Derek Hodd Ltd v Climate Change Capital Ltd [2013] EWHC 1665 (Ch); [2013] WLR (D) 238
“Where there had been a misnomer of a party to an agreement the court was able to take into account the same evidence of the background as would be admissible for the purpose of interpreting the contract, including any relevant course of dealing between the parties.”
WLR Daily, 14th June 2013
Source: www.iclr.co.uk
Does the law need to be rectified? Chartbrook revisited (PDF)
The Chancery Bar Association, Annual Lecture 2013
Source: www.chba.org.uk
Ahmadi v Secretary of State for the Home Department: [2013] EWCA Civ 512; [2013] WLR (D) 170
“Where a notice of immigration decision contained combined notice of both a refusal of an application for variation of leave to remain and a decision that the applicant should be removed by way of directions under section 47 of the Immigration, Asylum and Nationality Act 2006, the removal decision was invalid.”
WLR Daily, 9th May 2013
Source: www.iclr.co.uk
“As all education lawyers know, the parent of a child who fails to attend school regularly commits a criminal offence punishable by a fine of up to £1000 (section 444(1) of the Education Act 1996). If the parent knows her child is failing to attend school and fails to cause her to do so, the ‘aggravated’ form of the offence (section 444(1A)) is committed which is punishable by a fine of up to £2500 and/or up to 3 months’ imprisonment. One of the statutory defences to both charges is that the child was prevented from attending ‘by reason of sickness or any unavoidable cause’ (section 444(2A)). It is a defence to the aggravated charge to prove reasonable justification for the failure to cause the child to attend (section 444(1B)).”
Education Law Blog, 10th May 2013
Source: www.education11kbw.com
“Christians are to launch a landmark legal case arguing their religion is being treated as a ‘thought crime’ by government and courts.”
Daily Telegraph, 20th April 2013
Source: www.telegraph.co.uk
“The act of communication to the public for the purposes of article 3(1) of Parliament and Council Directive 2001/29/EC and section 20 of the Copyright, Designs and Patents Act 1988 occurred both where the communication originated and where it was received.”
WLR Daily, 28th February 2013
Source: www.iclr.co.uk
“When a litigator enters into settlement discussions, the general rule is that the content of those communications are protected by the Without Prejudice Rule and cannot be relied upon as evidence in court if the case doesn’t settle. This rule, however, does not constitute a blanket ban. In this note James Barnard reminds us of the Without Prejudice Rule framework, its recognised exceptions and how the Supreme Court case of Oceanbulk Shipping & Trading SA v TMT Asia Ltd [2010] UKSA 44 created another wide-ranging exception.”
Full story (PDF)
11 Stone Buildings, February 2013
Source: www.11sb.com
“Does accommodation available for occupation by a person and those reasonably expected to reside with them have to be in one unit of accommodation?”
NearlyLegal, 24th February 2013
Source: www.nearlylegal.co.uk
Sharif (FC) (Respondent) v The London Borough of Camden (Appellant) [2013] UKSC 10 | UKSC 2011/0117 (YouTube)
Supreme Court, 20th February 2013
“Introductory tenancies require a notice under s.128 Housing Act 1996 to be served before possession proceedings. That notice shall inform the tenant of his right to request a review of the landlord’s decision to seek an order for possession and of the time within which such a request must be made. [s.128(6)]”
NearlyLegal, 26th January 2013
Source: www.nearlylegal.co.uk
“The Government is consulting on new laws which would extend producers’ and performers’ rights in sound recordings from 50 to 70 years.”
OUT-LAW.com, 9th January 2013
Source: www.out-law.com
“Section 72(1)(c) of the Copyright, Designs and Patents Act 1988, as amended, which provided, inter alia, that the showing or playing in public of a broadcast to an audience who had not paid for admission to the place where the broadcast was to be seen or heard did not infringe any copyright in any film included in it, provided a defence to the act of communicating a film included in a broadcast to the public, which would otherwise be an act restricted by copyright under section 20 of the Act.”
WLR Daily, 20th December 2012
Source: www.iclr.co.uk
“The government has been handed a mild reprimand by the Council of Europe for its delaying tactics over giving prisoners the right to vote.”
The Guardian, 10th December 2012
Source: www.guardian.co.uk
Yeates and another v Line and another [2012] EWHC 3085 (Ch); [2012] WLR (D) 319
“An oral compromise agreement was not void by virtue of section 2(1) of the Law of Property (Miscellaneous Provisions) Act 1989 merely because it had a disposing effect. The compromise agreement was not an agreement for ‘the sale or other disposition of an interest in land’ within the meaning of section 2(1), so that despite being oral it was a valid contract.”
WLR Daily, 12th November 2012
Source: www.iclr.co.uk
“Eleven Winterbourne View staff have pleaded guilty to 38 charges of ill-treatment and neglect of a mental health patient under s127 Mental Health Act 1983 (MHA). In this post I want to consider why we need ‘special’ offences like s127 MHA and also s44 Mental Capacity Act 2005 (MCA), rather than prosecuting crimes in care settings using more ‘mainstream’ offences.”
UK Human Rights Blog, 14th August 2012
Source: www.ukhumanrightsblog.com
“It is no part of the court of construction to improve a document.”
NearlyLegal, 10th August 2012
Source: www.nearlylegal.co.uk
“A recent High Court decision which appears to confirm that the failure to serve notice of intention to appoint an administrator on the relevant company does not invalidate the appointment leaves unanswered questions, a restructuring law expert has said.”
OUT-LAW.com, 6th August 2012
Source: www.out-law.com
“Thomas Pascoe in the Telegraph gives a familiar layperson’s lament about the amount and complexity of legislation in the UK.”
Halsbury’s Law Exchange, 31st July 2012
Source: www.halsburyslawexchange.co.uk
“Sally Gore, barrister, of 14 Gray’s Inn Square, examines developments concerning applications for assessment under section 38(6) of the Children Act 1989 culminating in the Court of Appeal’s clarification in S (A Child) [2011].”
Family Law Week, 27th July 2012
Source: www.familylawweek.co.uk
“The government has ‘painted itself into a corner’ over its refusal to grant prisoners’ voting rights, according to Europe’s most senior human rights official.”
The Guardian, 15th July 2012
Source: www.guardian.co.uk
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