Category: news

“These wretchedly conceived clauses”: the Supreme Court considers the degree to which ‘commercial common sense’ can be deployed in contractual interpretation (Arnold v Britton & Ors [2015] UKSC 36) – Henderson Chambers

Posted July 27th, 2015 in interpretation, leases, news, service charges by sally

‘Tenants of a holiday park will ultimately be obliged to pay over £1m a year per chalet, after the Supreme Court endorsed leases in which the service charge increases by 10% a year – regardless of the actual costs of providing those services.

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Henderson Chambers, 16th June 2015

Source: www.hendersonchambers.co.uk

Supreme Court refuses relief despite legal defect before planning permission – Local Government Lawyer

Posted July 27th, 2015 in EC law, environmental protection, local government, news, planning by sally

‘The Supreme Council has refused to grant relief despite finding a legal defect in the procedure prior to a district council’s grant of planning permission for a development, in a key case relating to appropriate assessments, EIA assessments and mitigation measures.’

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Local Government Lawyer, 22nd July 2015

Source: www.localgovernmentlawyer.co.uk

Richards: Mitchell led to decisions that were “manifestly unjust and disproportionate” – Litigation Futures

Posted July 27th, 2015 in appeals, arbitration, news, stay of proceedings, striking out by sally

‘The Court of Appeal ruling in Mitchell led to decisions that were “manifestly unjust and disproportionate”, the deputy head of civil justice has said.’

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Litigation Futures, 27th July 2015

Source: www.litigationfutures.com

Saga delayed: A report on the continuing West Tankers saga – No. 5 Chambers

Posted July 27th, 2015 in arbitration, EC law, injunctions, jurisdiction, news by sally

‘The injustice of delay is a “long standing principle of the common law” (Moore v SSCLG [2015] EWHC44 (Admin)), at least from Magna Carta’s “… we will not… defer… Justice or Right”. ECHRs’ Art6(1) begins “In the determination of his civil rights and obligations… everyone is entitled to a… hearing within a reasonable time…” The ECJ’s West Tankers judgment seems to depart from this.’

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No. 5 Chambers, 6th July 2015

Source: www.no5.com

The Relevance of Probate in the Digital Age – New Square Chambers

Posted July 27th, 2015 in computer crime, executors, internet, money laundering, news, probate by sally

‘Imagine an estate where there is no dispute amongst the beneficiaries, whether about the validity of the deceased’s will or its terms. Imagine that there is no inheritance tax to pay by reason of the death of the deceased. The bulk of the estate is held in a bank account that is accessible online and the executor named in the will is aware of the username and password applicable to this online account. He wishes to use them to transfer the money in the account to an account in his name and then to administer it precisely according to law.’

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New Square Chambers, 29th June 2015

Source: www.newsquarechambers.co.uk

Covert surveillance activities need independent oversight, says expert – OUT-LAW.com

Posted July 27th, 2015 in evidence, investigatory powers, media, news, telecommunications by sally

‘The use of the Regulation of Investigatory Powers Act (RIPA) for covert surveillance should be overseen by independent judges to ensure the appropriate legislation is being used, an expert has said.’

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OUT-LAW.com, 23rf July 2015

Source: www.out-law.com

A key new case on jurisdiction where an accident happens abroad during a holiday booked from the UK: Brownlie v Four Seasons Holdings Incorporated [2015] EWCA Civ 665 – Henderson Chambers

Posted July 27th, 2015 in accidents, civil procedure rules, holidays, jurisdiction, news, personal injuries, witnesses by sally

‘In a wide-ranging decision earlier this month, the Court of Appeal has clarified a number of key questions on jurisdiction where an accident happens abroad during a holiday booked from UK. Most significantly, Arden LJ (giving the leading judgment) held that direct damage in the jurisdiction is required to come within the tort jurisdictional gateway in the CPR, effectively overruling earlier first instance decisions that indirect or consequential damage was sufficient. While this would prevent many overseas accidents from being litigated in the UK, Arden LJ did carve out an exception for Fatal Accident Act claims, which she considered involved “direct damage” in the UK. She also took the opportunity to provide her own “gloss” on the so-called “Canada Trust gloss”. Peppered throughout the judgment are some blistering but instructive observations on defective witness statements.’

