‘Ahead of the planned parliamentary vote on the UK / EU Withdrawal Agreement, many EU nationals remain concerned about their future status in the UK, particularly in the event of a no-deal Brexit. So what do we know at this stage?’
Technology Law Update, 10th December 2018
Source: www.technology-law-blog.co.uk
‘Lawyers acting for families with disabled children have threatened Somerset County Council with a legal challenge over proposed cuts to services that would save £2m over the next two years.’
Local Government Lawyer, 10th December 2018
Source: www.localgovernmentlawyer.co.uk
‘The President of the Family Division has issued guidance on two aspects of anonymisation and the avoidance of identification of children in judgments placed in the public arena.’
Local Government Lawyer, 7th December 2018
Source: www.localgovernmentlawyer.co.uk
‘An auction house has failed to establish litigation privilege over correspondence with experts about whether or not a painting it sold was counterfeit, in a case brought by the seller of that painting.’
OUT-LAW.com, 10th December 2018
Source: www.out-law.com
‘Today the Court of Justice of the European Union delivered its judgment in Wightman. This followed the opinion of Advocate General Campos Sánchez-Bordona, concluding that the UK may unilaterally revoke its notification of its intention to leave the EU. In a similar manner to the AG, the CJEU placed conditions on this unilateral revocation. A formal process would be needed to notify the European Council of the UK’s intention to revoke article 50. Such notice of revocation would have to be unequivocal and unconditional (para 74), and, importantly, ‘in accordance with the constitutional requirements of the Member State’, in this case, the UK, and following a ‘democratic process’ (para 66). It would also have to take place before the end of the Article 50 negotiation period, or any agreed extension, and before a Withdrawal Agreement between the exiting state and the EU had been ‘concluded’ – i.e. entered into force (para 73). In addition, the AG’s opinion was that any revocation would have to be in ‘good faith’ and in line with the requirement of ‘sincere cooperation’ between the Member State and the EU and. Further, although not required, it would be reasonable for the Member State to provide its reasons for revoking the Article 50 notification.’
UK Constitutional Law Association, December 2018
Source: ukconstitutionallaw.org
‘The rarely used “commonhold” system of home ownership should be expanded as an alternative to landlord-controlled leaseholds which are increasingly resented, the Law Commission is recommending.’
The Guardian, 10th December 2018
Source: www.theguardian.com
‘When is a private appointment a matter of public law? In an important case on this issue, R (on the application of Holmcroft Properties Ltd) v KPMG LLP [2018] EWCA Civ 2093, the Court of Appeal recently upheld the Divisional Court’s decision that KPMG was not amenable to judicial review when acting as an independent reviewer, whose appointment by a bank was approved by the Financial Services Authority.’
Law Society's Gazette, 10th December 2018
Source: www.lawgazette.co.uk
‘This was an appeal from the decision of the Court of Appeal in Warner-Lambert Company LLC v Generics (UK) Ltd (t/a Mylan) and Others [2016] EWCA Civ 1006 which I discussed in The Pregabalin Appeal: Generics v Warner-Lambert 17 Oct 2016. In that appeal, the Court of Appeal upheld the decision of Mr Justice Arnold in Generics (UK) Ltd (t/a Mylan) v Warner-Lambert Company LLC [2016] RPC 3, [2015] EWHC 2548 (Pat), [2015] CN 1499 which I blogged in The Pregabalin Trial: Generics (UK) Ltd v Warner-Lambert Company LLC 18 Sept 2015 and his refusal to allow the patent to be amended in Generics (UK) Ltd (t/a Mylan) v Warner-Lambert Company LLC [2016] RPC 16, [2015] EWHC 3370 (Pat).’
NIPC Law, 6th December 2018
Source: nipclaw.blogspot.com
‘The legal burden of disproving a claim for negligence when cargo is lost or damaged at sea rests with the carrier of the goods, the UK’s highest court has ruled.’
OUT-LAW.com, 10th December 2018
Source: www.out-law.com
‘A mother who treated her baby as a “fashion accessory” has been jailed with her ex-partner for 10 years each for being responsible for the “brutal” death of her three-week-old son.’
Daily Telegraph, 7th December 2018
Source: www.telegraph.co.uk
‘Occupying a prime spot in the beautiful Conwy Valley the ancient castle of Gwydir boasts a reputation as one of the finest Tudor houses in Wales.’
Daily Telegraph, 9th December 2018
Source: www.telegraph.co.uk
‘A litigation-focused legal and accountancy alternative business structure (ABS), which opened for business earlier this month, is set to benefit from an “explosion” in contested probate cases.’
Legal Futures, 10th December 2018
Source: www.legalfutures.co.uk
‘“Purely commercial discussions” within a business about settling a dispute before litigation has begun are not protected by litigation privilege, the Court of Appeal has ruled.’
Litigation Futures, 10th December 2018
Source: www.litigationfutures.com
‘A Bristol property owner has been fined £18,000 for allowing the spread of Japanese knotweed, after what is thought to be one of the first prosecutions nationally using the Anti-Social Behaviour, Crime and Policing Act 2014 to tackle the issue.’
Local Government Lawyer, 7th December 2018
Source: www.localgovernmentlawyer.co.uk
‘In 1973, a 20-year-old man murdered and mutilated his friends’ three young children. No motive has ever been established and he has never expressed regret. Now, 45 years after being jailed, David McGreavy is due to walk the streets again.’
BBC News, 8th December 2018
Source: www.bbc.co.uk
‘The UK can unilaterally stop the Brexit process, the European court of justice has said in a ruling that will boost demands for a second EU referendum.’
The Guardian, 10th December 2018
Source: www.theguardian.com
‘Simon Goodley explains how the Guardian uncovered the secret world of convicted landlords who continue to operate – and exploit – with impunity.’
The Guardian, 8th December 2018
Source: www.theguardian.com
‘A man named as a suspect in the racist murder of Stephen Lawrence has been sentenced to nine years in prison for his part in a multi-million drugs plot, despite attempts by his defence counsel to use the controversy surrounding the killing as grounds for leniency.’
Daily Telegraph, 7th December 2018
Source: www.telegraph.co.uk
‘A teenager who sent thousands of hoax bomb threats to schools and triggered an American airline security scare has been jailed for three years.’
BBC News, 7th December 2018
Source: www.bbc.co.uk
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