2014
Source: www.littletonchambers.com
Part 36: All change please – Hardwicke Chambers
‘Just when you thought you had got to grips with the updated Part 36 rules and post Jackson benefits, the Civil Procedure Rule Committee announced it was considering reforms to Part 36.’
Hardwicke Chambers, 15th September 2014
Source: www.hardwicke.co.uk
The Right to Die: A Moral or Legal question? Or Both? – No. 5 Chambers
‘Late last month the Supreme Court of the UK handed down a judgment on the cases of two severely disabled men who want other people to help them to die.’
No. 5 Chambers, 18th September 2014
Source: www.no5.com
Spousal Maintenance: How appealing is an appeal? Appeal Cost consequences explored – Zenith Chambers
‘In H v W [2014] EWHC 2846 (Fam) Eleanor King J revisited the issue of costs.’
Full story (PDF)
Zenith Chambers, 22nd September 2014
Source: www.zenithchambers.co.uk
Lawful Age Discrimination? – No. 5 Chambers
‘Caroline Jennings reviews the recent EAT case of Palmer v RBS UKEAT/0083/14 which concerns whether or not a statutory restriction on eligibility for early retirement benefits could amount to age discrimination.’
No. 5 Chambers, 19th September 2014
Source: www.no5.com
Criminals could appeal after Home Office admits potentially misleading DNA evidence presented to juries – Daily Telegraph
‘Forensic expert Peter Gill, who raised the issue with the Home Office in April said the recognition that subjective interpretations of DNA evidence were potentially biased and unscientific and could lead to a number of appeals.’
Daily Telegraph, 23rd September 2014
Source: www.telegraph.co.uk
Children: Private Law Update – Family Law Week
‘Alex Verdan QC of 4 Paper Buildings considers recent judgments in private law children cases, including the President’s judgment on legal aid funding in Q v Q.’
Family Law Week, 19th September 2014
Source: www.familylawweek.co.uk
Drivers may be able to reclaim millions in unfair parking fines – The Independent
‘Motorists could demand the refund of more than £100m in parking fines, after what experts described as an “explosive” tribunal ruling left local government traffic officials in “absolute panic”.’
The Independent, 21st September 2014
Source: www.independent.co.uk
Supreme Court clarifies continuing police disclosure obligations – RPC Privacy Law
‘The recent Supreme Court judgment in the case of R (on the application of Nunn) v Chief Constable of Suffolk Constabulary and another sheds further light on the continuing duty of the police and the Crown Prosecution Service to disclose information in criminal cases post-conviction.’
RPC Privacy Law, 19th September 2014
Source: www.rpc.co.uk
Insurer to bear costs of mirror wills mix-up – Law Society’s Gazette
‘The Supreme Court today ordered a solicitor’s insurer to pay the bulk of both parties’ costs over a wills dispute arising when a married couple each signed the wrong draft of a will.’
Law Society’s Gazette, 18th September 2014
Source: www.lawgazette.co.uk
Swift (trading as A Swift Move) v Robertson – WLR Daily
Swift (trading as A Swift Move) v Robertson: [2014] UKSC 50; [2014] WLR (D) 396
‘A failure by a trader to give written notice of the right to cancel a contract for the supply of goods or services made during a visit to a consumer’s home did not deprive the consumer of his right to cancel the contract pursuant to regulation 7(1) of the Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008.’
WLR Daily, 9th September 2014
Source: www.iclr.co.uk
Max Clifford appeals against 8-year prison sentence for indecent assaults – The Guardian
‘Disgraced PR guru Max Clifford has launched an appeal against his eight-year prison sentence. The 71-year-old was convicted in May of eight counts of indecent assaults on four women, carried out between 1977 and 1984.’
The Guardian, 17th September 2014
Source: www.guardian.co.uk
Jackson slaps down bid to introduce one-way costs-shifting in certain appeals – Litigation Futures
‘The Jackson reforms were not intended to give appeal courts the ad hoc power to introduce one-way costs shifting, their architect has ruled. Lord Justice Jackson said he wanted to clarify the purpose of rule 52.9A – introduced on 1 April 2013 – so as to prevent further applications along the same lines.’
Litigation Futures, 16th September 2014
Source: www.litigationfutures.com
SAS selection deaths: inquest delayed until 2015 – BBC News
‘An inquest into the deaths of three soldiers who collapsed on an SAS training exercise in the Brecon Beacons has been delayed until 2015.’
BBC News, 16th September 2014
Source: www.bbc.co.uk
Victims’ Rights, the EU Charter, and Passport Confiscation – the Human Rights Roundup – UK Human Rights Blog
‘In recent news, the government outlines proposals for increased rights for the victims of crime, as well as for the revocation and confiscation of passports for ISIS fighters returning to the UK. In other news, the legality of the EU Charter comes back to haunt Chris Grayling once again.’
UK Human Rights Blog, 15th September 2014
Source: www.ukhumanrightsblog.com
Wagenaar v Weekend Travel Ltd (t/a Ski Weekend) and another – WLR Daily
‘The qualified one-way costs shifting provisions under CPR 44.13 and 44.14 were not ultra vires the general discretion of the court on the ordering of costs under section 51(1) of the Senior Courts Act 1981, and although applying to claims for damages for personal injuries brought by a claimant against a defendant, they did not apply to claims for an indemnity or contribution brought by such a defendant against a third party.’
WLR Daily, 31st July 2014
Source: www.iclr.co.uk
Students without indefinite leave to are ineligible for student loans – UK Human Rights Blog
‘The United Kingdom was not in breach of the human rights of those individuals ineligible for student loans because they did not have indefinite leave to remain in the country. The relevant legislation limits eligibility for student loans to those who are “settled” in the United Kingdom (within the meaning of the Immigration Act 1971 ) and who have been ordinarily resident in the UK for three years.’
UK Human Rights Blog, 11th September 2014
Source: www.ukhumanrightsblog.com
Fraud divorce case goes to Supreme Court – Law Society’s Gazette
‘The ex-wife of a businessman who claims her former husband cheated her out of millions in their divorce settlement has won the right to take her case to the Supreme Court.’
Law Society’s Gazette, 5th September 2014
Source: www.lawgazette.co.uk
