High Court to scrutinise restrictions on areas where P has capacity – Doughty Street Chambers

Posted December 11th, 2018 in news by sally

‘Mr Justice Hayden has handed down a judgment concerning LC, a young woman with autism and significant learning disabilities. During the course of proceedings which had lasted five years LC was assessed as having capacity to consent to sexual relations, marry, and make decisions about contraception; but to lack the capacity to make other decisions such as to conduct the proceedings, make decisions about her residence and about her contact with men. As a facet of LC’s autism she was preoccupied with seeking out sexual encounters and a care plan was formulated which permitted LC to have unsupervised contact with others. As the judge observed with “the enormous benefit of hindsight” this led to LC’s safety and dignity being compromised and placed an intolerable burden on those supervising her. The plan attracted significant public criticism. LC now resides in a care home but is able to spend time with her husband. In a sensitive judgment Hayden J endorsed LC’s treatment plan and directed a report from a female clinical psychologist, noting the obligation under the Mental Capacity Act to take steps to promote decision making capacity.’

Full Story

Doughty Street Chambers, 6th November 2018

Source: insights.doughtystreet.co.uk

Where are we now with the Criminal Finance Act 2017 – The New Tax Evasion Offence – Drystone Chambers

Posted December 11th, 2018 in news by sally

‘The Criminal Finance Act 2017 introduced two new offences: some eighteen months on I consider below how it is being used. The offences were first mooted after the panama papers scandal, prompted by the then Prime Minister’s involvement in it. Due to this the offences were considered to be largely politically motivated and the practicalities of using them were not really considered. In my view they will very rarely be used, if at all, but that does not mean that companies do not have to monitor the measures they have put in place to comply with the legislation. The majority of prosecutions are going to come from self disclosures or whistle blowers, if at all.’

Full Story

Drystone Chambers, November 2018

Source: drystone.com

Red line crossed? The Withdrawal Agreement’s arbitration clause – 4 New Square

Posted December 11th, 2018 in news by sally

‘Ending the jurisdiction of the CJEU over the UK is one of the highest-profile ‘red lines’ drawn by Theresa May and emphasised since the Brexit vote in June 2016, under the mantra of “taking back control of our laws”. Since the notion of a two-year transition period was introduced into negotiations between the UK and the EU, it became clear to most that this red line would be crossed for this period at the very least. It may be that the draft Withdrawal Agreement’s arbitration clause is the escape mechanism by which the UK can avoid the jurisdiction of the CJEU and gain a political win, but it might represent a red line crossed for the CJEU itself.’

Full Story

4 New Square, 22nd November 2018

Source: www.4newsquare.com

Faraday Development Ltd v West Berkshire Council: Court of Appeal gives important guidance on development agreements and options, and declares contract ineffective – 11 KBW

Posted December 11th, 2018 in news by sally

‘The Court of Appeal has given judgment in Faraday Development Ltd v West Berkshire Council [2018] EWCA Civ 2532 . The main judgment was given by Lindblom LJ. The claimant’s appeal against the first instance judgment of Holgate J was allowed, and the Court made the first declaration of ineffectiveness seen in an English public procurement case since the remedy was introduced in 2009 (there has previously been one such declaration in Scotland).’

Full Story

11 KBW, 15th November 2018

Source: www.11kbw.com

How has the Wessely Review grappled with the CRPD? – Doughty Street Chambers

Posted December 11th, 2018 in news by sally

‘A couple of weeks ago we held a seminar on how the UN Convention on the Rights of Persons with Disabilities (“CRPD”) could be argued in UK courts and tribunals. The seminar explored the approach that courts around the world have taken in citing and interpreting the CRPD. The judicial route is only one way for international law to trickle down into domestic law. Another obvious way to implement human rights is via law and policy reform.’

Full Story

Doughty Street Chambers, 6th December 2018

Source: insights.doughtystreet.co.uk

High Court rejects challenge by motorcyclists over ban on use of three ‘green lanes’ – Local Government Lawyer

Posted December 11th, 2018 in news by sally

‘Hampshire County Council has successfully defended a legal challenge brought by trail riders over its decision to prohibit the use of three linked ‘green lanes’ by motor vehicles and motor cyles.’

Full Story

Local Government Lawyer, 10th December 2018

Source: www.localgovernmentlawyer.co.uk

Richard Slade & Co v Boodia: Court of Appeal rules in favour of solicitors’ practice on billing – 4 New Square

Posted December 11th, 2018 in news by sally

‘Yesterday [27 November], the Court of Appeal handed down judgment in Richard Slade & Co v Boodia [2018] EWCA Civ 2667, resolving much of the confusion and concern that had fomented around the now reversed High Court decision and the issue of interim statute bills generally.’

Full Story

4 New Square, 28th November 2018

Source: www.4newsquare.com

New Judgment: London Borough of Southwark & Anor v Transport for London [2018] UKSC 63 – UKSC Blog

Posted December 11th, 2018 in news by sally

‘This appeal considered whether the effect of a Transfer Order, which transferred to Transport for London certain roads in London, was only to transfer the surface of the highway and sufficient sub-soil (normally called the two top spits) as is necessary for the maintenance of the surface, or whether it was to transfer to TfL the entire interest held by the council in the land on which the highway ran.’

Full Story

UKSC Blog, 5th December 2018

Source: ukscblog.com

Judgment handed down in the case of O’Brien v Ministry of Justice – Cloisters

Posted December 11th, 2018 in news by sally

‘The case concerns discrimination against part-time judges in the calculation of pensions. The issue is whether periods of service as a part-time judge prior the coming into effect of Part Time Workers Directive (97/81/EC) should be taken into account in calculating the amount of pension to be paid upon retirement.’

