Why a computer could help you get a fair trial – The Guardian

‘Recent research suggests that AI could make a valuable contribution to the judicial process.’

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The Guardian, 13th August 2017

Source: www.theguardian.com

Judge calls for clarity on status of ECJ rulings in UK after Brexit – The Guardian

Posted August 8th, 2017 in brexit, EC law, judges, judgments, news, parliament, treaties by sally

‘The government must provide clarity on whether it wants UK courts to take into account rulings of the European court of justice after Brexit, one of Britain’s most senior judges has said.’

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The Guardian, 8th August 2017

Source: www.theguardian.com

Collective (in)action? The CAT’s recent judgments on collective proceedings orders – Competition Bulletin

‘At first glance, two recent judgments from the CAT may give the impression that the new UK class action regime is dead in the water. However, on closer inspection there is much in these judgments that prospective claimants will welcome.’

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Competition Bulletin, 4th August 2017

Source: competitionbulletin.com

Council victorious in appeal over sex shop licensing fees – OUT-LAW.com

‘Westminster City Council can recover “reasonable” licensing fees and enforcement costs charged to various sex shops in Soho, London, even though these fees were later found to be in breach of an EU directive, the UK’s highest court has ruled.’

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OUT-LAW.com, 21st July 2017

Source: www.out-law.com

Digital pirates – on a sinking ship? – Law Society’s Gazette

Posted July 19th, 2017 in copyright, EC law, international courts, internet, judgments, news, piracy by sally

‘On 14 June 2017, the Court of Justice of the European Union (CJEU) handed down its long-awaited judgment in Stichting Brein v Ziggo BV (C-610/15), concerning the activities of controversial file-sharing platform The Pirate Bay (TPB).’

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Law Society's Gazette, 17th July 2017

Source: www.lawgazette.co.uk

Charity issues guidance on publication of judgments about family matters – Local Government Lawyer

Posted July 11th, 2017 in family courts, judgments, law centres, news by sally

‘The Transparency Project has published a new guide designed to help parties in the family justice system “navigate the complicated issue of publishing judgments about private family matters”.’

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Local Government Lawyer, 10th July 2017

Source: www.localgovernmentlawyer.co.uk

Implementation of ECHR judgments – have we reached a crisis point?- Lucy Moxham – UK Human Rights Blog

‘Last month, the Bingham Centre for the Rule of Law and Leicester Law School convened a public event that asked an expert panel to consider these issues. Speakers included Merris Amos (Queen Mary University London); Dr Ed Bates (Leicester Law School); Eleanor Hourigan (Deputy Permanent Representative, UK Delegation to the Council of Europe); Nuala Mole (The AIRE Centre); and Prof Philip Leach (EHRAC, Middlesex University London and the European Implementation Network). Murray Hunt (Legal Adviser to the UK Joint Committee on Human Rights and incoming Director of the Bingham Centre) chaired the event.’

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UK Human Rights Blog, 7th July 2017

Source: ukhumanrightsblog.com

Appeal court confirms scope of presumption in favour of sustainable development – OUT-LAW.com

Posted July 10th, 2017 in appeals, housing, interpretation, judgments, news, planning by sally

‘The Court of Appeal has confirmed that the presumption in favour of sustainable development, as set out in paragraph 14 of the National Planning Policy Framework (NPPF), should only be treated as a material consideration by a planning inspector in the limited circumstances set out in that paragraph and not in any other circumstances.’

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OUT-LAW.com, 7th July 2017

Source: www.out-law.com

How does the costs budget affect the final bill? – Court of Appeal provides guidance in Harrison – Zenith PI

‘Recent uncertainty as to how a costs budget impacts on the final bill in relation to both incurred and estimated costs has, to some extent, been resolved by the judgment in Harrison v University Hospitals Coventry & Warwickshire NHS Trust [2017] EWCA Civ 792.’

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Zenith PI, 6th July 2017

Source: zenithpi.wordpress.com

Brexit will prove Britain’s judges are the best in the world, says new Justice Secretary – Daily Telegraph

Posted July 6th, 2017 in brexit, choice of forum, EC law, judgments, judiciary, news, speeches, treaties by sally

‘Brexit will see Britain’s top judges prove they are the best in the world, the new Justice Secretary has insisted.’

