Obtaining a defendant’s insurance details – Hardwicke Chambers

‘In XYZ v Various [2013] EWHC 3648, Mrs Justice Thirlwall is managing group litigation in which nearly 1000 women seek damages from companies running hospitals for supplying them with defective implants manufactured by the French company, PIP, for use in breast implant surgery. Some of the claimants also bring actions against the providers of credit cards pursuant to the Consumer Credit Act 1984 (as amended by the 2006 Act) and some bring actions against the surgeons who carried out the surgery. The total value of the claims is in the region of £13m plus costs on both sides. The court has held a number of case management hearings culminating finally in a timetable leading to trial in October 2014 on three issues in four sample cases in which Transform Medical Group (CS) Ltd (“Transform”) is, effectively, the lead defendant.’

Full story

Hardwicke Chambers, 13th January 2014

Source: www.hardwicke.co.uk

Another one bites the dust – life post Jackson and “Mitchell” – Sovereign Chambers

Posted January 22nd, 2014 in appeals, civil procedure rules, disclosure, news, sanctions by sally

‘This is an important case on the question of the correct approach where there has been default in respect of a sanction imposed by the court under the new “post- Jackson” regime, both in terms of the appropriate structure of applications for relief against sanctions. The Court of Appeal overturned the decision of the deputy high court judge and refused to entertain a second application for relief against sanctions where a previous judge had ordered that the defence and counterclaim be struck out.
The history of litigation and orders is slightly complex but has to be understood.’

Full story

Sovereign Chambers, 20th January 2014

Source: www.sovereignchambers.co.uk

Judge warns jury of wrongful prejudice over defendant’s Muslim face veil – The Guardian

‘A judge warned a jury on Wednesday that it was wrong to be prejudiced against anyone because of their expression of religious faith, as a Muslim defendant prepared to go on trial wearing a full face veil.’

Full story

The Guardian, 22nd January 2014

Source: www.guardian.co.uk

Thank the Lords! – Sovereign Chambers

Posted January 22nd, 2014 in ASBOs, bills, injunctions, news, nuisance, parliament by sally

‘If last Wednesday’s vote in the House of Lords was not a reminder as to why we need a second house to protect us then nothing will be. Many members of the public will not realise just how close this country came to fundamentally damaging the democratic society we live in and abandoning the principle of free speech, whilst simultaneously providing an unwieldy weapon against practically anybody for doing pretty much anything that another person does not like.’

Full story

Sovereign Chambers, 15th January 2014

Source: www.sovereignchambers.co.uk

How long do I have? – Hardwicke Chambers

Posted January 22nd, 2014 in appeals, arbitration, contracts, limitations, news, restitution by sally

‘Until recently it was unclear how long a party who lost in an adjudication, and had to pay money to the winning party, had to bring a subsequent claim for recovery of those monies. The position has recently been resolved by the Court of Appeal in the case of Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc [2013] EWCA Civ 1541 but the discussion had started earlier with the case of Jim Ennis Construction Ltd v Premier Asphalt Ltd [2009] EWHC 1906 (TCC).’

Full story

Hardwicke Chambers, 15th January 2014

Source: www.hardwicke.co.uk

Law and Democracy – Six Pump Court

Posted January 22nd, 2014 in courts, criminal justice, news by sally

‘The basis of the English criminal law is to protect property. An illustration of this fundamental principle of English jurisprudence was enshrined most notoriously in the Black Act of the eighteenth century which was introduced in an atmosphere of considerable social disquiet by the ruling classes in order to quell the unrest directed at the chattels and property of the ruling classes and which was perceived at that time as a challenge to the then social order.’

Full story (Word)

Six Pump Court, 16th January 2014

Source: www.6pumpcourt.co.uk

Mitchell Part Two: a practical view from the Bar – Littleton Chambers

Posted January 22nd, 2014 in appeals, case management, civil procedure rules, delay, news, sanctions by sally

‘In his monthly column, James Bickford Smith discusses Durrant v Chief Constable of Avon and Somerset Constabulary [2013] EWCA Civ 1624 in which the Court of Appeal, after its decision in Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1537, took further eye-catching steps to impose the new approach to relief from sanctions.’

Full story

Littleton Chambers, 8th January 2014

Source: www.littletonchambers.com

Court’s permission needed to extend time for service of witness statements – Hardwicke Chambers

Posted January 22nd, 2014 in agreements, civil procedure rules, courts, news, service, time limits, witnesses by sally

‘In almost every litigated case the parties usually find themselves needing to vary the dates of some directions. This can be done by way of written agreement between the parties and is allowed by CPR 2.11.’

Full story

Hardwicke Chambers, 22nd January 2014

Source: www.hardwicke.co.uk

“I read it in the newspaper”: The current spate of ancillary relief negligence claims raising near identical section 14A arguments – Hardwicke Chambers

Posted January 22nd, 2014 in financial provision, limitations, negligence, news, pensions, valuation by sally

‘In ancillary relief proceedings, the largest assets are frequently the divorcing couple’s matrimonial home and pension rights. Whilst it is usually straightforward to ascertain the value of the former, accurately achieving this for the latter can be a highly technical exercise. Solicitors’ alleged failure to analyse pension transfer values is the subject of a spate of negligence claims currently being brought by former clients. No case is yet to be reported, but it is expected that a number will be during 2014.’

