‘The government expects to refund £33m to employment tribunal claimants after the Supreme Court ruled tribunal fees unlawful.’
Litigation Futures, 20th October 2017
Source: www.litigationfutures.com
‘When does the claimant’s cause of action accrue in a professional negligence case? In particular, at what point has the claimant suffered a recoverable loss? This question is of course most relevant when a potential limitation defence arises under section 2 of the Limitation Act 1980, and is an issue that the courts have struggled with for some time. The recent case of Halsall v Champion Consulting Limited [2017] EWHC 1079 (QB) serves as a useful reminder of the difficulties that can arise in this area.’
Hardwicke Chambers, 17th October 2017
Source: www.hardwicke.co.uk
‘In his previous article of 26th July 2017 Steven discussed the potential benefits of obtaining borough-wide Injunctions preventing anyone entering green spaces with vehicles, (most commonly mobile homes and caravans) and then fly-tipping industrial scale waste. This article deals with the fact that it is becoming increasingly clear that, where one local authority obtains protection in the form of a borough-wide injunction to prevent incursions onto its green spaces, a neighbouring borough becomes vulnerable to an increase in incursions.’
Hardwicke Chambers, 19th October 2017
Source: www.hardwicke.co.uk
‘Introduced by the Housing Grants Construction and Regeneration Act 1996, the statutory adjudication scheme is a well-established dispute resolution mechanism within the UK construction industry. The scheme is often referred to as a ‘pay now, argue later’ mechanism which seeks to maintain cashflow during construction projects by providing a cost-effective and swift means of determining disputes. Although an adjudication award is binding, it is not final. However, in practice an adjudication award is often the final resolution of a dispute.’
Law Society's Gazette, 23rd October 2017
Source: www.lawgazette.co.uk
‘A ban on estate agents charging solicitors referral fees along with loosening the restriction on conveyancers acting for both seller and buyer were suggested by the government yesterday as possible reforms to improve the home-buying process.’
Legal Futures, 23rd October 2017
Source: www.legalfutures.co.uk
‘New rules regarding the rights and obligations that arise in relation to the deployment and maintenance of mobile phone masts and other telecoms infrastructure are “expected to take effect in December”, according to the UK government.’
OUT-LAW.com, 20th October 2017
Source: www.out-law.com
‘A man who shared sexual abuse images of children as young as eight months has been jailed for two years.’
The Guardian, 20th October 2017
Source: www.theguardian.com
‘Websites that do not prevent the sale of illegal goods are complicit in cyber-crime, a crime chief has said.’
BBC News, 23rd October 2017
Source: www.bbc.co.uk
‘The law of vicarious liability is on the move” proclaimed Lord Phillips in the last judgment he delivered as President of the Supreme Court: Various Claimants v Catholic Child Welfare Society [2012] UKSC 56, (“the Christian Brothers case”). In a judgment recently handed down by the Supreme Court in the case of Armes (Appellant) v Nottinghamshire County Council (Respondent) [2017] UKSC 60, His Lordship has been proved correct.’
UK Human Rights Blog, 23rd October 2017
Source: ukhumanrightsblog.com
‘Children in contact with the public law system are more likely to offend and commit multiple offences between the ages of 10 and 17 than those of the equivalent age group in the general population, according to an analytical summary published by the Ministry of Justice this week.’
Family Law, 20th October 2017
Source: www.familylaw.co.uk
‘Laws that place restrictions on the ‘profiling’ of individuals do not just apply to data processing completed entirely automatically, EU data protection authorities have said.’
OUT-LAW.com, 20th October 2017
Source: www.out-law.com
‘An ex-police officer who secretly filmed sexual encounters with seven women on his mobile phone has been jailed for three years.’
BBC News, 20th October 2017
Source: www.bbc.co.uk
‘Video-conferencing threatens defendants’ rights and undermines trust in the justice system, according to a report on the government’s drive towards so-called “trial by Skype”.’
The Guardian, 23rd October 2017
Source: www.theguardian.com
‘Pension rights in divorce or dissolution settlements can often amount to the largest asset after the equity in the family home. Professional advisers therefore need to pay close attention to this aspect of the ‘family estate’. This article discusses valuation issues in order to provide a basis for a negotiated settlement which reflects the capital value in present-day terms of the pension rights of one or both parties and identifies areas in which solicitors may need help from forensic accountants.’
Family Law, 20th October 2017
Source: www.familylaw.co.uk
‘Regulators have launched a crackdown on child gambling by demanding online gambling sites remove “unacceptable” adverts featuring cartoon characters likely to appeal to children.’
The Guardian, 22nd October 2017
Source: www.theguardian.com
‘A recent Commercial Court case, Chudley v Clydesdale Bank plc has provided a rare comment on the application of the Contract (Rights of Third Parties) Act 1999 (the 1999 Act) and, in particular, on how you decide whether the contract adequately identifies the third party so as to allow them to enforce the contract.’
Hardwicke Chambers, 20th October 2017
Source: www.hardwicke.co.uk
‘The Court determined that restrictive covenants created by two conveyances dating back to 1910 continued to affect the Claimant’s property and were in principle enforceable by injunction by any or all of the Defendants against the Claimant.’
Tanfield Chambers, 12th October 2017
Source: www.tanfieldchambers.co.uk
‘The decision of the Court of Appeal in Johnson v Ministry of Defence [2013] P.I.Q.R. P7, [2012] E.W.C.A. Civ 1505 provides a potential “knockout blow” for Defendants in noise-induced hearing loss limitation trials where attributability is disputed by the Claimant.’
Zenith Chambers, 13th October 2017
Source: www.zenithchambers.co.uk
‘A term would be implied into an option agreement, requiring the purchaser/developer of a plot of land to sell the properties that he had newly constructed, within a reasonable period of time, so held the High Court. The clause was necessary as a matter of business efficacy and without it the option agreement lacked commercial coherence. The Court also deemed the clause to be so obvious that it went without saying. (Marks & Spencer PLC v BNP Paribas Securities Services [2015] UKSC 72; [2016] AC 742 considered).’
Tanfield Chambers, 12th October 2017
Source: www.tanfieldchambers.co.uk
‘The standard, if unimaginative, attack on a timeshare contract is an action in breach of contract and claiming or claiming and damages under section 2(1) of the Misrepresentation Act 1967. This is a perfectly logical and valid start, but as I have written before, and will write again, the classic action in misrepresentation is a very cumbersome and formalistic cause of action. It is a construction rooted in Victorian values, and the axiom caveat emptor (buyer beware) is part of its legal DNA. No doubt it worked very well where gentlemen in stove pipe hats were buying and selling new parts for their latest foundry; it also works well when you have purchased a company after a comprehensive due diligence process and there are written representation and accounts to pore over. It is much more difficult to deploy in the modern world where “consumers” (not a concept with which the Victorians would have been comfortable) are being subject to what may loosely but accurately be called “high pressure selling techniques” which employ a mixture of half-truths and psychological exploitation.’
Park Square Barristers, 18th October 2017
Source: www.parksquarebarristers.co.uk
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