‘After the release of a recent survey by the Sutton Trust showing that nearly 75% of senior judges are privately educated – compared with about 7% of the general population – many assume the judiciary in England and Wales is out-of-touch with popular culture.’
The Guardian, 10th December 2015
Source: www.guardian.co.uk
‘Following his attention seeking call for all Muslims to be banned from entering the United States, there have been calls for Donald Trump to be given a “visa ban” preventing him from coming to the UK. Is this feasible in UK immigration law?’
Free Movement, 9th December 2015
Source: www.freemovement.org.uk
‘The number of offenders punished for carrying a knife has risen by 7% in the last year as the police and courts take a tougher approach, especially to teenage offenders, new figures show.’
The Guardian, 10th December 2015
Source: www.guardian.co.uk
‘While it is ‘fun’ to malign fellow lawmakers in judgements, it undermines confidence in the courts, Lord Neuberger says.’
Daily Telegraph, 9th December 2015
Source: www.telegraph.co.uk
‘A fraudster who posed as the 12th Duke of Marlborough, racking up hotel bills of almost £12,000, has been sentenced to three-and-a-half years in prison.’
BBC News, 9th December 2015
Source: www.bbc.co.uk
‘Some reform groups believe the justice system should treat young adult offenders differently. Could a programme in south London lead the way in terms of their rehabilitation?’
BBC News, 10th December 2015
Source: www.bbc.co.uk
‘Home Office to launch new hotline based on US model, announces Home Secretary Theresa May.’
Daily Telegraph, 9th December 2015
Source: www.telegraph.co.uk
‘People will no longer have the right to live in their council home for life in future after ministers moved to impose a five-year limit on new tenancies.’
The Guardian, 9th December 2015
Source: www.guardian.co.uk
‘Four of the world’s biggest tobacco firms are to begin a legal challenge to the government’s new packaging rules.’
BBC News, 10th December 2015
Source: www.bbc.co.uk
‘One of the men who killed the British soldier Lee Rigby is suing for compensation two years after his teeth were knocked out during an incident at Belmarsh prison.’
The Guardian, 10th December 2015
Source: www.guardian.co.uk
‘The law of enfranchisement is very complicated. A whole industry has evolved to try to interpret the provisions of the Leasehold Reform Act 1967 (“the 1967 Act”) and the Leasehold Reform Housing and Urban Development Act 1993 (“the 1993 Act”) and put them into practice. The cost and frustration to leaseholders of such a convoluted process is considerable.’
Tanfield Chambers, 3rd December 2015
Source: www.tanfieldchambers.co.uk
‘Most landlord and tenant disputes end up in court. From the perspective of landlords, this can be a lengthy, frustrating, and costly process. For tenants, the experience is often uncertain, draining, and also costly. Is there a place for arbitration in this?’
Tanfield Chambers, 30th November 2015
Source: www.tanfieldchambers.co.uk
‘The decision of Mann J. in Barclays Wealth Trustees (Jersey) Ltd and Michael Dreelan v HMRC [2015]EWHC 2878 (Ch) answers an important question regarding what is excluded property for purposes of the Inheritance Tax Act 1984 s.48(3). This provides that foreign situs property which is settled property is excluded property for IHT purposes unless the settlor was domiciled in the U.K. at the time the settlement was made. Suppose a settlement was made when the settlor was domiciled outside the U.K, he subsequently becomes domiciled in the U.K and then adds foreign property to the settlement. Is the added property excluded property? HMRC have always contended that it is not. It has been argued in leading textbooks that it is. Mann J. has decided that HMRC are right.’
New Square Chambers, 1st December 2015
Source: www.newsquarechambers.co.uk
‘In recent years it has become increasingly common for parties to a development agreement to agree to act towards one another with “good faith”. The meaning and extent of the obligations on the contracting parties imposed by such clauses is often difficult to ascertain. The purpose of this paper is to consider a number of cases in which good faith clauses, implied and express, are discussed and identify the general principles that apply to development agreements.’
Tanfield Chambers, 30th November 2015
Source: www.tanfieldchambers.co.uk
‘On 4 November 2015 the Supreme Court handed down a judgment in relation to penalty clauses in a contract – Cavendish Square Holding BV v Makdessi [2015] UKSC 67, a judgment of 124 pages before a panel of seven Justices. This was the first time that this Court or the House of Lords had considered such an issue for a century. Some commentators describe this judgment as, in effect, a complete re-writing of the relevant law. Others may call it merely a change, albeit an important change, of emphasis.’
New Square Chambers, 1st December 2015
Source: www.newsquarechambers.co.uk
‘In Wellesley Partners LLP v Withers LLP [2015] EWCA Civ 1146 the Court of Appeal made an important change to the law of causation. From now onwards, the contractual approach causation shall apply instead of the tortious principles of remoteness in cases of concurrent liability. The effect of this case will be to materially change causation analyses in professional negligence matters, albeit the conclusion (as demonstrated in the Wellesley case itself) through the two analytical frameworks may well be identical.’
Hardwicke Chambers, 2nd December 2015
Source: www.hardwicke.co.uk
‘In his monthly column, James Bickford Smith discusses the decision in Ong and others v Ping [2015] EWHC 3258 (Ch) and the apparent revival of the “rule” in Lewis v Daily Telegraph Ltd (No 2) [1964] 2 QB 601.’
Full story
Littleton Chambers, 4th December 2015
Source: www.littletonchambers.co.uk
‘The majority of claims against professionals are framed in contract, the tort of negligence, or a combination of both. As readers of this article will be aware, the Limitation Act 1980 provides the same limitation period for both causes of action: “six years from the date on which the case of action arose.” But readers will also know that those periods frequently begin (and more importantly end) on different dates. This is because a breach of contract is actionable per se, i.e. without the need to prove damage, where as a claim in negligence requires proof of damage, which will often occur some time after the breach of duty, which is said to have caused it. For this reason many claims which are out of time for a claim in contract, are nevertheless in time for a claim in the tort of negligence.’
Hardwicke Chambers, 2nd December 2015
Source: www.hardwicke.co.uk
‘In its decision in Arnold v Britton [2015] 2 WLR 1593 the Supreme Court has restored the supremacy of the traditional approach to the construction of commercial contracts.’
New Square Chambers, 1st December 2015
Source: www.newsquarechambers.co.uk
‘Applications for wrongful trading under s 214 of the Insolvency Act 1986 are notoriously difficult. In Brooks v Armstrong [2015] EWHC 2289 (Ch), Registrar Jones ordered the former directors of Robin Hood Centre plc (the “Directors”) (the “Company”) to make a contribution to the Company’s assets under s 214. But the relatively small award serves as a cautionary reminder of the risks of s 214 applications for liquidators and directors alike.’
New Square Chambers, 1st December 2015
Source: www.newsquarechambers.co.uk
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