Denholm v Stobbs [2016] UKUT 288 (LC) (aka “12 Needham Road”) – Tanfield Chambers

Posted November 9th, 2016 in appeals, leases, news, tribunals by sally

‘In a decision which post-dated Sloane Stanley v Mundy, the Upper Tribunal, arrived at relativity by making a deduction from the Gerald Eve graph on the basis that the graph “might overstate relativities” and accepted, on the material before it, that there was a “slight differential between properties in PCL and properties just outside it”.’

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Tanfield Chambers, 1st November 2016

Source: www.tanfieldchambers.co.uk

Man jailed for harassing Adam Johnson’s victim on Facebook – The Guardian

Posted November 9th, 2016 in anonymity, harassment, news, sentencing, victims by sally

‘The former partner of Adam Johnson’s sister has been jailed for 16 weeks for harassing the ex-England footballer’s child sex victim in a series of Facebook posts. A judge found that Steven Knox, 30, from Sunderland, caused the 15-year-old alarm or distress by posting photos of her online and urging others to share them after Johnson was convicted of sexual activity with her.’

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The Guardian, 8th November 2016

Source: www.guardian.co.uk

Exemplary Damages in the Tort of Deceit – Park Square Barristers

‘On the 1st November 2016 at Manchester County Court Toby Coupe, instructed by Toby Evans (Partner, Keoghs LLP) and Richard Harvey (Senior Claims Handler, Zurich Insurance PLC) to act on behalf of Zurich Insurance PLC (‘Zurich’), obtained an order that the Claimants and the Second Defendant do pay Zurich £5,000 in exemplary damages and £16,844.04 in indemnity costs, such costs to be enforceable to the full extent of the Order pursuant to CPR 44.16 (1), on the basis that the claims had been found to be fundamentally dishonest.’

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Park Square Barristers, 2nd November 2016

Source: www.parksquarebarristers.co.uk

Henriques report: Met Police in the dock as review finds string of ‘significant failings’ in sex abuse inqury – Daily Telegraph

Posted November 9th, 2016 in complaints, inquiries, London, news, police, reports, sexual offences by sally

‘Senior Scotland Yard detectives have been referred to the Independent Police Complaints Commissionafter a damning report into the Met’s handling of Operation Midland found a string of “significant failings”.’

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8th November 2016

Source: www.telegraph.co.uk

Ofsted wrong to penalise Islamic school over gender segregation, court rules – The Guardian

Posted November 9th, 2016 in education, Islam, news, reports, school children, sex discrimination by sally

‘A high court judge has ruled that Ofsted inspectors were wrong to penalise an Islamic faith school because of their “erroneous” view that segregation of boys and girls amounted to unlawful discrimination.’

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The Guardian, 8th November 2016

Source: www.guardian.co.uk

First-time phone-use drivers face points – BBC News

Posted November 9th, 2016 in consultations, fines, news, penalties, road traffic offences, telecommunications by sally

‘Drivers in England, Scotland and Wales caught using a mobile phone for the first time will automatically receive penalty points, under government plans.’

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BBC News, 9th November 2016

Source: www.bbc.co.uk

Ilott v Mitson: A storm in a Teacup? – Zenith Chambers

Posted November 9th, 2016 in appeals, charities, news, wills by sally

‘With Ilott due to be heard in the Supreme Court on 12th December 2016[1], Nicola Phillipson considers the impact the case has had upon claims under the Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”) and wonders whether the importance of the various decisions has in fact been overblown?’

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Zenith Chambers, 31st October 2016

Source: www.zenithchambers.co.uk

Airbnb – a wonderful idea or is it? – Tanfield Chambers

Posted November 9th, 2016 in covenants, hotels, landlord & tenant, leases, mortgages, news, nuisance by sally

‘Airbnb seems like a wonderful idea. You can rent out your flat whenever convenient without having to become a full-time landlord or hotelier. It’s an easy way to earn a little extra cash with the added bonus of a world-wide network of other people’s spare rooms available for that well-deserved weekend break. Airbnb now has 60m users, 640,000 “hosts”, 2m listings and 500,000 stays per night. It’s big!’

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Tanfield Chambers, 22nd October 2016

Source: www.tanfieldchambers.co.uk

Sean Rigg death: police custody sergeant cleared of lying at inquest – The Guardian

Posted November 9th, 2016 in death in custody, inquests, news, perjury, police by sally

‘A Metropolitan police custody sergeant has been cleared of lying at the inquest into the death of Sean Rigg.’

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The Guardian, 8th November 2016

Source: www.guardian.co.uk

Thief has sentencing pushed back so he can celebrate 25th birthday – Daily Telegraph

‘thief who faces jail for driving a stolen motorbike into a policeman has had his sentencing date pushed back by a judge so he can celebrate his 25th birthday.’

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Daily Telegraph, 8th November 2016

Source: www.telegraph.co.uk

66 Years Of The European Convention On Human Rights – RightsInfo

Posted November 8th, 2016 in human rights, legislation, news, treaties by sally

‘Sixty-six years ago today, the European Convention on Human Rights (ECHR) was signed by the United Kingdom and ten other countries.’

