‘A family has lost its battle in the supreme court for the right to sue police for negligence over the death of a young mother killed by her ex-boyfriend in fit of jealous rage.’
The Guardian, 28th January 2015
Source: www.guardian.co.uk
‘The judgment in SR v RS demonstrates that parties cannot, in the face of reasonable offers to settle, continue to litigate matters indefinitely without the spectre of cost sanctions.’
Halsbury’s Law Exchange, 27th January 2015
Source: www.halsburyslawexchange.co.uk
‘A solicitor’s retainer is not rendered “impossible of performance” simply because a claimant loses mental capacity and cannot give instructions personally, the Court of Appeal ruled today.’
Litigation Futures, 27th January 2015
Source: www.litigationfutures.com
Hussain v Waltham Forest London Borough Council [2015] EWCA Civ 14; [2015] WLR (D) 21
‘The phrase “other violence” in section 177(1) of the Housing Act 1996 covered not only physical violence (actual or threatened) but other threatening or intimidating behaviour or abuse, if of such seriousness that it might give rise to psychological harm.’
WLR Daily, 20th January 2015
Source: www.iclr.co.uk
Elashmawy v Court of Brescia, Italy [2015] EWHC 28 (Admin); [2015] WLR (D) 15
‘Italian prison conditions were compliant with article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’
WLR Daily, 16th January 2015
Source: www.iclr.co.uk
Regina v Chinegwundoh [2014] EWCA Crim 2649; [2015] WLR (D) 18
‘A finding that a person under a disability had done the acts charged against him was not an acquittal and did not therefore give the court the power to make a restraining order under section 5A of the Protection from Harassment Act 1997.’
WLR Daily, 20th January 2015
Source: www.iclr.co.uk
‘A problem frequently arises when, for one reason or another – most frequently the late arrival of the client in a solicitor’s office – the limitation period is nearly up, but one has not got the medical report or one has not got the materials needed for the drafting of the Particulars of Claim or indeed has grave doubts about whether the claim is viable, but plainly proceedings need to be commenced notwithstanding. In those circumstances, it is recognised as the best practice, following CPR 6.4(1)(b), to issue a claim form but to notify the court that the Claimant wishes to serve the Claim Form. If one does not do that, the court will serve the Claim Form automatically, whereas if you undertake to serve it yourself, you will have up to four months within which to serve the Claim Form. During that time, one can ensure that what needs to be done in order to present a coherent and correctly presented claim can be done.’
Zenith PI Blog, 26th January 2015
Source: www.zenithpi.wordpress.com
‘FOCUS: Proposed changes to the workings of the Competition Appeals Tribunal (CAT) will make it more likely that competition law is enforced and will give some smaller companies a boost in pursuing competition claims.’
OUT-LAW.com, 23rd January 2015
Source: www.out-law.com
‘The principles to apply when considering whether to allow an application under 6.15 (service of the CF by alternative method or at an alternative place). The evidence in support must explain the failure to serve.’
Zenith PI Blog, 26th January 2015
Source: www.zenithpi.wordpress.com
‘In R(Hillsden) v Epping Forest DC [2015] EWHC 98 (Admin), McCloskey J held the council’s allocation scheme valid in circumstances which, I must say, did not seem propitious to the council. The council’s new allocation scheme, which came in to force in September 2013, had a qualification criterion which required applicants to have a continuous residence for three years and, for those already registered, to have two and a half years. It was argued by the council that there was no “exceptional circumstances” get-out clause, because, apparently, the council “wanted clear rules that left no room for doubt about whether an individual qualified in the first place”. Now, like Ms Hillsden’s counsel (Jan Luba and Bethan Harris), I would have said that whole criterion was a real problem – indeed, our past notes on this precise issue have argued this too. So, fair play to Epping – how did they win? Will it survive an appeal?’
NearlyLegal, 24th January 2015
Source: www.nearlylegal.co.uk
‘Jessica Craigs, senior solicitor of Mills & Reeve LLP analyses the financial remedies and divorce news and cases from December 2014.’
Family Law Week, 23rd January 2015
Source: www.familylawweek.co.uk
‘In Fenty and Others v Arcadia Group Brands Ltd and another [2013] EWHC 2310 (Ch), [2013] WLR(D) 310 Mr Justice Birss gave judgment to Robyn Rihanna Fenty (better known as Rihanna) and her corporate licensing companies against Top Shop for selling a t-shirt that reproduced a photo of the singer. The claim was brought not for infringement of copyright since the owner of the copyright in the photograph had licensed the reproduction of his work but for passing off. Rihanna and her companies had claimed that the t-shirt misrepresented authorization or approval of the manufacture and distribution of the garments and that such misrepresentation damaged her commercial activities. I wrote about the case in Passing off – Fenty v Topshop 10 Sept 2013 and readers are referred to that note for an appreciation of the judgment.’
NIPC Law, 24th January 2015
Source: www.nipclaw.blogspot.co.uk
‘A three-judge Upper Tribunal panel X v GB of a school has considered the exclusion of a tendency to physical abuse from the definition of disability under the Equality Act 2010.’
Education Law Blog, 25th January 2015
Source: www.education11kbw.com
‘Government regulations on access to legal aid for victims of domestic violence have been upheld by the high court.’
The Guardian, 23rd January 2015
Source: www.guardian.co.uk
‘Singer Rihanna has won a legal battle with high street store Topshop over a T-shirt bearing her image.’
BBC News, 22nd January 2015
Source: www.bbc.co.uk
‘Delivering judgment on the lord chancellor’s controversial criminal legal aid reforms by the end of the month will be a ‘pretty tall order’, senior judges have said at the end of a three-day hearing in the High Court.’
Law Society’s Gazette, 20th January 2015
Source: www.lawgazette.co.uk
‘A city council has successfully defended in the Court of Appeal its decision to close its passenger transport unit (PTU) and make alternative arrangements for users.’
Local Government Lawyer, 20th January 2015
Source: www.localgovernmentlawyer.co.uk
‘A 78-year-old woman who caused a three car pile-up has won the right to drive again, as judge rules that medical checks as well as on-road appraisals are necessary.’
Daily Telegraph, 20th January 2015
Source: www.telegraph.co.uk
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