All change – Counsel
‘Catherine Baksi takes a look at how chambers are adapting to a pressured and competitive environment.’
Counsel, November 2016
Source: www.counselmagazine.co.uk
Category: news
Funding revisited – New Law Journal
‘David Wright examines a recurring costs theme.’
New Law Journal, 18th October 2016
Source: www.newlawjournal.co.uk
Sharia Courts interfered to protect domestic abusers, MPs told – The Independent
‘A leading British Sharia Council intervened to prevent men accused of domestic violence from facing criminal charges, according to testimony submitted to a Commons Committee.’
The Independent, 31st October 2016
Source: www.independent.co.uk
Cost benefit analysis – New Law Journal
‘Costs orders: who pays & when, asks Kerry Underwood.’
New Law Journal, 20th October 2016
Source: www.newlawjournal.co.uk
Kilker Projects Ltd v Purton (trading as Richwood Interiors) – WLR Daily
Kilker Projects Ltd v Purton (trading as Richwood Interiors) [2016] EWHC 2616 (TCC)
‘The parties entered into an oral construction contract, to which the Scheme for Construction Contracts (England and Wales) Regulations 1998 (Amendment) (England) Regulations 2011 applied. Following completion of the works, a dispute arose as to the sums due in respect of the final account. In a first adjudication, the adjudicator, having held that no valid “payment notice” or “pay less notice” had been served by the employer, ordered it to pay the “notified sum”, as defined by section 111 of the Housing Grants, Construction and Regeneration Act 1996, in respect of the contractor’s final account application. The employer subsequently paid the judgment sum. In a second adjudication, the adjudicator determined the true value of the final account for the works and directed the contractor to repay the employer a sum found to have been overpaid. On the employer’s application to enforce that decision, the contractor contended that adjudicator had not had jurisdiction to determine the dispute because it had been decided in the earlier adjudication.’
WLR Daily, 22nd September 2016
Source: www.iclr.co.uk
QS v RS – WLR Daily
QS v RS [2016] EWHC 2470 (Fam)
‘The parents who were British citizens adopted a child in Nepal in 2008. Neither parent was habitually resident or domiciled in Nepal at the time of the adoption, both being domiciled in the United Kingdom. The family moved to Dubai and the child was granted British citizenship. Soon afterwards the marriage broke down leading to a troubled period of dispute between the parents. The father remained living in Dubai and the mother in due course resided in the United Kingdom. The child, aged 12, resided with the father in Dubai. The mother applied, inter alia, for the recognition of the child’s foreign adoption order at common law and for a declaration under section 57 of the Family Law Act 1986 that she was the adopted child of the parents for the purposes of section 67 of the Adoption and Children Act 2002. The issue arose whether, in the light of the common law rule that an English court was not entitled to recognise a foreign adoption order unless the adopting parents were domiciled (or habitually resident) in the relevant country at the time of the adoption, there were any circumstances in which that rule did not apply or might not be applied such that a foreign adoption would be recognised in England notwithstanding that at the time of the adoption the adopters were not domiciled in that country.’
WLR Daily, 10th October 2016
Source: www.iclr.co.uk
Lorry driver jailed over four-death A34 crash – BBC News
‘A lorry driver who hit and killed a mother and her three children while using his phone behind the wheel has been jailed for 10 years.’
BBC News, 31st October 2016
Source: www.bbc.co.uk
The aged accused – Counsel
‘Is it ever too late to prosecute historic allegations? Richard Jory QC and Sam Jones consider whether it’s time for a rethink.’
Counsel, November 2016
Source: www.counselmagazine.co.uk
Negotiating in the Shadow of the Court: Mediation in parallel with litigation – Family Law Week
‘Madeleine Reardon, barrister of 1 King’s Bench Walk, considers the role of mediation in the course of family proceedings, practical issues arising therefrom and, in particular, confidentiality of the mediation process.’
Family Law Week, 27th October 2016
Source: www.familylawweek.co.uk
Attorney general quizzed on unduly lenient sentences – Law Society’s Gazette
‘The attorney general has reaffirmed the government’s plans to extend the scheme for reviewing ‘unduly lenient’ sentences, with stalking one of the crimes that could be considered in any extension.’
Law Society’s Gazette, 28th October 2016
Source: www.lawgazette.co.uk
Transferring the blame? – New Law Journal
‘John McMullen examines the conditions of TUPE.’
New Law Journal, 28th October 2016
Source: www.newlawjournal.co.uk
One direction – New Law Journal
‘Kerry Underwood examines qualified one-way costs shifting.’
New Law Journal, 18th October 2016
Source: www.newlawjournal.co.uk
Finger on the trigger – New Law Journal
‘Does triggering Art 50 require a prior Act of Parliament, asks Michael Zander QC.’
New Law Journal, 12th October 2016
Source: www.newlawjournal.co.uk
Uber awaits tribunal ruling over drivers’ status as workers – The Guardian
‘An employment tribunal in London will decide whether Uber drivers should be treated as workers with basic employment rights, in a case that could affect tens of thousands of other people working across the gig economy.’
The Guardian, 28th October 2016
Source: www.guardian.co.uk
Family: financial needs on divorce – Law Society’s Gazette
‘In June the Family Justice Council published Guidance on ‘Financial Needs’ on Divorce. It has been disseminated among judges and is essential reading for all practitioners undertaking financial remedy work.’
Law Society’s Gazette, 31st October 2016
Source: www.lawgazette.co.uk
Departing Jackson – New Law Journal
‘Francis Kendall reports on a positive result for costs budgeting.’
New Law Journal, 18th October 2016
Source: www.newlawjournal.co.uk
Offenders to be tracked by satellite under new pilot scheme – BBC News
‘Up to 1,500 offenders will be tracked by a satellite tagging system under a Ministry of Justice pilot scheme.’
BBC News, 29th October 2016
Source: www.bbc.co.uk
Mark Elliott and Stephen Tierney: House of Lords Constitution Committee Reports on Wales Bill – UK Constitutional Law Association
‘The House of Lords Constitution Committee today publishes its report on the Wales Bill. The history of the Bill is a somewhat chequered one, a Draft Bill published in October 2015 having been subjected to excoriating criticism by (among others) the Assembly’s Legislative and Constitutional Affairs Committee. The centrepiece of the Bill is intended to be the shift from the ‘conferred powers’ model of devolution that presently operates in Wales to a ‘reserved powers’ model akin to that which is found in Scotland. However, the Constitution Committee concludes that ‘the current implementation of the reserved powers model in the Wales Bill undermines its key advantages: namely providing the devolved legislature with constitutional space to legislate and allowing for a relatively clear and simple division of powers’. In this post, we highlight a number of concerns raised by the Committee in its report, and conclude with some broader reflections on what the Wales Bill tells us about the state of the UK’s territorial constitution and the approach to constitutional design adopted in respect of it.’
UK Constitutional Law Association, 28th October 2016
Source: www.ukconstitutionallaw.org
Number of insolvencies jumps by a fifth in England and Wales – The Guardian
‘The number of people becoming insolvent across England and Wales leapt by a fifth in the third quarter of 2016, with experts warning that the numbers could continue to increase as the cost of living rises following the UK’s Brexit vote.’
The Guardian, 28th October 2016
Source: www.guardian.co.uk