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RightsInfo, 4th November 2016

Source: www.rightsinfo.org

Glaxo Wellcome UK Ltd (trading as Allen & Hanburys) and another v Sandoz Ltd – WLR Daily

Posted November 8th, 2016 in foreign companies, intellectual property, medicines, news by sally

Glaxo Wellcome UK Ltd (trading as Allen & Hanburys) and another v Sandoz Ltd [2016] EWHC 2743 (Ch)

The claimants brought an action against the defendant, alleging that by reason of the get up of the defendant’s pharmaceutical it had carried out acts of passing off. Subsequently, the claimants contended that there was evidence to indicate that three foreign companies in the same group as the defendant had taken an active role in the creation of the design of the product and its packaging. The claimants sought to join those companies as primary and/or joint tortfeasors along with the defendant for passing off. It was common ground that before the court would exercise its discretion to join the companies it had to be satisfied that the proposed pleaded allegations against them disclosed a sufficiently arguable.

WLR Daily, 2nd November 2016

Source: www.iclr.co.uk

The BHS Scandal – the law unwrapped – Employment Blog

Posted November 8th, 2016 in company directors, dividends, news, pensions, reports, select committees by sally

‘The collapse of BHS into administration left 11,000 employees facing an uncertain future and 20,000 current and future pensioners facing substantial cuts to their entitlements. According to the Work and Pensions Select Committee, BHS encapsulates many of its ongoing concerns about the regulatory and cultural framework in which business operates, including the ethics of business behaviour, the governance of private companies, the balance between risk and reward, mergers and acquisitions practices, the governance and regulation of workplace pension schemes, and the sustainability of defined benefit pensions.’

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Employment Blog, 7th November 2016

Source: www.employment11kbw.com

Public right of way did not detract from use of land as village green, High Court rules – OUT-LAW.com

Posted November 8th, 2016 in commons, land registration, local government, news, planning, rights of way by sally

‘The High Court has upheld the registration of Humpty Hill in Oxfordshire as a town or village green (TVG), despite arguments that most of the walking that took place on the land was because it was a public right of way.’

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OUT-LAW.com, 7th November 2016

Source: www.out-law.com

Digital courts’ success will win over sceptics, says senior judge – Law Society’s Gazette

Posted November 8th, 2016 in courts, internet, judges, news, witnesses by sally

‘The judge leading efforts to drag the courts system into the 21st century has reassured sceptical lawyers they will be won over by technological advances.’

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Law Society’s Gazette, 7th November 2016

Source: www.lawgazette.co.uk

16-year-old’s representation plight highlights pro bono dependency – Law Society’s Gazette

Posted November 8th, 2016 in appeals, care orders, children, legal representation, news, pro bono work by sally

‘The Court of Appeal has allowed a 16-year-old involved in care proceedings to instruct her own solicitor in a case highlighting the extent to which pro bono solicitors are now needed to resolve representation challenges.’

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Law Society’s Gazette, 7th November 2016

Source: www.lawgazette.co.uk

Steak knife murder: Emma-Jayne Magson jailed for life – BBC News

Posted November 8th, 2016 in murder, news, sentencing by sally

‘A woman who stabbed her boyfriend in the chest with a steak knife has been jailed for life for his murder.’

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BBC News, 7th November 2016

Source: www.bbc.co.uk

Jeff King: What Next? Legislative Authority for Triggering Article 50 – UK Constitutional Law Association

Posted November 8th, 2016 in appeals, constitutional law, EC law, legislation, news, parliament, treaties by sally

‘The High Court judgment in Miller v Secretary of State for Exiting the European Union last Thursday made it clear that an Act of Parliament is required for a notice under article 50(2) of the Treaty of the European Union. My view is that an appeal is unlikely to be successful, but on any view we must be prepared for that outcome. The Government and Opposition should consider the form of such an Act without delay. So far, there has been little discussion about what form such legislation might take. This post seeks to begin that discussion, suggesting form, content and conditions that neither challenge the result of the 23 June 2016 referendum nor the Government’s stated timelines for giving notice.’

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UK Constitutional Law Association, 8th November 2016

Source: www.ukconstitutionallaw.org

UK court rules gambler’s ‘advantage play’ constitutes ‘cheating’ – OUT-LAW.com

Posted November 8th, 2016 in appeals, gambling, news by sally

‘A gambler does not need to behave dishonestly to be considered to be cheating under British gambling laws, the Court of Appeal in London has said.’

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OUT-LAW.com, 7th November 2016

Source: www.out-law.com

Four men given lifelong anonymity amid fears of jigsaw identification of child – Local Government Lawyer

Posted November 8th, 2016 in anonymity, children, injunctions, news, reporting restrictions, sexual offences by sally

‘Four men who were the subject of interim injunctions over suspected child sexual exploitation should have their anonymity protected for life after no action was taken against them, a High Court judge has ruled.’

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Local Government Lawyer, 2nd November 2016

Source: www.localgovernmentlawyer.co.uk