‘A stalker who subjected a neighbour to a five-year campaign of intimidation before stabbing her is trying to have his life sentence for attempted murder overturned.’
BBC News, 2nd September 2014
Source: www.bbc.co.uk
‘When Lady Justice Arden handed down her judgment in the Court of Appeal case of Clark v In Focus, she held that a complainant cannot accept an Ombudsman’s award at the statutory maximum (currently £150,000) and sue in court for the balance of their redress if it exceeds that limit. We hoped in vain that that would be the final word on the issue.’
Commercial Disputes Blog, 28th August 2014
Source: www.rpc.co.uk
‘Disclosure of information about children, pursuant to a request under the Freedom of Information Act 2000 (FoI), is always a difficult issue and the natural reaction of public authorities is to err on the side of caution.’
Law Society’s Gazette, 1st September 2014
Source: www.lawgazette.co.uk
‘The Supreme Court has given an appellant permission to appeal a Court of Appeal ruling over the relevant time for a council to consider whether her homelessness was intentional.’
Local Government Lawyer, 28th August 2014
Source: www.localgovernmentlawyer.co.uk
‘Several criminals have been found guilty after victims of crime successfully appealed against the CPS’ original decisions not to bring charges. What has been the effect of the introduction of the “right to review scheme”? And could it affect the criminal justice system?’
Halsbury’s Law Exchange, 28th August 2014
Source: www.halsburyslawexchange.co.uk
‘The High Court has recently revisited how loss of chance damages will be quantified in professional negligence claims.’
Commercial Disputes Blog, 26th August 2014
Source: www.rpc.co.uk
‘In Norseman Gold plc v HMRC[1] the First-tier Tribunal (Judge Colin Bishopp) (“FTT”) dismissed an appeal by Norseman Gold plc (“Norseman”) against assessments made pursuant to section 73 VATA 1994 to recover input tax which had been claimed by it, on the basis that as Norseman had not imposed a charge for its services to its subsidiary companies, there was no taxable supply, for which the company could recover the VAT incurred.’
Commercial Disputes Blog, 27th August 2014
Source: www.rpc.co.uk
‘The Supreme Court has refused to hear an appeal from a litigant in person who sued her solicitors for negligence and whose claim included the grounds that she suffered from Asperger’s Syndrome.’
Litigation Futures, 28th August 2014
Source: www.litigationfutures.com
‘The Supreme Court has ruled that victims may in some circumstance recover damages from their traffickers. Overturning the judgment of the Court of Appeal that the illegality of the underlying contract ruled out the claim for compensation, the majority held that to permit the trafficker to escape liability would be “an affront” to public policy. The judgment has far reaching implications in this area because, by its very nature, human trafficking often involves illegality.’
UK Human Rights Blog, 27th August 2014
Source: www.ukhumanrightsblog.com
‘An employee is not prevented from resigning and bringing a constructive dismissal claim against a former employer by the fact that the employer may have been preparing a gross misconduct case against him, the Employment Appeal Tribunal (EAT) has ruled.’
OUT-LAW.com, 27th August 2014
Source: www.out-law.com
‘No less than four FTT bedroom tax appeal decision have come my way lately. Three of them concern successful appeals on human rights Article 14 discrimination or Article 8 family life grounds. One is a clear room size decision with an interesting footnote on tenancy agreements.’
NearlyLegal, 24th August 2014
Source: www.nearlylegal.co.uk
‘The point at which the new employer becomes responsible for the workers who have been transferred under TUPE rules is a question of fact, not the wishes or intentions of the parties, the Employment Appeal Tribunal (EAT) has confirmed.’
OUT-LAW.com, 22nd August 2014
Source: www.out-law.com
‘A change in the working location of somebody who has changed employer through TUPE will only be grounds for a constructive dismissal claim if that change is “substantial” and causes “material detriment” to the worker.’
OUT-LAW.com, 26th August 2014
Source: www.out-law.com
‘A nine-year jail term given to the killer of his then girlfriend’s baby will be reviewed by the court of appeal amid complaints the sentence was not long enough.’
The Guardian, 22nd August 2014
Source: www.guardian.co.uk
‘Since 28 July the Home Office has resumed processing applications that were on hold pending the Court of Appeal decision in MM. In that case, the Court of Appeal held the minimum income threshold and associated documentary requirements set out in Appendix FM and Appendix FM-SE to the Immigration Rules to be lawful.’
Halsbury’s Law Exchange, 19th August 2014
Source: www.halsburyslawexchange.co.uk
‘Judges could determine the outcome of some information rights tribunal cases on their own in future under just-published proposals.’
OUT-LAW.com, 19th August 2014
Source: www.out-law.com
‘A reinsurance contract containing an express warranty clause, which provided that the carrying vessel should not sail out of port when there was a typhoon warning at that port or where the vessel’s destination or intended route might be within the possible path of the typhoon, was breached when a vessel did sail into a typhoon and the cargo was lost, and the reinsurers were not liable for the loss of cargo claimed under the contract.’
WLR Daily, 7th August 2014
Source: www.iclr.co.uk
Q v Q; In re B (A Child); In re C (A Child) [2014] EWFC 31; [2014] WLR (D) 372
‘Since public funding was not in general available for private law children cases, in some circumstances the court could properly direct that the cost of certain activities should be borne by Her Majesty’s Courts & Tribunals Service (“HMCTS” ), although it was to be emphasised that, the provision of interpreters and translators apart, that was an order of last resort. No such order should be made except by, or having first consulted, a High Court judge or a designated family judge.’
WLR Daily, 6th August 2014
Source: www.iclr.co.uk
‘Jennifer Perrins, barrister of 1 King’s Bench Walk, and Amy Rowe, associate solicitor with Bindmans LLP, consider whether the test of ordinary residence is distinctive from that of habitual residence.’
Family Law Week, 12th August 2014
Source: www.familylawweek.co.uk
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