Man fined for pretending to be ghost in Portsmouth cemetery – The Guardian
‘A man has been fined for pretending to be a ghost and other rowdy behaviour in a cemetery.
The Guardian, 7th August 2014
Source: www.guardian.co.uk
Category: news
English court would not stay “unsustainable” claim to allow it to be tried by a foreign court – OUT-LAW.com
‘English courts would not ‘stay’ legal proceedings involving foreign parties to enable those proceedings to be brought in a court in another country in circumstances where those proceedings are unsustainable, the Court of Appeal has ruled.’
OUT-LAW.com, 7th August 2014
Source: www.out-law.com
The latest on cuts: Lessons for authorities following R (Draper) v Lincolnshire CC – Hardwicke Chambers
‘Mr Justice Collins has handed down judgment in the latest case borne out of government cuts. The judgment provides useful learning to local authorities in particular on how to comply with new duties in relation to expressions of interest under the Localism Act 2011, writes Leon Glenister.’
Hardwicke Chambers, 5th August 2014
Source: www.hardwicke.co.uk
Alfie Sullock death: Michael Pearce nine-year term reviewed – BBC News
‘The nine-year jail sentence of the man convicted of killing baby Alfie Sullock is being reviewed by the Attorney General after complaints it is too lenient.’
BBC News, 7th August 2014
Source: www.bbc.co.uk
The strike down of Superstrike: Where are we now with tenancy deposits? – Hardwicke Chambers
‘Most landlords of residential property take a deposit as security for their tenant’s liabilities. Since 1996 the vast majority of tenancies granted by private landlords and many tenancies granted by Registered Providers of housing have been assured shorthold tenancies (“ASTs”).’
Hardwicke Chambers, 6th August 2014
Source: www.hardwicke.co.uk
Witness statements, Mitchell and CPR rules 3.9 and 32.10 – Sovereign Chambers
‘David Partington and Judy Dawson, barristers in the Sovereign Chambers Civil Team in Leeds, consider the civil procedural difficulties that the late service of witness statements cause for both the defaulting and innocent parties, given the interplay of, “Jackson”, Denton, and the cases dealing with sanction for late service of witness statements.’
Sovereign Chambers, 16th July 2014
Source: www.sovereignchambers.co.uk
Bite Size RTA Case Law Update – Zenith Chambers
‘Road traffic accidents are notoriously fact specific, but looking at those cases which go to trial can be helpful in terms of understanding what judges think is important. Here I look at three very different recent cases. In Jade Christian v. South East London & Kent Bus Co.the court reiterated that appellate courts have to exercise the greatest restraint before overturning findings of fact made at first instance. In Gray v. Botwright the Court of Appeal went against the general principle that drivers are entitled to assume that no traffic will be crossing against a red light. In Gupta v. Armstrong & Anor a coach driver who was carefully executing a manoeuvre and failed to see a pedestrian who was trying to flag him down to board was not found to have been negligent to any degree.’
Full story (PDF)
Zenith Chambers, 22nd July 2014
Source: www.zenithchambers.co.uk
Understanding Serious Brain Injury – No. 5 Chambers
‘At any time, as those who have suffered a serious injury to the brain or have been close to someone who has will know, your life can be turned upside down in less than a fated second. The first news of a serious traumatic event is shocking, thoughts often turn to simply holding onto life and then anxiety over the serious permanent disability which may follow; in the mind of those involved it is very much the physical disabilities which are at the forefront.’
No. 5 Chambers, 16th July 2014
Source: www.no5.com
Private landlords and article 8 – Are we there yet? – Hardwicke Chambers
‘At the time of the decisions in Manchester City Council v Pinnock [2011] 2 AC 104 and Hounslow v Powell [2011] 2 AC 186 it was thought that a seismic shock wave would be sent through the Courts requiring them in every claim for possession of residential premises by a public sector landlord to undertake a time consuming balancing exercise to assess the “proportionality” of making an order for possession. The Courts, it was thought, would be overwhelmed. This has in fact not proved to be the case. The County Court has become adept at weeding out the weak cases early on and even where the article 8 point is run to trial the Court has, by and large, been robust in its approach. The one issue which has remained unresolved for a surprisingly long time is the question of the extent to which the principles set out in Powell and Pinnock would apply in a possession claim where the land owner is a private individual and not part of the public sector.’
Hardwicke Chambers, 4th August 2014
Source: www.hardwicke.co.uk
A new PD for Insolvency Proceedings: minor changes can still trip you up – 11 Stone Buildings
‘With very little fanfare indeed, a new Practice Direction for Insolvency Proceedings came into effect on 29 July 2014, replacing that of February 2012. The changes between the 2012 and 2014 Insolvency Practice Directions are minor, but have the potential to trip up practitioners. Thomas Robinson sets out the three main areas to note.’
