Get Carter gangland murder appeal rejected – BBC News
‘A bid to challenge a murder conviction that inspired the classic crime thriller Get Carter has been rejected by the High Court.’
BBC News, 21st February 2017
Source: www.bbc.co.uk
Category: news
Jetha v Basildon Court Residents Company Ltd – Arden Chambers
‘The Upper Tribunal (Lands Chamber) has given guidance on the approach to be followed by the First-tier Tribunal (Property Chamber) when considering whether there is an estoppel by convention which prevents a leaseholder from denying the payability of a service charge which has not been demanded in accordance with the terms of the lease.’
Arden Chambers, 16th February 2017
Source: www.ardenchambers.com
Tax barrister plans to take Uber to court over alleged £20m black hole – The Guardian
‘A leading tax lawyer is planning to challenge Uber in the courts over what he alleges could be a £20m-a-year black hole in its tax payments in the UK.’
The Guardian, 21st February 2017
Source: www.guardian.co.uk
Court rules against heterosexual couple who wanted civil partnership – The Guardian
‘A legal challenge aimed at overturning the ban on heterosexual couples entering into civil partnerships has gained ground despite defeat at the court of appeal, according to equal rights campaigners.’
The Guardian, 21st February 2017
Source: www.guardian.co.uk
Proving Propensity via Allegations of Bad Character – 2 Hare Court
‘The approach to contested non-conviction bad character evidence has changed in the wake of the Supreme Court’s judgment in the case of R v Mitchell [2016] UKSC 55.’
2 Hare Court, 5th January 2017
Source: www.2harecourt.com
Miller, BrEXIT and BreUK-up – Counsel
‘The Supreme Court’s treatment of the devolution issues in Miller is troubling, argues Aidan O’Neill QC, who examines the UK’s complex multi-national constitutional history and potential impact on the devolved political constitution.’
Counsel, March 2017
Source: www.counselmagazine.co.uk
Defending Private Prosecutions – 2 Hare Court
‘Private prosecutions of crimes such as fraud and trademark or copyright infringement have become an increasingly important tool of litigation in the UK in recent years. A number of us at 2 Hare Court are currently acting in such cases, defending and prosecuting. Whilst much has been written of late about how to bring a private prosecution, relatively little has made its way into print about defending such cases. Whilst doing so will of course involve many of the same considerations as defending a prosecution brought by the CPS, there is an additional array of options that should be borne in mind.’
2 Hare Court, 5th January 2017
Source: www.2harecourt.com
Finance and Divorce Update, February 2017 – Family Law Week
‘Sue Brookes, and Rose-Marie Drury, both Senior Associates with Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during January 2017.’
Family Law Week, 10th February 2017
Source: www.familylawweek.co.uk
Rolls-Royce – What price co-operation – Fulcrum Chambers
‘Self referral, co-operation and a balance of mitigating factors were thought to be essential ingredients before a DPA could be considered by a prosecutor. It seems only one existed in this case yet the UK’s largest DPA to date followed.’
Fulcrum Chambers, 20th January 2017
Source: www.fulcrumchambers.com
New government guidelines will end the practice of boomerang bosses – Home Office
‘New government guidelines will stop senior fire officers from being re-employed in the same or similar roles after they have retired.’
Home Office, 21st February 2017
Source: www.gov.uk/home-office
What will the Lords do with the Article 50 bill? – UCL Constitution Unit
‘The bill authorising the Prime Minister to trigger Article 50, enabling the UK to leave the EU, has cleared the Commons. It begins its consideration in the Lords today. In this post Lords expert Meg Russell discusses how the second chamber is likely to treat the bill. She suggests that this illustrates important dynamics between Lords and Commons, which are often disappointingly misunderstood both in the media and inside government.’