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Henderson Chambers, 24th July 2015

Source: www.hendersonchambers.co.uk

Off the scale: Sentencing very large companies for environmental crimes – Henderson Chambers

Posted July 27th, 2015 in environmental protection, news, pollution, sentencing, water companies by sally

‘Earlier this month judgment was handed down by the Court of Appeal in R v Thames Water Utilities Ltd [2015] EWCA Crim 960, examining what should be done when a corporate offender’s turnover is so large that it falls outside the scale set down in the sentencing guidelines. This is the first case of its kind to come before the Court of Appeal since publication of the Definitive Guideline for Environmental Offences by the Sentencing Council in July 2014. Rejecting Thames Water’s appeal against a £250,000 fine, the court said that fines levied against very large companies “had to bring home the appropriate message to the directors and shareholders of the company” and could go as high as 100% of pre-tax profits. ‘

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Henderson Chambers, June 2015

Source: www.hendersonchambers.co.uk

Slaughterhouse right of appeal JR against FSA unfit meat decisions, fails – Henderson Chambers

Posted July 27th, 2015 in appeals, EC law, food hygiene, judicial review, news by sally

‘In R (on the application of the Association of Independent Meat Suppliers and another) v Food Standards Agency [2015] EWHC 1896 (Admin), Simon J sitting in the Admin Court (judgment 2.7.15) has found that neither the governing EU Regulations, nor the EU Charter nor the European Convention (A1P1) required the Food Standards Authority to afford any right of appeal to the owners of an expensive bull carcase found, at the slaughterhouse, to be unfit for human consumption and thus disposed of as worthless animal by-product.’

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Henderson Chambers, 2nd July 2015

Source: www.hendersonchambers.co.uk

HRA Watch: Reform, Repeal, Replace? Sarah Lambrecht: Criticism of the European Court of Human Rights: A UK Phenomenon? – UK Constitutional Law Association

Posted July 27th, 2015 in deportation, human rights, news, repeals by sally

‘The tumultuous relationship between the UK Government and the European Court of Human Rights (ECtHR) is unlikely to normalise with the Conservative Party having obtained, against all polling predictions, an absolute majority at the May 2015 UK general election. In its October 2014 policy document, the Conservatives criticise the European Court of Human Rights for developing “mission creep” and proclaim a plan for change “to restore common sense and put Britain first”. The all-encompassing solution proposed is to repeal the UK Human Rights Act and introduce a new British Bill of Rights and Responsibilities. Even though I have uttered doubts as to whether such a Bill could live up to all of its drafters’ expectations, the wide-spread political support for a proposal expressly aimed at reducing the Strasbourg Court’s influence is exceptional. In an attempt to feed the rich debate and analyses on the UKCLA blog, this post places the UK debate in a wider perspective.’

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UK Constitutional Law Association, 27th July 2015

Source: www.ukconstitutionallaw.org

‘Cassie’s law’: 609 drivers lose licence after tougher police power on eye tests – The Guardian

Posted July 27th, 2015 in driving licences, freedom of information, news, police by sally

‘Hundreds of motorists have had their driving licence revoked after failing roadside eye tests under new police powers, figures have shown.’

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The Guardian, 26th July 2015

Source: www.guardian.co.uk

High Court: If you need to revise your budget, act very quickly – Litigation Futures

Posted July 27th, 2015 in budgets, costs, news, time limits by sally

‘There is a “high premium on swift action” when revisiting costs budgets, a High Court judge has warned, questioning why a revised budget was not prepared quicker than four days after the issue that caused it arose.’

