‘Rules around smacking children across the UK are changing as a result of new laws coming into force.’
The Independent, 22nd November 2017
Source: www.independent.co.uk
‘Private prosecutions of crimes such as fraud and trademark or copyright infringement have become an increasingly important tool of litigation in the UK in recent years. A number of us at 2 Hare Court are currently acting in such cases, defending and prosecuting. Whilst much has been written of late about how to bring a private prosecution, relatively little has made its way into print about defending such cases. Whilst doing so will of course involve many of the same considerations as defending a prosecution brought by the CPS, there is an additional array of options that should be borne in mind.’
2 Hare Court, 5th January 2017
Source: www.2harecourt.com
‘Lauren Bovington, paralegal, International Family Law Group LLP, analyses a recent important Court of Appeal judgment concerning the Article 13(b) defence in 1980 Hague Convention proceedings.’
Family Law Week, 20th October 2016
Source: www.familylawweek.co.uk
‘On 20 July 2016 the Supreme Court handed down judgment in Patel v Mirza [2016] UKSC 42. The effect of the majority’s decision is to over-rule Tinsley v Milligan [1994] 1 AC 340, which for more than two decades stood as authority for the “reliance test” applicable to the illegality defence. Under that test, where a claimant is obliged to rely on his own illegal act in support of his claim – be it in contract, tort or unjust enrichment – a defence of illegality could, subject to certain exceptions, successfully be established.’
Henderson Chambers, 25th July 2016
Source: www.hendersonchambers.co.uk
‘The common law defence of tender before claim is a defence that, before the claimant commenced court proceedings, the defendant had unconditionally offered the amount due to the claimant.’
Law Society’s Gazette, 30th November 2015
Source: www.lawgazette.co.uk
‘I recently appeared in a County Court trial on behalf of the Defendant in which we were relying upon the rarely employed defence of automatism. For those of you who might stumble upon this sort of case once in a while, this article may provide some assistance as to how the Court will deal with such a defence.’
Zenith PI Blog, 13th November 2015
Source: www.zenithpi.wordpress.com
‘The Supreme Court, in the case of Akerman-Livingstone v Aster Communities Ltd [2015] UKSC 15, have provided some much needed and helpful clarification of the practicalities of raising and potentially defeating a defence based on discrimination on a summary basis. In the event, events overtook the appeal, and Mr Akerman-Livingstone’s appeal was dismissed, but had it not been for a suitable offer of accommodation and the superior landlord serving notice to quit on the Housing Association and requiring vacant possession from them, the result would have been different.’
Full story (PDF)
Zenith Chambers, 12th March 2015
Source: www.zenithchambers.co.uk
Regina v Gurpinar; Regina v Kojo-Smith and another [2015] EWCA Crim 178; [2015] WLR (D) 80
Where a defendant was charged with murder and the issue arose as to whether the partial defence of loss of self-control should be left to the jury the trial judge had to undertake a much more rigorous evaluation of the evidence before that defence could be left to the jury than had been required under the former law of provocation.
WLR Daily, 20th February 2015
Source: www.iclr.co.uk
‘Whilst the caselaw suggests that a defence of ‘reasonable practicability’ in an employers liability claim will often be difficult for a Defendant to make out, a recent High Court decision is a reminder that such a defence can succeed in appropriate circumstances.’
Zenith PI Blog, 6th November 2014
Source: www.zenithpi.wordpress.com
Supreme Court, 29th October 2014
‘In much of the UK, men on trial for killing their partner are no longer allowed to use the excuse of provocation. But are judges following the spirit of the law designed to eliminate sexism from the judicial process?’
BBC News, 15th October 2014
Source: www.bbc.co.uk
‘Proposals by academics to allow new defences against trade mark infringement to be created in the future should be resisted, a trade mark law specialist has warned.’
OUT-LAW.com, 6th October 2014
Source: www.out-law.com
‘A few days ago a number of newspapers reported that, following similar moves by a number of other UK institutions, the National Gallery in London has changed its strict no-photos-(please) policy, “after staff realised they were fighting a losing battle against mobile phones”, The Telegraph explains.
Legal Week, 27th August 2014
Source: www.legalweek.com
‘One of the big questions of English competition law is whether there is such a thing as a “passing-on defence” – – i.e. whether the damages suffered by a purchaser of a cartelized product are reduced or mitigated if he “passes on” some of the overcharge to his own customers. Two follow-on damages actions were due to be heard this term, arising out of the synthetic rubber cartel and the gas insulated switchgear cartel, both of which raised the question of passing-on but both of which have now settled.’
Competition Bulletin from Blackstone Chambers, 30th June 2014
Source: www.competitionbulletin.com
Daniel v State of Trinidad and Tobago [2014] UKPC 3; [2014] WLR (D) 73
‘A defendant charged with murder could, in certain circumstances, rely on the defence of provocation, even though he himself had generated the provocative conduct.’
WLR Daily, 13th February 2014
Source: www.iclr.co.uk
‘Richardson v Director of Public Prosecutions [2014] UKSC 8. The tactics of protesters engaging in demonstrations, or acts of civil disobedience, frequently raise interesting questions of law. A demonstration by two activists opposed to the Israeli occupation of the Palestinian Territories, who entered a shop in Covent Garden which sold produce from the Dead Sea, produced on an Israeli settlement, recently resulted in the Supreme Court addressing two such questions.’
UK Human Rights Blog, 7th February 2014
Source: www.ukhumanrightsblog.com
‘The historical defence of marital coercion is to be abolished in England and Wales, the government has said.’
BBC News, 22nd January 2014
Source: www.bbc.co.uk
‘Harini Iyengar considers the Court of Appeal’s (“CA”) latest analysis of the Economic Technical or Organisational Reason Exception (“ETO”) under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) and the tension between the employment regime and the insolvency regime.’
Employment Law Blog, 27th November 2013
Source: www.employment11kbw.com
“Changes to UK defamation laws will come into force on 1 January 2014, the Justice Minister has announced.”
OUT-LAW.com, 20th November 2013
Source: www.out-law.com
“The serving of a bad or defective notice has produced a wealth of litigation over the years. The fact that no-one has been misled, confused or in any way disadvantaged has never deterred those who want to take the point, particularly where the stakes are high. And, they are usually not higher where commercial leases are concerned and the tenant wants to break the lease. Where there may be grotesquely disproportionate and serious consequences for the party (or its adviser) who gets it wrong, a range of different responses has evolved in order for the courts to produce a more just outcome.”
Hardwicke Chambers, 4th November 2013
Source: www.hardwicke.co.uk
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