Full story

Hardwicke Chambers, 13th January 2014

Source: www.hardwicke.co.uk

Some limitations on setting aside vulnerable mortgage transactions – 11 Stone Buildings

Posted January 22nd, 2014 in limitations, mortgages, news, setting aside, undue influence by sally

‘The landmark decision of the House of Lords Royal Bank of Scotland v Etridge (No 2) [2002] 2 AC 773
described the circumstances which render a lending transaction by a bank vulnerable to a challenge for undue influence and provided guidance to bankers as to which steps they would need to take in order to protect their lending, and any security to be taken, from challenge. Several cases decided since Etridgehave demonstrated the breadth of the scope for challenge where bankers have failed to follow the guidance, while others have highlighted some constraints on effective challenges based upon undue influence. Jeremy Cousins QC discussed this topic at a recent lecture of the Chancery Bar Association and shares his thought in this detailed ‘Insider’.’

Full story

11 Stone Buildings, January 2014

Source: www.11sb.com

Court of Appeal ignores Strasbourg ruling on police detention – BBC News

Posted January 22nd, 2014 in appeals, demonstrations, detention, human rights, news, police by sally

‘The Court of Appeal has backed the police over “pre-emptive” arrests during the 2011 Royal Wedding – and ignored a European Court ruling on the issue.’

Full story

BBC News, 22nd January 2014

Source: www.bbc.co.uk

Ofgem accuses Npower of ‘misleading’ report – BBC News

Posted January 22nd, 2014 in consumer protection, energy, news, reports by sally

‘A report by power supplier Npower, claiming bills will rise due to higher energy distribution costs, has been dismissed by regulator Ofgem as “misleading”.’

Full story

BBC News, 22nd January 2014

Source: www.bbc.co.uk

Supreme Court rejects HS2 legal bid – BBC News

Posted January 22nd, 2014 in bills, consultations, EC law, environmental protection, news, railways by sally

‘The Supreme Court has rejected a legal bid by objectors of the HS2 national high-speed rail link to force further scrutiny of the government’s plans.’

Full story

BBC News, 22nd January 2014

Source: www.bbc.co.uk

Mike Hancock MP council report will not be published – BBC News

Posted January 22nd, 2014 in local government, news, professional conduct, reports, sexual offences by sally

‘A report which found Liberal Democrat MP Mike Hancock breached a council code of conduct over alleged behaviour towards a “vulnerable” woman, will not be published.’

Full story

BBC News, 21st January 2014

Source: www.bbc.co.uk

Watchdog slams MoJ for inadequate assessment of ‘enhanced’ court fees impact – Litigation Futures

Posted January 22nd, 2014 in courts, fees, Ministry of Justice, news by sally

‘The impact assessment (IA) accompanying the Ministry of Justice’s plans to charge some court users fees in excess of cost price is not fit for purpose, a government watchdog has declared.’

Full story

Litigation Futures, 22nd January 2014

Source: www.litigationfutures.com

Baby’s organs ‘were kept for 15 years’, says mum – BBC News

Posted January 22nd, 2014 in children, consent, human tissue, news, pathologists by sally

‘The mother of a baby who died from cot death in 1998 has said his organs were kept for 15 years without her consent.’

Full story

BBC News, 21st January 2014

Source: www.bbc.co.uk

Law students should be prepared for fierce competition after graduating – The Guardian

Posted January 22nd, 2014 in legal education, loans, news, Northern Ireland, trainee solicitors by sally

‘When it comes to securing a training contract, it’s often not what you know but who you know that matters.’

Full story

The Guardian, 21st January 2014

Source: www.guardian.co.uk

Crime stats: The truth is out there – BBC News

Posted January 22nd, 2014 in crime, news, statistics by sally

‘Last week, the UK Statistics Authority, the watchdog that oversees the publication of official data, said it could no longer approve crime figures based on information recorded by the police in England and Wales.’

Full story

BBC News, 21st January 2014

Source: www.bbc.co.uk

Gambling regulator explores options for warning consumers about unlicensed betting sites – OUT-LAW

Posted January 22nd, 2014 in gambling, internet, licensing, news by sally

‘The Gambling Commission has held talks with a number of internet service providers (ISPs) in an effort to find ways to combat unlicensed online betting in Great Britain.’

Full story

OUT-LAW.com, 21st January 2014

Source: www.out-law.com

Birmingham riots: Conviction and sentence appeals dismissed – BBC News

Posted January 22nd, 2014 in appeals, arson, firearms, news, sentencing, violent disorder by sally

‘Seven men who were detained after shots were fired at police during riots have had appeals against their sentences and convictions dismissed.’

Full story

BBC News, 21st January 2014

Source: www.bbc.co.uk