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Daily Telegraph, 6th July 2017

Source: www.telegraph.co.uk

Lord chief justice urges enforceability of EU rulings in UK post-Brexit – The Guardian

Posted July 6th, 2017 in brexit, EC law, enforcement, judges, judgments, news, treaties by sally

‘Ministers must work faster to ensure that after Brexit UK and EU court judgments are mutually recognised and enforced, the lord chief justice has urged.’

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The Guardian, 5th July 2017

Source: www.theguardian.com

Revised Benefit Cap Unlawfully Discriminates Against Lone Parents With Children Under Two, High Court Rules – Garden Court Chambers

‘In a robustly worded judgment handed down today, Mr Justice Collins found the revised benefits cap operated to unlawfully discriminate lone parents with children under the age of two and those children under the age of two.’

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Garden Court Chambers, 22nd June 2017

Source: www.gardencourtchambers.co.uk

Nicholas Siddall on Employment Tribunal Costs: New Guidance – Littleton Chambers

Posted July 5th, 2017 in civil procedure rules, costs, employment tribunals, judgments, news by sally

‘Nicholas Siddall analyses the recent judgment of the EAT in Swissport v Exley & Ors [2017] UKEAT/007/16 (Slade J) in which he successfully appeared and the interesting observations therein made by the EAT as to the correct approach to assessing costs in the Employment Tribunal.’

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Littleton Chambers, 30th June 2017

Source: www.littletonchambers.com

Liability of trustees in bankruptcy: important new Court of Appeal case – 4 New Square

Posted June 9th, 2017 in bankruptcy, fiduciary duty, judgments, news, trustees in bankruptcy by sally

‘The liability of trustees in bankruptcy to bankrupts is a curiously under – developed area of law. There has been a lack of clarity the circumstances in which a trustee can be liable to a bankrupt personally (rather than liable for losses to the bankrupt’s estate). However, this issue came before the Court of Appeal last month (judgment handed down 25 May 2017).’

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4 New Square, 8th June 2017

Source: www.4newsquare.com

Not “wrong in law” for judges to change transcripts – Litigation Futures

Posted May 19th, 2017 in amendments, judgments, judiciary, news, reasons by tracey

‘It is not “wrong in law” for judges to amend transcripts of judgments to better explain the reasons behind their decisions, the High Court has held.’

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Litigation Futures, 19th May 2017

Source: www.litigationfutures.com

Charlene Ashiru on Protecting Your Judgment: A New Tort of Asset-Stripping? – Littleton Chambers

‘Whilst it might be tempting as a Defendant company to dissipate assets to avoid Judgment debts, it is ill-advised and is unlikely to provide an easy escape.’

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Littleton Chambers, 16th May 2017

Source: www.littletonchambers.com

Decorated Royal Marine cleared of photobomb sex assault at university ball – Daily Telegraph

Posted May 15th, 2017 in assault, judgments, news, sexual offences, universities by sally

‘A decorated Royal Marine who was accused of sexually assaulting a student at her graduation ball while photobombing a picture has been cleared.’

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Daily Telegraph, 12th May 2017

Source: www.telegraph.co.uk

Court of Appeal decides Supreme Court ruling in Hesham Ali is already redundant – Free Movement

Posted April 20th, 2017 in appeals, human rights, immigration, judgments, news, precedent, Supreme Court by sally

‘The Court of Appeal has in the case of NE-A (Nigeria) v Secretary of State for the Home Department [2017] EWCA Civ 239 decided that the Supreme Court’s landmark judgment in Hesham Ali [2016] UKSC 60 is confined to cases in which the Immigration Rules are applied and does not apply to cases decided under the statutory human rights considerations introduced by the Immigration Act 2014.’

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Free Movement, 18th April 2017

Source: www.freemovement.org.uk

Lady Hale on indirect discrimination: Essop and Naeem – Law & Religion UK

‘In Essop & Ors v Home Office (UK Border Agency) [2017] UKSC 27, there were two conjoined cases: Essop and Naeem v Secretary of State for Justice. The Supreme Court gave a unanimous judgment on both.’

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Law & Religion UK, 7th April 2017

Source: www.lawandreligionuk.com

Collective Proceedings in the CAT: mobility scooters roll on for now – Competition Bulletin from Blackstone Chambers

‘Last Friday the CAT handed down a judgment on the first ever-application for a collective proceedings order under the new regime introduced by the Consumer Rights Act 2015. The judgment will generally be welcomed by potential claimants, but it has a sting in the tail which may cause serious difficulties for class actions in other vertical infringement cases.’

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Competition Bulletin from Blackstone Chambers, 6th April 2017

Source: www.competitionbulletin.com