Law firm “positively invited” client to end retainer – Litigation Futures

Posted October 7th, 2019 in appeals, documents, law firms, legal representation, news by tracey

‘A law firm that gave a client seven days’ notice of its intention to end its retainer, but effectively forced the client to do it after a day, was the party responsible for the termination, the High Court has ruled.’

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Litigation Futures, 7th October 2019

Source: www.litigationfutures.com

Legal advice privilege “survives” company’s dissolution – Legal Futures

‘Legal advice privilege (LAP) attaching to communications between a company and its lawyers survives the dissolution of the company, even if the Crown has disclaimed all interest in its former property, the Court of Appeal has ruled.’

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Legal Futures, 7th October 2019

Source: www.legalfutures.co.uk

Merricks v Mastercard: £14bn appeal to be heard by Supreme Court – Law Society’s Gazette

‘The Supreme Court will rule on a landmark case that will test the standards applied to a Collective Proceedings Order in a major competition claim. Permission has been granted for the defendant in Merricks v Mastercard Incorporated & Anor to bring its appeal against a Court of Appeal ruling from April this year.’

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Law Society's Gazette, 4th October 2019

Source: www.lawgazette.co.uk

Google ‘tracking iPhone users’ case goes ahead – BBC News

‘Legal action brought against Google for allegedly tracking the personal data of four million iPhone users can go ahead in the UK, three judges have ruled.’

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BBC News, 2nd October 2019

Source: www.bbc.co.uk

Can parents agree to a 16 year old being detained? – Transparency Project

‘As a result of a new Supreme Court judgment, local authorities will no longer be able to offer residential care, with parents’ agreement, to 16 and 17 year olds where they are supervised and not free to leave – unless there is a court order. This decision potentially affects many thousands of teenagers who are in supportive placements.’

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Transparency Project, 28th September 2019

Source: www.transparencyproject.org.uk

Judge rejects appeal for anonymity by secretly filmed strip-club dancers – The Guardian

Posted October 1st, 2019 in anonymity, appeals, human rights, news, privacy, video recordings by sally

‘The names of nine strip-club performers who were filmed by private investigators working with campaigners concerned about the exploitation of women should be revealed, a judge has ruled.’

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The Guardian, 30th September 2019

Source: www.theguardian.com

After 10 years, the supreme court is confident in its role – The Guardian

‘Next Tuesday, 1 October, marks the 10th anniversary of the supreme court. Over the past decade, its neo-gothic portico, beneath which lawyers, litigants, protesters and politicians parade, has become an increasingly recognisable feature of national life.’

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The Guardian, 26th September 2019

Source: www.theguardian.com

Tory minister admits UK breached court order banning arms sales to Saudi Arabia again – The Independent

‘The government has again admitted breaching a court order banning arms sales to Saudi Arabia over concerns they could be used in the Yemen war.’

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The Independent, 26th September 2019

Source: www.independent.co.uk

Banker’s wife who spent £16m in Harrods escapes extradition to Azerbaijan on embezzlement charges – Daily Telegraph

‘A banker’s wife who spent £16million during a series of shopping sprees in Harrods has escaped extradition back to Azerbaijan on fraud charges.’

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Daily Telegraph, 26th September 2019

Source: www.telegraph.co.uk

Scope of a holiday provider’s liability, by Malcolm Johnson – Law Society Gazette

‘In X v Kuoni Travel Ltd [2019] UKSC 37, the claimant was on holiday with her husband in Sri Lanka on a package holiday purchased from the defendant. While on her way to the hotel reception, she came across a member of the hotel staff, who was employed as an electrician. He offered to show her a short cut to reception, but instead sexually assaulted her. She claimed damages against the defendant for breach of contract under the Package Travel, Package Holidays and Package Tours Regulations 1992 …’

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Law Society Gazette, 23rd September 2019

Source: www.lawgazette.co.uk

Borough council wins appeal over ‘continuing offence’ in HMO case – Local Government Lawyer

Posted September 19th, 2019 in appeals, housing, local government, news, time limits by tracey

‘A ‘continuing’ offence is not time-barred from prosecution by when it was first noted, the High Court has said in an appeal brought by Luton Borough Council.’

