‘A recent judgment by the Court of Appeal provides important guidance on the territorial jurisdiction of the UK employment tribunals, particularly on the extent of statutory whistleblower protections for workers, an expert has said.’
OUT-LAW.com, 24th October 2018
Source: www.out-law.com
‘Lee v Ashers Baking Company Ltd [2018] UKSC 49 (“gay cake”case) has probably not escaped the attention of any public lawyer. As Anurag Deb & Conor McCormick have usefully pointed out in a recent blog post, however, what may have been overlooked is that this case is not only important from a human rights or equality perspective, but from an administrative law perspective too. This is because the case contains a judgment, delivered by Lord Mance, which offers the unanimous court’s view on the meaning of a finality clause contained in the County Courts (Northern Ireland) Order 1980.’
UK Constitutional Law Association, 23rd October 2018
Source: ukconstitutionallaw.org
‘On 10 October 2018, the UK Supreme Court handed down its judgment in Lee v Ashers Baking Company Ltd [2018] UKSC 49, sparking much debate and commentary. The judgment is legally important for how it conceptualises freedom of expression, and for the surprising evidence of judicial overreaching it contains. Given that others have already considered the former issue in some depth (see Chandrachud and Rowbottom on this blog alone), we focus on the latter in this post.’
UK Constitutional Law Association, 18th October 2018
Source: ukconstitutionallaw.org
‘The last time I looked at the dispute between Rawlings Consulting (UK) Ltd and Maelor Foods Ltd, I was talking about HHJ Eyre’s judgment and how the arbitration clause in a JCT standard building contract can “trump” a Part 8 application for declaratory relief. This time, I’m looking at HHJ Stephen Davies’ judgment and Maelor’s (the employer) jurisdictional challenge, based on the argument that the dispute which Rawlings (the contractor) referred to adjudication arose under more than one contract.’
Practical Law: Construction Blog, 2nd October 2018
‘Judges do not have power to order a solicitor to give a former client copies of documents which are the property of the solicitor, the High Court has ruled.’
Litigation Futures, 1st October 2018
Source: www.litigationfutures.com
‘The Law Commission has launched a consultation on how employment law disputes are decided, in a bid to resolve problems caused by the allocation of jurisdiction.’
Local Government Lawyer, 28th September 2018
Source: www.localgovernmentlawyer.co.uk
‘Raychaudhuri v General Medical Council [2018] EWCA Civ 2027. On 14th September 2018 the Court of Appeal allowed an appeal by a doctor against a finding that his fitness to practice was impaired by reason of dishonesty.’
UK Human Rights Blog, 27th September 2018
Source: ukhumanrightsblog.com
‘The jurisdiction of employment tribunals, and the areas where they share jurisdiction with the civil courts to hear employment and discrimination claims, are being independently reviewed in a consultation paper. The Law Commission – an independent body set up to reform the law – has today published a consultation paper which asks questions about many areas of shared and exclusive jurisdiction to hear employment law and discrimination law claims.’
Law Commission, 26th September 2018
Source: www.lawcom.gov.uk/
‘Yesterday [13 September] the Government published the first of its guidance dealing with justice matters in the event of the UK leaving the EU with “no deal” on 29 March 2019. The Ministry of Justice published a technical notice on handling civil legal cases, which includes consideration of co-operation between the UK and the EU in family matters following Brexit.’
Family Law, 14th September 2018
Source: www.familylaw.co.uk
‘The recent decision of the High Court in Vattenfall AB v Prysmian SpA [2018] EWHC 1694 (Ch) is another example of claimants being allowed to use non-addressee English subsidiaries as anchor defendants for their competition damages claims. It is also another example of the court considering but not actually having to decide the interesting legal points around attribution of liability which potentially arise in such cases.’
Competition Bulletin from Blackstone Chambers, 7th September 2018
Source: competitionbulletin.com
‘More than £413,000 has been spent by Sheffield City Council on legal proceedings against tree felling protestors, the BBC has learned.’
BBC News, 3rd September 2018
Source: www.bbc.co.uk
‘A Guernsey-registered online gambling company can pursue a conspiracy claim against a group of Peruvian-resident customers in the English courts, the Court of Appeal has ruled.’
OUT-LAW.com, 10th August 2018
Source: www.out-law.com
‘The Court of Appeal has strongly criticised a Queen’s Bench Master who allowed six boxes of court documents to be removed from the High Court by a non-party without notifying the defendant.’
Litigation Futures, 9th August 2018
Source: www.litigationfutures.com
‘Dana Feinsohn, trainee solicitor in the litigation and arbitration team at CMS, comments on the decision handed down by the UK Supreme Court in the matter of Goldman Sachs International v Novo Banco S.A. [2018] UKSC 34.’
Supreme Court Blog, 17th July 2018
Source: ukscblog.com
‘Claims brought against Novo Banco, the bank set up by the Portuguese central bank following the collapse of Banco Espirito Santo (BES) in 2014, must be heard in Portugal, the UK’s highest court has confirmed.’
OUT-LAW.com, 5th July 2018
Source: www.out-law.com
‘Claims brought against Novo Banco, the bank set up by the Portuguese central bank following the collapse of Banco Espirito Santo (BES) in 2014, must be heard in Portugal, the UK’s highest court has confirmed.’
OUT-LAW.com, 5th July 2018
Source: www.out-law.com
‘Michael Horton, barrister at Coram Chambers explains the jurisdiction of the family court in relation to enforcement proceedings and highlights considerations which impact on the drafting of recitals to consent orders.’
Family Law Week, 4th July 2018
Source: www.familylawweek.co.uk
‘Avon Ground Rents Ltd v Child [2018] UKUT 204 (LC). As many readers of this blog will be aware we have a number of different courts and tribunals involved in residential property. In some cases, notably leasehold service charges, there is sometimes a need to engage with two of these entities (namely the County Court and the First Tier Tribunal) in the same matter. This situation arises particularly where a money judgement or possession order is sought for non-payment of service charges and is defended on the basis that the charge is unreasonable or excessive. This question is properly a matter for the FTT and under s176A of the Commonhold and Leasehold Reform Act 2002 the County Court may transfer to the FTT “so much of the proceedings as relate to the determination of that question”. This is an enormous amount of hassle and in an effort to improve the situation there has been a CJC-led pilot running whereby FTT Judges (all of whom are also County Court judges by virtue of s5, County Courts Act 1984) actually sit “double-hatted” dealing with the FTT and Courts aspects in one go. This has been described in an entertaining speech by Vos LJ as a “sticking plaster” and is one of the reasons for calls for reform and a single Housing Court (although see NL on that topic here).’
Nearly Legal, 28th June 2018
Source: nearlylegal.co.uk
‘Lucia Clark, Partner (dual-qualified in English and Scottish family law) and Alex Critchley, Solicitor, both of Morton Fraser LLP consider the implications of the recent Court of Appeal judgment in Villiers v Villiers.’
Family Law Week, 18th June 2018
Source: www.familylawweek.co.uk
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