Full Story

Cloisters, 7th November 2018

Source: www.cloisters.com

2017 reforms to the NHS charging regime for ‘overseas visitors’ upheld – 11 KBW

Posted December 11th, 2018 in news by sally

‘Judgment was handed down today in R (MP) v Secretary of State for Health and Social Care [2018] EWHC [3392] (Admin). Lewis J upheld the changes to system of charging ‘overseas visitors’ (those not ordinarily resident in the UK) for use of NHS services brought about by the National Health Service (Charges to Overseas Visitors) Amendment Regulations 2017 (“the 2017 Regulations”).’

Full Story

11 KBW, 10th December 2018

Source: www.11kbw.com

Judgment leaves claimants ‘hacked off’ – UK Human Rights Blog

Posted December 11th, 2018 in news by sally

‘By Judgment handed down on 29 November 2018 Lord Justice Davis and Mr Justice Ouseley dismissed the Claimants claims for Judicial Review of the Government’s decision to not embark on ‘Part 2’ of the Leveson Inquiry.’

Full Story

UK Human Rights Blog, 11th December 2018

Source: ukhumanrightsblog.com

Mears Limited v Costplan Services (South East) Limited & Others [2018] EWHC 3363 (TCC) – 4 New Square

Posted December 11th, 2018 in news by sally

‘Mears Limited v Costplan Services (South East) Limited & Others [2018] EWHC 3363 (TCC) concerned the development of student accommodation in Plymouth. Mears Limited (“Mears”) alleged that there were substantial and material deviations from the contractual drawings and sought declarations preventing the certification of practical completion, the practical effect of which was to allow Mears to terminate its agreement to take a lease of the accommodation.’

Full Story

4 New Square, 10th December 2018

Source: www.4newsquare.com

Harry Greenhouse v Paysafe Financial Services Limited – Blackstone Chambers

Posted December 11th, 2018 in news by sally

‘The Commercial Court has found in favour of Mr Greenhouse (represented by Andrew George QC and Daniel Cashman) on every issue before it, in relation to a contractual commission dispute in the gambling/electronic payment sector.’

Full Story

Blackstone Chambers, 30th November 2018

Source: www.blackstonechambers.com

The myth that Article 50 is a one-way street – New Law Journal

Posted December 11th, 2018 in news by sally

‘David Wolchover explains exactly why Article 50 can be unilaterally rescinded.’

Full Story

New Law Journal, 5th December 2018

Source: www.newlawjournal.co.uk

Privilege and Maxwellisation – what can we learn from recent FRC cases? – 4 New Square

Posted December 11th, 2018 in news by sally

‘The same issues often crop up across an array of regulatory work. Legal professional privilege is the most obvious example, with a number of high profile cases arising out of SFO investigations. A second example concerns the rights of third parties to prevent the publication of adverse comment about them in regulatory reports and decisions (‘Maxwellisation’). In this article, Jamie Smith QC and Helen Evans explain how these two issues have arisen in the context of disciplinary investigations and proceedings undertaken by the Financial Reporting Council (FRC), which plays an important role in the regulation of accountants.’

Full Story

4 New Square, 11th December 2018

Source: www.4newsquare.com

British Telecommunications plc v Office of Communications – Blackstone Chambers

Posted December 11th, 2018 in news by sally

‘The Court of Appeal has overturned the Competition Appeal Tribunal’s approach to awarding costs against Ofcom in telecommunications appeals.’

Full Story

Blackstone Chambers, 15th November 2018

Source: www.blackstonechambers.com

New Judgment: S Franses Ltd v The Cavendish Hotel (London) Ltd [2018] UKSC 62 – UKSC Blog

Posted December 11th, 2018 in news by sally

‘This appeal considered the construction of the Landlord and Tenant Act 1954. It specifically considered whether a landlord which intends to carry out works if, and only if, those works are necessary to satisfy s 30(1)(f), and which offers an undertaking to carry out those works in the form of the undertaking given by the respondent in the present case, has the requisite intention for the purposes of ground (f). It also considered whether a landlord whose sole or predominant commercial objective is to undertake works in order to fulfil ground (f) and thereby avoid the grant of a new lease to the tenant, and which offers an undertaking to carry out those works in the form of an undertaking given in the present case, has the requisite intention for the purposes of ground (f).’

Full Story

UKSC Blog, 5th December 2018

Source: ukscblog.com

UK Arbitration Act: Time for a revamp? – 4 New Square

‘Several countries have moved to amend their arbitration legislation, but the UK is yet to modernise its 1996 Arbitration Act, CDR explores what these provisions could look like and whether the market wants it.’

Full Story

4 New Square, 12th November 2018

Source: www.4newsquare.com

Tycoon Vijay Mallya can be extradited to India, UK judge rules – The Guardian

Posted December 11th, 2018 in airlines, banking, debts, extradition, fraud, loans, news by sally

‘Vijay Mallya, the multimillionaire former owner of the Force India Formula One team and self-proclaimed “King of the Good Times”, can be extradited to India to face allegations of fraud.’

Full Story

The Guardian, 10th December 2018

Source: www.theguardian.com

Joseph Barrett succeeds in Art. 50 Notification/EU Referendum legal challenge – 11 KBW

Posted December 11th, 2018 in brexit, EC law, judicial review, news, referendums, time limits by sally

‘Following a day long oral hearing the High Court has dismissed a wide-ranging crowd-funded claim for judicial review which sought to challenge the outcome of the EU Referendum, the giving of Article 50 notification to leave the EU and the alleged subsequent inaction of the Prime Minister in the face of the Electoral Commission’s findings of breaches of campaign finance and other requirements by Vote Leave and other leave campaigners during the 2016 EU Referendum campaign.’

Full Story

11 KBW, 10th December 2018

Source: www.11kbw.com