Expert Evidence, Adjournment and Proving Loss: A Practical View from the Bar – Littleton Chambers

Posted February 17th, 2017 in adjournment, case management, expert witnesses, news by sally

‘There has recently been a run of cases in which courts have at case and costs management conferences (CCMC) refused permission to a party seeking to call an expert. Such refusals may be made on grounds of relevance, proportionality or because the evidence that is sought to be adduced is, on analysis, not expert evidence at all, as held by the judge in Darby Properties Ltd and another v Lloyds Bank plc [2016] EWHC 2494 (Ch).’

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Littleton Chambers, 11th January 2017

Source: www.littletonchambers.com

Brexit & currency flip-flops in court – New Law Journal

Posted February 17th, 2017 in brexit, costs, EC law, news, referendums by sally

‘Francis Kendall considers the impact of the falling pound on costs awards to European litigants.’

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New Law Journal, 16th February 2017

Source: www.newlawjournal.co.uk

Budget does not replace detailed assessment, says another regional costs judge – Litigation Futures

Posted February 17th, 2017 in budgets, costs, news by sally

‘A second regional costs judge has ruled that an approved budget does not hinder a detailed assessment, but also called on the higher courts or the rule committee to give a definitive view.’

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Litigation Futures, 16th February 2017

Source: www.litigationfutures.com

The OCENSA Pipeline Group Litigation: costs in group litigation – Henderson Chambers

Posted February 17th, 2017 in costs, indemnities, news by sally

‘On 21 December 2016, Mr Justice Stuart-Smith gave judgment in relation to the costs issues arising out of the OCENSA Pipeline Group Limitation (Arroyo v Equion Energia Limited [2016] EWHC 3348 (TCC)). This judgment followed the very lengthy judgment ([2016] EWHC 1699 (TCC)) given on 27 July 2016, in which he dismissed, on the facts and on the law, 4 Lead Claims.’

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Henderson Chambers, 20th January 2017

Source: www.hendersonchambers.co.uk

Ransomware fast becoming the top cyber risk facing organisations, says expert – OUT-LAW.com

Posted February 17th, 2017 in computer crime, internet, news by sally

‘Ransomware is fast becoming the biggest cyber risk facing organisations, who often feel pressured to pay criminals to give them back control over the data they have encrypted or deleted.’

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OUT-LAW.com, 16th February 2017

Source: www.out-law.com

Insurance surgery: liability & multi-party accidents abroad – New Law Journal

Posted February 17th, 2017 in accidents, conflict of laws, EC law, insurance, news, personal injuries by sally

‘The Court of Appeal has provided welcome clarity on determining which laws should apply in cross-border cases, says Kelvin Farmaner.’

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New Law Journal, 16th February 2017

Source: www.newlawjournal.co.uk

‘Devastated and destroyed’: McKenzie friend victims speak out on TV – Law Society’s Gazette

Posted February 17th, 2017 in McKenzie friends, news, perverting the course of justice by sally

‘McKenzie friend whom the Gazette has been investigating since the end of last year has been featured on a BBC current affairs programme on which his former clients spoke of feeling ‘devastated, destroyed and distraught’ by his actions.’

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Law Society’s Gazette, 13th February 2017

Source: www.lawgazette.co.uk

Graham John Wheeler: Referendums That Time Forgot – UK Constitutional Law Association

Posted February 17th, 2017 in bills, constitutional history, legal history, news, referendums by sally

‘It is well known that the first national referendum in the UK was the 1975 poll on EEC membership. It is also quite well known that A.V. Dicey called for the introduction of the referendum into British politics from the 1880s onwards as a means of defeating Irish home rule. This episode was the subject of an exchange between Dominic Chambers QC and Lord Sumption in the Article 50 case.’

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UK Constitutional Law Association, 17th February 2017

Source: www.ukconstitutionallaw.org

A repeat of Mid Staffs errors is ‘inevitable’, warns Sir Robert Francis – Local Government Lawyer

Posted February 17th, 2017 in hospitals, inquiries, news by sally

‘The QC who carried out a review of failures at the Mid Staffs Hospital five years ago says that a similar collapse is ‘inevitable’ under current circumstances where some health trusts are accepting impossible performance targets. ‘

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Local Government Lawyer, 17th February 2017

Source: www.localgovernmentlawyer.co.uk

Judy Dawson discusses another case involving incorrect Court fees paid and whether this gifts the Defendant a limitation defence – Park Square Barristers

Posted February 17th, 2017 in damages, fees, limitations, news by sally

‘In January 2016 I discussed the case of Lewis v Ward Hadaway [2015] EWCA 3503 (Ch) and the possible avenues for Defendants to counter a practice which was at least perceived to be increasing of Claimant solicitors issuing Claim Forms for values below the actual value of the claim, in order to delay the payment of higher Court Fees.’

