“Costs judges should not treat costs as reasonable or proportionate simply because they fall within the scope of the court-approved budget, the Court of Appeal has warned.”
Litigation Futures, 5th June 2013
Source: www.litigationfutures.com
“The concept of fairness embodied in the different strands of natural justice have to be seen as flexible and as not requiring the courts to lay down over rigid rules, so that where it had been agreed that a tribunal member could be temporarily absent for part of the hearing, there had been no breach of the rules of natural justice.”
UK Human Rights Blog, 5th June 2013
Source: www.ukhumanrightsblog.com
“Drivers who hog the middle lane of the motorway or tailgate other drivers could face on-the-spot fines of £100 and three points on their licences under new measures announced by the government.”
The Independent, 5th June 2013
Source: www.independent.co.uk
“A former diplomat has won £320,000 from the government after he was accused of behaving ‘inappropriately’ towards a senior politician’s wife.”
Daily Telegraph, 4th June 2013
Source: www.telegraph.co.uk
In re Joseph Hill & Co, Solicitors [2013] EWCA Crim 775 ; [2013] WLR (D) 210
“There was a statutory obligation on the defence to give notice to the prosecution of the name, address and date of birth of any witness whom the defendant believed was able to give evidence in support of his alibi. If there was a practice of advising that the names and addresses of alibi witnesses should not be disclosed unless and until they had provided signed proofs of evidence, that practice was misguided and wrong.”
WLR Daily, 21st May 2013
Source: www.iclr.co.uk
Regina v Jawad [2013] EWCA Crim 644; [2013] WLR (D) 209
“There was no mandatory duty to take the confiscation order made under the Proceeds of Crime Act 2002 into account when deciding on a compensation order, but the question of compensation might have been relevant to disproportion, if compensation meant that money restored to the loser would have been counted again in the confiscation order, so it was necessary to consider both issues together.”
WLR Daily, 3rd May 2013
Source: www.iclr.co.uk
“Employers seeking to make redundancies at multiple business locations could be forced to consult employees on their plans following a recent Employment Appeal Tribunal (EAT) decision, an expert has said.”
OUT-LAW.com, 3rd June 2013
Source: www.out-law.com
“Jonathan Aspinall reports from the Court of Appeal on hesitation, liability and costs.”
New Law Journal, 30th May 2013
Source: www.newlawjournal.co.uk
“The Burgundy Book (the Conditions of Service for School Teachers in England and Wales) provides that a teacher is entitled to full pay where her ‘absence was due to an infectious or contagious illness contracted directly in the course of the teacher’s employment’, and that ‘such absence was not be reckoned against the teacher’s entitlement to sick leave’.”
Employment Law Blog, 30th May 2013
Source: www.employment11kbw.com
“Sian Cox, barrister, Harcourt Chambers analyses the court’s power to strike out in family proceedings and considers in the light of the Court of Appeal judgment in Vince v Wyatt, the circumstances in which such applications may succeed.”
Family Law Week, 29th May 2013
Source: www.familylawweek.co.uk
“On 22 April 2013 the Court of Appeal upheld the decision of the Foreign and Commonwealth Office in refusing to pay for a lawyer to assist Lindsay Sandiford as she faces the death penalty for drug offences in Indonesia. Last Wednesday, they handed down the reasons for their decision.”
UK Human Rights Blog, 29th May 2013
Source: www.ukhumanrightsblog.com
“A protest group is to appeal against a High Court ruling that effectively gave the go ahead to the London-Birmingham section of the HS2 high-speed railway.”
BBC News, 29th May 2013
Source: www.bbc.co.uk
“The disgraced choirmaster Michael Brewer is to attempt to appeal against the length of his six-year prison sentence for indecently assaulting a former pupil.”
The Guardian, 29th May 2013
Source: www.guardian.co.uk
“In determining whether a breach of a contract had been repudiatory an important factor to be taken into account was whether, although serious, the breach had been remedied before the injured party had purported to exercise a right of termination of the contract. Likewise, if there had been delay in performance of an ongoing obligation, it might be possible for the delay to be made up by faster performance. The court had to consider the position as at the date when the injured party purported to terminate. In the absence of time being of the essence, delay would only become a repudiatory breach if it were so prolonged as to frustrate the contract.”
WLR Daily, 23rd May 2013
Source: www.iclr.co.uk
“Three British Christians who claimed their religious rights were violated by employers were told by European judges today that they could take their rejected cases no further.”
The Independent, 28th May 2013
Source: www.independent.co.uk
“The policy of the Foreign Secretary to refuse to provide funding for legal representation to United Kingdom nationals who were facing the death penalty abroad was lawful.”
WLR Daily, 22nd May 2013
Source: www.iclr.co.uk
Laing v The Queen [2013] UKPC 14; [2013] WLR (D) 198
Although the giving of reasons for dismissing an appeal against conviction was an important part of an appellant’s entitlement to a fair hearing of the appeal, if the conviction were otherwise sound it did not have to be quashed simply because of the failure to give reasons.
WLR Daily, 14th May 2013
Source: www.iclr.co.uk
“The entrepreneurialisation of social housing over the last twenty years has led to a diversity in the types of shared ownership. Of course, the standard leasehold type (what in the old days was called DIYSO) predominates, but there are a multitude of other types. In Ker v Optima Community Association [2013] EWCA Civ 579, the Court of Appeal had to deal with one of these other types in Optima’s claim for possession; but in quite odd circumstances for, by the time of the hearing of the appeal, Ms Ker had accepted that the property was unaffordable for her so that she had to give up possession. What was in issue seems to have been whether she was entitled to return of some of the amounts she had paid. Patten LJ, who gave the only substantive judgment, held that she did not have such a claim and ordered possession.”
NearlyLegal, 25th May 2013
Source: www.nearlylegal.co.uk
“A judge hears a case and accepts one party’s version. That party provides a convincing closing speech (in a Word document) which the judge lifts, makes some modifications, and circulates as his judgment.”
UK Human Rights Blog, 26th May 2013
Source: www.ukhumanrightsblog.com
“A sex shop chain in Soho has won a major victory against license fees charged by Westminster City Council, in a landmark decision that the council believe could ‘open the flood gates for illegal pornography.'”
The Independent, 24th May 2013
Source: www.independent.co.uk
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