‘The significance attached to sibling relationships in care and adoption proceedings can be routinely outweighed by other factors, according to a new report funded by the Nuffield Foundation.’
Family Law, 2nd November 2018
Source: www.familylaw.co.uk
‘The government is facing a fresh legal challenge to its proposals to fast-track new fracking sites by loosening planning regulations.’
The Guardian, 4th November 2018
Source: www.theguardian.com
‘The president of the Supreme Court has urged lawyers acting pro bono to remember to apply for pro bono costs orders in any case where costs would normally be awarded.’
Litigation Futures, November 2018
Source: www.litigationfutures.com
‘Radio DJ Paul Gambaccini has secured a payout from prosecutors over unfounded allegations of historical sex offences.’
BBC News, 3rd November 2018
Source: www.bbc.co.uk
‘A police officer who used force systems to make “multiple” searches of three people has been found guilty of gross misconduct.’
BBC News, 3rd October 2018
Source: www.bbc.co.uk
‘More than 1,500 of the UK’s top lawyers have urged Theresa May and MPs to back a second Brexit referendum, saying that “democratic government is not frozen in time”.’
The Guardian, 5th November 2018
Source: www.theguardian.com
‘In a unanimous judgment delivered on 10th October 2018, the Supreme Court reminded practitioners that there is no need to consider the Caparo v Dickman test in every case where the existence of a duty of care is in issue, and that judges must be careful not to conflate issues relevant to the existence of a duty with those relevant to whether or not the duty has been breached.’
Cloisters, 18th October 2018
Source: www.cloisters.com
‘Noting the recent Court of Appeal decision in Grant v Dawn Meats (UK), Stephen Innes and Hannah Daly of 4 New Square consider the options open to Claimants.’
4 New Square, 23rd October 2018
Source: www.4newsquare.com
‘The Supreme Court unanimously and comprehensively reversed the Northern Ireland Court of Appeal’s decision in the “gay cake” case. The Supreme Court, in a decision of considerable significance for the United Kingdom as a whole, and beyond, held that the bakery would have refused to supply this particular cake to anyone, whatever their personal characteristics. So there was no discrimination on grounds of sexual orientation. If and to the extent that there was an arguable case of discrimination on grounds of political opinion, no justification has been shown for overriding the bakery’s ECHR protections against compelled speech.’
Blackstone Chambers, 10th October 2018
Source: www.blackstonechambers.com
‘An interim injunction was granted to a recruitment consultant against a former employee. Since there was a possibility that the restrictive covenant in question might expire before a speedy trial could be heard, the Judge took into account the relative merits of the claim.’
Blackstone Chambers, 1st October 2018
Source: www.employeecompetition.com
‘The Intellectual Property Enterprise Court (Nugee J) has handed down judgment in a claim for damages for infringement of the copyright in two songs by Spandau Ballet. The judgment clarifies two important principles which will be relevant to similar damages claims.’
Blackstone Chambers, 1st November 2018
Source: www.blackstonechambers.com
‘Service of proceedings continues to be a fertile ground for disputes. Meritorious and valuable claims can fail on a technicality given how hard it is to obtain a retrospective extension of time for service of a claim form. Here are ten top tips for avoiding the pitfalls and ascertaining whether your opponent has fallen into one.’
4 New Square, 24th October 2018
Source: www.4newsquare.com
‘With democracy at risk there’s no excuse for legislative inaction, argue Alison Foster QC, Tom Tabori and Gethin Thomas who make the case for reform and put forward proposals for change.’
Counsel, November 2018
Source: www.counselmagazine.co.uk
‘In 1973, when the UK acceded to the EU, the new legal order profoundly affected the interpretation of UK statutes, including tax statues. The infringement procedure has often led to changes in UK law, although not always to the extent initially requested. Corporation tax has become the best-known area of EU influence, with litigation over dividends, tax credits, cross-border tax relief and controlled foreign companies. EU law necessarily governs VAT, although member states are given considerable discretion both by the legislator and the courts. The doctrine of abuse of right derives from the EU legal order but the UK has played a major role in developing it. EU law has affected the activity of tax authorities, the structure of the system of appeals and the permitted structure of taxes, as well as substantive tax law. HMRC has become used to cooperation between tax authorities in the single market, and a role for EU law may arise through the terms of the EU/UK trade agreement, as well as through domestic legislation.’
39 Essex Chambers, 29th October 2018
Source: www.39essex.com
‘HMRC’s civil information powers are set out in Schedule 36 to Finance Act 2008. Part 1 of that schedule sets out HMRC’s powers to obtain information and documentation by way of written notices (often referred to as ‘information notices’). Given HMRC has in recent years made increasing use of the information notice powers, and given HMRC is currently consulting on extending the information notice powers (see Amending HMRC’s Civil Information Powers, 10 July 2018), now seems an opportune time to recap on the extent of those powers and the scope for challenging information notices.’
11 KBW, 22nd October 2018
Source: www.11kbw.com
‘Can Yeginsu (4 New Square Chambers) and Ceyda Knoebel (Gibson Dunn) examine the definition of “investment”, often a critical threshold question of jurisdiction in investor state arbitration.’
4 New Square, 5th October 2018
Source: www.4newsquare.com
‘Mr Barton attempted to serve proceedings at the very end of the period of the validity of his claim form, which Lord Sumption described as courting disaster. Mr Barton tried to serve it by email but that was invalid because Berrymans Lace Mawer LLP, the solicitors acting for the defendant, had not agreed to accept service of the proceedings by email. By the time the appeal reached the Supreme Court there was no issue about the fact that service was invalid and the case simply turned upon whether a retrospective validation of service should be granted.’
4 New Square, 24th October 2018
Source: www.4newsquare.com
‘Four key points for the limitation period for contract and tort claims. Limitation is fiendishly complex – these are some fundamentals for an ‘all-or-nothing’ defence affecting every claim.’
4 New Square, 25th October 2018
Source: www.4newsquare.com
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