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Park Square Barristers, 13th January 2017

Source: www.parksquarebarristers.co.uk

Officials “exceeded powers” when barring demonstrators from entering court – Local Government Lawyer

Posted February 17th, 2017 in courts, demonstrations, HM Courts Service, news, public order by sally

‘Court officials exceeded their powers when they barred supporters of the founder of the Fathers 4 Justice pressure group from entering Aldershot Magistrates Court.’

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Local Government Lawyer, 17th February 2017

Source: www.localgovernmentlawyer.co.uk

When is relief from forfeiture available? – Tanfield Chambers

Posted February 17th, 2017 in canals, estoppel, forfeiture, licensing, news, water by sally

‘Property analysis: Is relief from forfeiture only available to claimants with proprietary or possessory rights? Barrister Robert Bowker, of Tanfield Chambers, considers the recent High Court decision in General Motors UK v Manchester Ship Canal Company.’

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Tanfield Chambers, 26th January 2017

Source: www.tanfieldchambers.co.uk

The legal landscape on cybersecurity is changing with stiffer fines for breaches on the way, says expert – OUT-LAW.com

Posted February 17th, 2017 in data protection, EC law, fines, news, notification by sally

‘Organisations face stiffer obligations on the security measures they must put in place to prevent their systems and data being compromised as well as new duties to disclose major incidents or breaches they experience.’

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OUT-LAW.com, 16th February 2017

Source: www.out-law.com

Shoplifter spared jail after applying to go on The Jeremy Kyle Show to seek help – Daily Telegraph

‘A serial shoplifter has avoided prison after magistrates heard he is applying to appear on The Jeremy Kyle Show to seek help.’

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Daily Telegraph, 16th February 2017

Source: www.telegraph.co.uk

Woman guilty of ‘horrific’ Sheffield murder – BBC News

Posted February 17th, 2017 in murder, news by sally

‘A woman has been found guilty of the “horrific” murder of a man after taking drugs at a house in Sheffield.’

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BBC News, 16th February 2017

Source: www.bbc.co.uk

Law firm insurer fails in High Court bid to recover property fraud losses from solicitor – Legal Futures

Posted February 17th, 2017 in fraud, insurance, money laundering, news, solicitors by sally

‘A highly experienced solicitor who breached the Money Laundering Regulations 2007 in a property transaction that led to a £500,000 fraud did not act dishonestly, the High Court has ruled.’

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Legal Futures, 17th February 2017

Source: www.legalfutures.co.uk

Kirklees council breached parents’ human rights by removing baby – The Guardian

Posted February 17th, 2017 in care orders, human rights, local government, news, parental responsibility by sally

‘Social workers have been accused of breaching the human rights of a couple after their week-old baby was taken off them in hospital when the father praised “the benefits of formula milk”.’

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The Guardian, 16th February 2017

Source: www.guardian.co.uk

Domestic abuse victims wait nearly two years for compensation – The Guardian

Posted February 17th, 2017 in compensation, domestic violence, news, statistics, victims by sally

‘Domestic violence victims are waiting almost two years on average to receive compensation for abuse they have suffered, government statistics have revealed.’

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The Guardian, 17th February 2017

Source: www.guardian.co.uk

‘Keep sex abuse dad’s name off my wedding certificate’ – BBC News

Posted February 17th, 2017 in bills, child abuse, families, marriage, news by sally

‘If Jenny ever gets married, there will be no dad walking her down the aisle and, if she gets her way, no mention of him on her marriage certificate either.’

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BBC News, 17th February 2017

Source: www.bbc.co.uk

DJ jailed for chopping off man’s finger with meat cleaver after he posts video of ‘barbaric’ attack on Snapchat – Daily Telegraph

Posted February 17th, 2017 in news, sentencing, wounding by sally

‘A DJ who cut off a man’s finger with a meat cleaver was caught by his own video when he filmed himself saying: “See that? I chopped that off.”‘

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Daily Telegraph, 16th February 2017

Source: www.telegraph.co.uk