Full story (PDF)
11 Stone Buildings, August 2014
Source: www.11sb.com
Selwyn Bloch QC & Charlene Hawkins Comment on Court of Appeal Decision Prophet PLC V Huggett – Littleton Chambers
‘The Empire Strikes Back? Triumph of the Literal Interpretation of Restrictive Covenant Prophet Plc V Christopher Huggett [2014] Ewca Civ 1013 (22 July 2014)’
Littleton Chambers, 23rd July 2014
Source: www.littletonchambers.com
The risks – and costs – of choosing not to mediate – Hardwicke Chambers
‘Mediation is a flexible, and generally cost effective way of resolving disputes outside of the courtroom. Although mediation is growing in popularity, particularly in run-of-the-mill commercial disputes, there are still instances where the parties, given the option to mediate, choose to litigate. Such a choice comes with a high degree of risk, as emphasised by a recent decision of the High Court in Manchester – Garritt-Critchley v Ronnan [2014] EWHC 1774 (Ch).’
Hardwicke Chambers, 18th July 2014
Source: www.hardwicke.co.uk
Fair or foul: sport and the law – Henderson Chambers
‘The question is: how does one earn a living in sport? By skill? Hand-eye coordination? Fancy footwork? Fast reactions? By luck? By cheating – and getting away with it? Or none of these. As far as we are concerned, the living is earned in the law. The law by, with, to and from all aspects of sport because a legal principle from every page of every textbook will apply somewhere in the entire spectrum of sports activities on and off the field. Think of the law that applies to staff, betting,merchandising of team brands, the corrections of misdemeanours and their effects, ownership of buildings, copyright issues. If I just do a list, it will go on forever. I do not have “a little list.” Mine is endless and what I propose to do is to follow, if not the rules, then the pattern of sport by touching on a topic haphazardly then running back, in an intellectual sort of way, to the other side of the court before starting again on a different tack. There are so many sporting metaphors to mix.’
Full story (PDF)
Henderson Chambers, 8th July 2014
Source: www.hendersonchambers.co.uk
Shareholder democracy in shackles? – 11 Stone Buildings
‘Lexa Hilliard QC and Sarah Clarke discuss the potential ramifications of the first Court of Appeal decision in Burry & Knight Ltd V Martin John Murless Knight (2014) [2014] EWCA Civ 604 on new provisions in the Companies Act 2006 which limit access to the register of members.’
Full story (PDF)
11 Stone Buildings, July 2014
Source: www.11sb.com
Damages for disrepair – Long leasehold properties – Hardwicke Chambers
‘A leaseholder with a leaking roof or defective shared heating system faces two questions: Who is responsible for undertaking the necessary repairs to the building and internal repairs to their property and how will it be paid for?’
Hardwicke Chambers, 4th July 2014
Source: www.hardwicke.co.uk
Dewsbury couple win spare bedroom housing benefit fight – BBC News
‘A couple from West Yorkshire who went to court to challenge a cut to their housing benefit have won their case.’
BBC News, 7th August 2014
Source: www.bbc.co.uk
Trading “with a view to the making of a profit” – an objective or subjective test? – RPC Commercial Disputes Blog
‘In Beacon Estates (Chepstow) Ltd v HMRC [2014] UKFTT 686 (TC), the First-tier Tribunal (Tax Chamber) (‘FTT’) allowed the taxpayer’s appeal, holding that ‘with a view to’ in section 393A(3), Income and Corporation Taxes Act 1988 (‘ICTA’)[1] imports an objective test when considering relief for trading losses.’
RPC Commercial Disputes Blog, 6th August 2014
Source: www.rpc.co.uk
Cheltenham man murdered his ex-wife and hid body in bed – The Guardian
‘A man who murdered his ex-wife and hid her body in her own bed, where it lay undiscovered for three weeks, has been jailed for at least 16 years.’
The Guardian, 6th August 2014
Source: www.guardian.co.uk
‘Hardcore’ criminals with 100 convictions avoid prison – Daily Telegraph
‘A “hardcore” of repeat offenders, some with more than 100 convictions, are avoiding prison in record numbers, ministers have admitted.’
Daily Telegraph, 6th August 2014
Source: www.telegraph.co.uk
Top judge authorises court to cover legal aid in challenge to government – The Guardian
‘One of the most senior judges in England and Wales has thrown down a direct challenge to the government over legal aid by suggesting courts spend money in defiance of Ministry of Justice cuts to ensure justice is done.’
The Guardian, 6th August 2014
Source: www.guardian.co.uk
