‘The High Court has overturned a cost judge’s refusal to grant relief from sanctions that prevented claimant lawyers from recovering their success fees, and instead accused the defendants of “unreasonable and opportunistic” conduct.’
Litigation Futures, 6th October 2014
Source: www.litigationfutures.com
‘How should we approach applications for relief from sanctions made by the other side? Elliot Kay considers a recent and useful decision of the High Court.’
Zenith PI Blog, 6th October 2014
Source: www.zenithpi.wordpress.com
‘In October 1989, the Guildford Four were released from jail. Their convictions for blowing up two pubs in the Surrey town during an IRA bombing campaign had been quashed.’
BBC News, 4th October 2014
Source: www.bbc.co.uk
‘A woman who engaged in sexual activity with a 14-year-old boy after a drunken night out has been jailed by leading judges who overturned her “unduly lenient” non-custodial sentence.’
The Guardian, 3rd October 2014
Source: www.guardian.co.uk
‘Directors and senior employees will often have wide-ranging managerial power over their companies: the ability to commit or disburse company assets, with significant autonomy and limited detailed oversight. Those in such positions will not always act responsibly, and will be attractive targets to others seeking a share of the potential spoils. In two important judgments from July, the Court of Appeal and Supreme Court significantly increased the remedies available against both bribed fiduciaries and those who bribe them.’
Employment Law Blog, 2nd Ocotber 2014
Source: www.employment11kbw.com
Marley v Rawlings (No 2); [2014] UKSC 51; [2014] WLR (D) 402
‘Where a mistake made by a solicitor in the execution of a will required its validity to be determined in litigation, funded in the High Court and the Court of Appeal on a traditional basis and in the Supreme Court under contingency fee agreements, the proper order for costs in the High Court and the Court of Appeal was that the solicitor’s insurers should pay the costs of both the successful claimant and the unsuccessful defendants, thereby short-circuiting the approach that, on a reasonable, but unsuccessful, challenge to the validity of a will, the costs should be borne by the estate.’
WLR Daily, 18th September 2014
Source: www.iclr.co.uk
‘The Court of Appeal has dismissed a solicitor’s call for an Employment Tribunal ruling – in which his claim against a local authority for race and disability discrimination was rejected – to be thrown out as not properly made, it has emerged.’
Local Government Lawyer, 30th September 2014
Source: www.localgovernmentlawyer.co.uk
‘An application has been made to the Court of Appeal for leave to appeal two key parts of a ruling by the President of the Court of Protection that was intended to streamline the handling of deprivation of liberty cases after the Cheshire West judgment.’
Local Government Lawyer, 30th September 2014
Source: www.localgovernmentlawyer.co.uk
‘In a judgment handed down on Friday, the Competition Appeal Tribunal has quashed the Office of Fair Trading’s decision to accept commitments in the online hotel booking sector. As the first case to consider such commitments, Skyscanner Ltd v CMA [2014] CAT 16 contains some helpful guidance, albeit that Skyscanner’s success actually hinged on a fairly narrow point of regulatory law.’
Competition Bulletin from Blackstone Chambers, 28th September 2014
Source: www.competitionbulletin.com
‘This week, the Conservative Party will unveil its plans for human rights reform in the UK. In other news, Chris Grayling’s decision to drastically reduce the number of legal aid contacts granted is successfully challenged, while a prosecution for assisted suicide keeps the assisted dying debate alive.’
UK Human Rights Blog, 28th September 2014
Source: www.ukhumanrightsblog.com
‘Afficionados of Sherlock Holmes will recall “The Adventure of Silver Blaze”, a tale of horse nobbling and dark deeds amidst the turf fanciers of late Victorian England. “Silver Blaze” (incidentally the only Holmes story to feature a deerstalker cap, and that only in an accompanying illustration) is a story in which the question of custody of the horse is all important, and is best known for the curious incident of the dog in the night-time. The curious incident is that the dog did nothing (it had been doped, using curried mutton – not a frequently encountered doping agent in modern sporting life) , and nothing is also what the rider of the horse did in Turner v British Equestrian Federation (SR/0000120209, 1 August 2014). Nothing wrong, that is.’
Sports Law Bulletin from Blackstone Chambers, 25th September 2014
Source: www.sportslawbulletin.org
Bogdanic v Secretary of State for Home Department: [2014] EWHC 2872 (QB); [2014] WLR (D) 401
‘The Nationality, Immigration and Asylum Act 2002 (Commencement No 1) Order 2002 should be construed as having the effect that section 125 of, and Schedule 8 to, the Nationality, Immigration and Asylum Act 2002 came into force on 8 December 2002 for the purpose of clandestine entrants who arrived in the United Kingdom or in a prescribed immigration control zone concealed in a vehicle or a rail freight wagon.’
WLR Daily, 29th August 2014
Source: www.iclr.co.uk
‘The solicitor general has been criticised for asking a court to increase a three-and-a-half-year jail term imposed on a trainee barrister and new mother convicted of falsely accusing her former boyfriend of a series of rapes and assaults. Robert Buckland QC asked the court of appeal to increase the sentence handed to Rhiannon Brooker, 30, after she was found guilty of fabricating allegations that led to her ex-partner Paul Fensome being jailed for 36 days. But three appeal court judges ruled that the term should not be increased.’
The Guardian, 25th September 2014
Source: www.guardian.co.uk
‘Harini Iyengar comments on the latest Court of Appeal case on the calculation of damages for a lost career.’
Employment Law Blog, 25th September 2014
Source: www.employment11kbw.com
‘The test for whether the UK employment tribunal has jurisdiction to hear an unfair dismissal claim from somebody who lives and works abroad should not include a comparison of the relative merits of the different employment laws that could apply, the Court of Appeal has found.’
OUT-LAW.com, 24th September 2014
Source: www.out-law.com
‘Charles Price reports on the case of Atkinson v Community Gateway Association (UKEAT/0457/12/BA) which concerns the approach in a constructive dismissal claim when the employee himself is in fundamental breach.’
Full story
No. 5 Chambers, 19th September 2014
Source: www.no5.com
‘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
‘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
‘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
‘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
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