‘Actor and political activist Laurence Fox has failed in his bid for the first libel trial by jury in a decade over a social media spat between him and three public figures he called “paedophiles” on Twitter.’
Law Society's Gazette, 18th May 2022
Source: www.lawgazette.co.uk
‘A recent decision of the CJEU has addressed the definition of habitual residence for divorce jurisdiction under Art 3 of BIIA. It confirms the interpretation hitherto held in England that a party can have only one habitual residence at one time. But it has also given a strong indication that habitual residence has to be continuous for the requisite period before the date of issuing of proceedings and not just on the date of issue. This has been a controversy in English case law over many years, with the majority of professional opinion allegedly being that habitual residence was only necessary on the date of issue and merely residence for the requisite preceding period. The Ministry of Justice relied on this interpretation in drafting England’s new post Brexit divorce jurisdictional law, on the basis of following EU law. Now, seemingly, that is not so. What will now be the position in England dealing with cases involving EU Member States? In any event what is the position with transitional cases?’
Family Law, 12th May 2022
Source: www.familylaw.co.uk
‘Actor Laurence Fox is seeking the first jury trial in a libel case for a decade over a social media spat between him and three public figures he called “paedophiles” on Twitter.’
Law Society's Gazette, 28th April 2022
Source: www.lawgazette.co.uk
‘What does it mean to be “in accordance with” an approved plan? Daniel Kolinsky QC and Ben Fullbrook examine a recent High Court ruling.’
Local Government Lawyer, 25th March 2022
Source: www.localgovernmentlawyer.co.uk
‘Songwriters such as Ed Sheeran face a future of drawn out legal battles because the way in which people consume music has changed so much in the past half a century, a leading legal expert has warned, as she urged courts to reconsider how they interpret copyright law.’
The Guardian, 13th March 2022
Source: www.theguardian.com
‘The Advertising Standards Authority (ASA) has rejected a complaint about a TV advert for legal support app Legal Utopia using the word “shyster”.’
Legal Futures, 23rd February 2022
Source: www.legalfutures.co.uk
‘We have noticed assumptions that family courts are familiar with the terms “gaslighting” and “being gaslit”, but is the meaning widely known and understood? A straw poll suggests not. This post will look at the origins of the concept, and its occurrence in modern case law and policy.’
Transparency Project, 11th February 2022
Source: www.transparencyproject.org.uk
‘Shaun O’Neil and Nicola Hyam report on a recent case where a claimant sought to argue that a village road in the Lakes should have been maintained to the standards of a footway.’
Local Government Lawyer, 14th January 2022
Source: www.localgovernmentlawyer.co.uk
‘Section 2 of the Human Rights Act (HRA) requires that domestic courts “take into account” relevant Strasbourg case law when dealing with substantive claims under that Act. The classic authority on the application of this provision remains – for now – that of Lord Bingham: courts should “keep pace with the Strasbourg jurisprudence as it evolves over time: no more but certainly no less”.’
UK Constitutional Law Association, 11th January 2022
Source: ukconstitutionallaw.org
‘The flight delay compensation industry has suffered a blow after appeal judges rejected a claim over a four-stage flight from the US to India that was delayed when leaving Heathrow.’
Legal Futures, 5th January 2022
Source: www.legalfutures.co.uk
‘A common problem with the articles of association is the addition of poorly drafted precedents with unambiguous terms. The court is often asked to make judgments on such provisions and to interpret the true meaning of the words used. To instigate the process of establishing the intention of the parties, it is important to consider firstly the articles in terms of their contractual obligations.’
Bloomsbury Professional Law Online Blog, 22nd November 2021
Source: law.bloomsburyprofessional.com
‘There is no need for new legislation on smart contracts because the existing laws of England and Wales can accommodate them, the Law Commission has said.’
Legal Futures, 25th November 2021
Source: www.legalfutures.co.uk
‘The Court of Appeal is this week hearing a key case on the lawful interpretation of the Environmental Impact Assessment (EIA) Regulations and the end product of developments.’
Local Government Lawyer, 16th November 2021
Source: www.localgovernmentlawyer.co.uk
‘S48(1) of the Administration of Justice Act 1985 empowers the High Court to authorise personal representatives or trustees to take action on the basis of counsel’s opinion where any question of construction has arisen out of the terms of a will or trust. The opinion must be given by counsel with a minimum of 10-years High Court qualification. If so authorised, the personal representative or trustee will be protected from liability for mismanagement of the estate or breach of trust.’
Wilberforce Chambers, 21st October 2021
Source: www.wilberforce.co.uk
‘Mark Wonnacott QC and Harriet Holmes examine an important Court of Appeal ruling on the law relating to mineral reservations.’
Local Government Lawyer, 22nd October 2021
Source: www.localgovernmentlawyer.co.uk
‘The National Planning Policy Framework (NPPF) is silent on whether an earlier oversupply of housing can affect a council’s future five-years land supply for homes.’
Local Government Lawyer, 22nd October 2021
Source: www.localgovernmentlawyer.co.uk
‘Despite the concerns expressed by many commentators ahead of Brexit about the possibility of significant deregulatory reform of employment protection legislation once the United Kingdom left the EU, precious little has been heard subsequently in this regard in terms of specific proposals other than a brief flurry of speculation earlier this year about potential reform of working time, rest break and holiday entitlement provisions. This culminated in the Government’s confirmation that a review of workers’ rights would not be proceeding and its statement, in explaining the failure to include the promised Employment Bill in the most recent Queen’s Speech, that it is “unequivocal in its commitment to protect and enhance workers’ rights as we build back better from the pandemic….”’
UK Labour Law, 22nd September 2021
Source: uklabourlawblog.com
‘Doesn’t time fly. I can’t believe it is almost eight years since Practical Law published my blog on Parkwood Leisure Ltd v Laing O’Rourke Wales and West Ltd. As readers may recall, in that case Akenhead J decided that a collateral warranty (CW) given by Laing in favour of Parkwood was a construction contract for the purposes of the Construction Act 1996, and that accordingly Parkwood could pursue a defects claim under it by way of adjudication. I suggested that the decision was “simply wrong” and could have “highly undesirable ramifications” for the negotiation of CWs going forward. (After an initial flurry, it seems that I may have been wrong on the second count, but let’s draw a veil over that for now.).’
Practical Law: Construction Blog, 2nd September 2021
‘In an important case for package travel claims, the Supreme Court has clarified that a broad approach should be taken to determining the scope of the services provided under a package holiday contract. The tour operator is liable for the performance of ancillary services which are necessary to provide a holiday of the required standard.’
Devereux Chambers, 3rd August 2021
Source: www.devereuxchambers.co.uk
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