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Local Government Lawyer, 19th September 2019

Source: www.localgovernmentlawyer.co.uk

Open justice ‘victory’ revisited – Family Law

‘Laws governing the release of court material to non-parties in civil cases post Cape Intermediate are clear, but has the decision moved transparency laws forward for family proceedings? David Burrows reports.’

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Family Law, 19th September 2019

Source: www.familylaw.co.uk

Jason Lawrance appeals against vasectomy lie rape convictions – BBC News

Posted September 19th, 2019 in appeals, consent, deceit, news, pregnancy, rape, sexual offences by tracey

‘A man found guilty of rape after lying about having had a vasectomy is appealing against the convictions.’

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BBC News, 19th September 2019

Source: www.bbc.co.uk

High Court rules district judge could make non-party costs award after licensing hearing, but allows appeal over procedure – Local Government Lawyer

Posted September 17th, 2019 in appeals, costs, licensing, news, public order by tracey

‘A district judge hearing a licensing appeal has the power under the Licensing Act 2003 to make a non-party costs award, a High Court judge has ruled.’

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Local Government Lawyer, 13th September 2019

Source: www.localgovernmentlawyer.co.uk

CA quashes paralegal’s “unfair” contempt sentence – Legal Futures

‘It was “manifestly unfair” for a circuit judge to issue a paralegal with a suspended six-month prison sentence for inadvertently breaching the Family Procedure Rules, the Court of Appeal has ruled.’

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Legal Futures, 17th September 2019

Source: www.legalfutures.co.uk

Government apologises for breaching court ruling against arms sales to Saudi Arabia – The Independent

‘The government has apologised for breaching a court ruling against the sale of weapons to Saudi Arabia that could be used in the Yemen conflict.’

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The Independent, 16th September 2019

Source: www.independent.co.uk

More victims able to challenge ‘unduly lenient’ prison sentences – Ministry of Justice

‘Under plans confirmed by ministers today (17 September 2019), the Unduly Lenient Sentence scheme will be extended to 14 new offences.’

Full press release

Ministry of Justice, 17th September 2019

Source: www.gov.uk/government/organisations/ministry-of-justice

Alan Greene: Miller 2, Non-justiciability and the Danger of Legal Black Holes – UK Constitutional Law Association

‘In R (Miller) and Others v The Prime Minister (hereinafter Miller No.2), the High Court of England and Wales found that the decision of the Prime Minister to advise the Queen to prorogue parliament was non-justiciable. In doing so, the judgment reveals the propensity of the judiciary to be much more protective of its own empire than that of the legislature. Ultimately, however, it is an approach that undermines both due to the creation of a legal black hole.’

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UK Constitutional Law Association, 13th September 2019

Source: ukconstitutionallaw.org

Court of Appeal’s useful guidance on implying isolated payment provisions from the Scheme – Practical Law: Construction Blog

Posted September 11th, 2019 in appeals, construction industry, contracts, news by tracey

‘For some years now modular construction has been on the increase for new buildings, particularly in the hotel sector where it is now the norm for new hotels to be supplied with bathrooms and bedrooms manufactured off site. Indeed, I suspect that most of us have stayed in such rooms without even realising that more or less everything in the room (except the loose furniture) was installed off site, and sometimes many thousands of miles off-site. It may be because I only see the projects where things have gone awry and disputes have arisen, but, having decided a few disputes regarding modular building products, it’s clear that this part of the industry remains susceptible to the types of disputes we see with more traditional methods of construction. I want to talk about one such case this week, namely the Court of Appeal’s decision in Bennett (Construction) Ltd v CIMC MBS Ltd (formerly Verbus Systems Ltd) (which it handed-down at the end of August).’

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Practical Law: Construction Blog, 10th September 2019

Source: constructionblog.practicallaw.com

Right of appeal against refusal of a residence card: the conclusion – UK Human Rights Blog

Posted September 11th, 2019 in appeals, EC law, families, human rights, immigration, news, tribunals by tracey

‘The question of whether non-married partners and wider dependent relatives (e.g. grown-up children) of EEA nationals (known as “extended family members”) have a right of appeal against a decision by the Home Secretary to refuse them a residence card under the EEA Regulations has had a fraught recent history.’

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UK Human Rights Blog, 10th September 2019

Source: ukhumanrightsblog.com