UCL Constitution Unit, 20th February 2017
Source: www.constitution-unit.com
Waiving goodbye to the breach: repairing obligations and waiver of breach – The 36 Group
‘Repairing obligations are almost universally incorporated in commercial and residential leases and licences. In the general sense an obligation to repair is to carry out such repairs and maintenance as might be required from time to time (although much can depend upon the precise wording of the covenant/obligation). Where there is a breach by a tenant or licensee, the covenant is broken everyday the property is out of repair: the breach, therefore, is of a continuing nature. ‘
Full story (PDF)
The 36 Group, 6th February 2017
Source: www.36group.co.uk
Reasons – Local Government Law
‘The appeal in Oakley v South Cambridgeshire District Council (2017) EWCA Civ 71 raised the issue whether, in the particular circumstances of the case, the Planning Committee of the South Cambridgeshire District Council ought to have given reasons for granting planning permission for the development by Cambridge City Football Club, a semi-professional club, of a football stadium capable of seating three thousand people. The proposed construction is in the outskirts of Sawston in Cambridgeshire, on land which is part of the Green Belt. The application for planning permission was not only for the erection of the ground, together with associated training and parking facilities, but also for the creation of a partially floodlit recreational ground which would be gifted to the Sawston Parish Council for community use.’
Local Government Law, 17th February 2017
Waaler v Hounslow LBC – Arden Chambers
‘The Court of Appeal has held that whether service charge costs are reasonably incurred, for the purposes of Landlord and Tenant Act 1985, s.19, is to be determined by reference to an objective standard of reasonableness rather than applying public law principles of rationality. A tribunal should not, however, impose its own decision where a landlord has adopted a course of action which led to a reasonable outcome, even if there was a cheaper outcome which was also reasonable.’
Arden Chambers, 2nd February 2017
Source: www.ardenchambers.com
Secession from the European Union and Private International Law: The Cloud with a Silver Lining – Blackstone Chambers
‘In the last six months there have been lectures, seminars, evidence-givingsand-takings, reports issued, all over town, in which the future of commercial litigation in England has been discussed. It may not be completely true that these have as their object the utter immiseration of everyone within earshot, but that does appear to be the principal effect. Those who, like me, do not seem to be invited to such gatherings are at liberty to see things rather differently. We have a once-in-a generation opportunity to compare the rules of private international law which we currently have with what we might instead have, and to take stock. When that is done, the path ahead will be seen to be rather clearer and brighter than some others would tell you it is. One certainly hears people suggesting that secession from the European Union is going to have a damaging effect, but for our private international law the truth may well be otherwise. And while the need to deal with these tasks may be an un-looked-for interruption to normal work, for some of us the chance to ask questions challenges us to think about what we would like our rules of private international law to say. My conclusion will be that less will change than most seem to suppose (or, in some cases, seem to hope for). There will be minor changes, certainly, but need be nothing major; and if anything major does change, it will not be a change for the worse. In short, though I am very fearful of sounding like the Daily Mail in human form, private international law has no cause for alarm. I should perhaps say that a fuller and footnoted version of this paper will be available from the Combar website if anyone is interested.’
Full story (PDF)
Blackstone Chambers, 24th January 2017
Source: www.blackstonechambers.com
Plumbing the depths of employment status as the gig economy gathers steam – Cloisters
‘Akua Reindorf analyses Pimlico Plumbers v Smith in the Court of Appeal and provides a round-up of employment status reports and inquiries.’
Cloisters, 10th February 2017
Source: www.cloisters.com
A Change is Coming – The Criminal Finance Bill and the Changes it will Bring to the Asset Recovery Landscape – Drystone Chambers
‘Radical change to the Proceeds of Crime Act is coming. Below I summarise four of the areas of key changes to POCA 2002.’
Full story (PDF)
Dystone Chambers, 26th January 2017
Source: www.drystone.com
Legal professional privilege can protect businesses that fall victim to cyber attacks, say experts – OUT-LAW.com
‘Businesses risk the disclosure of damaging IT forensics reports if they fail to take advantage of legal professional privilege in light of a cyber attack.’
OUT-LAW.com, 17th February 2017
Source: www.out-law.com
The Judgement of Others – How Should a Disciplinary Panel Deal with the Findings of Another Professional Disciplinary Tribunal’s Decision: Analysis and Comment on Peckitt v GDC [2016] EWHC 1803 (Admin) – Drystone Chambers
‘What happens if a registrant is registered with two or more professional bodies and is then disciplined by one and is later disciplined by his or her other professional body? I recently appeared for the NMC, in the case of NMC v Benyu, where this situation arose. Ms Benyu was both a practising solicitor and nurse. She was struck off by the Solicitors Disciplinary Tribunal (SDT) for the mishandling of client funds. The client had mental health issues and originally was referred to her through her work as a nurse. Following the decision of the SDT, Ms Benyu was referred to the NMC.’
Full story (PDF)
Drystone Chambers, 30th January 2017
Source: www.drystone.com