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Litigation Futures, 24th July 2015

Source: www.litigationfutures.com

Ex-National Coal Board coke workers’ legal bid landmark – BBC News

Posted July 27th, 2015 in compensation, health & safety, industrial injuries, news by sally

‘Lawyers for more than 350 ex-National Coal Board coke workers are hoping for a landmark High Court ruling in their compensation fight over illnesses.’

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BBC News, 25th July 2015

Source: www.bbc.co.uk

Chilcot: Iraq inquiry needs ‘additional assistance’ from Government to complete its work – The Independent

Posted July 27th, 2015 in inquiries, Iraq, news, war by sally

‘The Iraq Inquiry will require “additional assistance” from the Government to complete its work, chairman Sir John Chilcot has said.’

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The Independent, 25th July 2015

Source: www.independent.co.uk

Assessment of interim rent – New Square Chambers

Posted July 25th, 2015 in landlord & tenant, leases, news, rent, time limits by sally

‘As everyone knows, the court, in the case of a business lease with security of tenure, and subject to certain grounds for refusal, can order the grant of a new business for a term of up to 15 years. The new lease normally now starts from the date of the court order. However there may be a gap between the expiry of the original lease and the start of, or as the case may be, the refusal of a new lease, a gap that may be significant in the case of a hotly contested case. During this interim period, the court can order that the tenant pay an interim rent to the landlord.’

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New Square Chambers, 29th July 2015

Source: www.newsquarechambers.co.uk

Permanent Anonymity and Restricted Reporting Orders – Littleton Chambers

Posted July 25th, 2015 in anonymity, employment tribunals, news, reporting restrictions by sally

‘The ET has the power to order that the identity of individuals named in proceedings be permanently anonymised in any judgment. This power has been expressly embodied in rule 50(3)(b) of the Tribunal Rules of Procedure 2013, although before this rule came into force a similar power already existed, to safeguard an individual’s rights under the European Convention of Human Rights: see F v G [2012] ICR 246.’

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Littleton Chambers, 23rd July 2015

Source: www.littletonchambers.com

Assignment and Ignored Instructions – Littleton Chambers

Posted July 25th, 2015 in assignment, news, transfer of undertakings, unfair dismissal by sally

‘It has long been accepted that the issue of whether an employee is “assigned” to an undertaking or part of an undertaking (and thus is subject to a relevant transfer for the purposes of the TUPE Regulations 2006) is a difficult and multifactorial question the outcome of which can often be difficult to predict.’

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Littleton Chambers, 18th July 2015

Source: www.littletonchambers.com

First Libor, then Forex… the future of banking litigation – 11 Stone Buildings

Posted July 25th, 2015 in banking, contracts, estoppel, interest, news by sally

‘For the immediate future, it is not difficult to identify likely, and plentiful, areas for banking litigation, especially with the ever growing presence of litigation funding making its mark. We identify a few below.’

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11 Stone Buildings, June 2015

Source: www.11sb.com

Bond purchases in the secondary market: liability for misrepresentation following Taberna – 11 Stone Buildings

Posted July 25th, 2015 in news by sally

‘In this article, Jeremy Cousins QC reflects on the landmark judgment in Taberna Europe CDO II plc v Selskabet AFI, focusing his analysis on the misrepresentation claim.’

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11 Stone Buildings, July 2015

Source: www.11sb.com

Insolvency–when can secondary proceedings in other member states be opened? – 11 Stone Buildings

Posted July 25th, 2015 in EC law, insolvency, jurisdiction, news, subsidiary companies by sally

‘Restructuring & Insolvency analysis: Discussing the European Court of Justice’s (ECJ) judgment in Comité d’entreprise de Nortel Networks SA, John Jessup of 11 Stone Buildings says the significant point to be taken from this case is that those who plan to open, or have opened, main insolvency proceedings can do little to prevent secondary proceedings being opened in another member state.’

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11 Stone Buildings, July 2015

Source: www.11sb.com