‘On 13 March 2014 the Court of Appeal handed down judgment in the case of Rogers & Rogers v Hoyle. The appeal deals with two significant issues that can arise in any area of civil practice: the status and admissibility of opinion evidence outside of CPR Part 35 and the extent of the long-standing rule in Hollington v Hewthorn.’
Henderson Chambers, 13th March 2014
Source: www.hendersonchambers.co.uk
‘This article questions the decision in ARM Asset-Backed Securities S.A. [2013] EWHC 3351 CH which found that a company was insolvent despite a contractual limited recourse provision which provided that the company was not liable to pay its bondholders more than its available funds.’
11 Stone Buildings, February 2014
Source: www.11sb.com
‘Jimmy Savile died on 29 October 2011. The current value of his estate, after allowing for a range of expenses that have been incurred, was about £3.3 million. Jimmy Savile left a will. The executor of the will and Jimmy Savile’s personal representative was National Westminster Bank plc (“the Bank”). Various individuals were named in the will as beneficiaries (“the individual beneficiaries”). These included a small number of close relatives and friends, each of whom was given a relatively modest bequest. However, under the will, the bulk of the residue of Jimmy Savile’s estate was left to the Jimmy Savile Charitable Trust (“the Trust”). That Trust was intended to serve a number of very worthwhile and valid charitable causes, including Help for Heroes.’
Sovereign Chambers, 19th March 2014
Source: www.sovereignchambers.co.uk
‘When a religious believer wears a religious symbol to work can their employer object? The question brings corporate dress codes and expressions of religious belief into sharp conflict. The employee can marshal discrimination and human rights law on the one side, whereas the employer may argue that conspicuous religion makes for bad business.’
OUP Blog, 26th March 2014
Source: www.blog.oup.com
‘Michael Jones, barrister of 15 Winckley Square Chambers, offers a guide to practitioners conducting care proceedings involving families with European origins.’
Family Law Week, 25th March 2014
Source: www.familylawweek.co.uk
An English Judge in Europe (PDF)
Speech by The Rt Hon. Lady Justice Arden
Judiciary of England and Wales, 11th March 2014
Source: www.judiciary.gov.uk
‘The Law Commission is recommending that a new online service be established to help journalists and publishers reporting criminal trials discover whether reporting restrictions are in force and, if so, why. The service would be open to all publishers, from large media organisations to individual bloggers.’
Law Commission, 26th March 2014
Source: www.lawcommission.justice.gov.uk
‘The latest in a series of village green cases to reach the Supreme Court will be heard next week by a five-judge panel led by Lord Neuberger.’
Local Government Lawyer, 25th March 2014
Source: www.localgovernmentlawyer.co.uk
‘Damian Green, Justice minister, announces new powers for magistrates to ensure new supervision orders are met.’
Daily Telegraph, 25th March 2014
Source: www.telegraph.co.uk
‘The Convention for the Protection of Human Rights and Fundamental Freedoms did not impose an obligation on the Secretary of State for Foreign and Commonwealth Affairs or the Secretary of State for Defence to conduct an inquiry into deaths occurring in 1948 in Malaya before the Convention was adopted and the United Kingdom acceded to the Convention. Likewise no duty arose under customary international humanitarian law which was enforceable at common law. Nor was the decision of the Secretaries of State to exercise their discretion not to establish a public inquiry vitiated on public law grounds.’
WLR Daily, 19th March 2014
Source: www.iclr.co.uk
‘A new court system that is being set up to handle disputes about unitary patents may not be operational until 2016, the group established to deliver the new system has said.’
OUT-LAW.com, 24th March 2014
Source: www.out-law.com
‘Offenders are choosing to spend extra time in jail rather than pay confiscation orders and the sanctions for such non-payment do not work, the Public Accounts Committee has said.’
Local Government Lawyer, 24th March 2014
Source: www.localgovernmentlawyer.co.uk
‘Frequently people think that there are only two ways address flexibility in a constitution: to legally entrench an entire document and to protect it with strong judicial oversight, or to have a political constitution and a sovereign parliament, which, in the words of A.V. Dicey, ‘has … the right to make or unmake any law whatever….’ One aspect of this sovereignty is that parliament cannot bind itself: ‘That Parliaments have more than once intended and endeavoured to pass Acts which should tie the hands of their successors is certain, but the endeavour has always ended in failure.’’
UK Constitutional Law Association, 25th March 2014
Source: www.ukconstitutionallaw.org
‘One of the world’s leading offshore law firms has been knocked back by a judge quoting Karl Marx, after seeking a waiver from the Isle of Man Law Society’s indemnity insurance requirements.’
Legal Futures, 25th March 2014
Source: www.legalfutures.co.uk
‘It is difficult to have missed the hype surrounding Google Glass (referred to simply as “Glass”), not only because of its futuristic technological capabilities and design, but also the concerns it raises for an individual’s Art 8 right to privacy.’
Halsbury’s Law Exchange, 24th March 2014
Source: www.halsburyslawexchange.co.uk
‘A priest who sexually assaulted seven children before spending more than two decades on the run in Spain has been jailed.’
BBC News, 24th March 2014
Source: www.bbc.co.uk
‘Has the DPP picked the right target for a landmark legal case against a barbaric medical practice? Jeremy Laurance talks to Dr Katrina Erskine.’
The Independent, 24th March 2014
Source: www.independent.co.uk
‘Justice Secretary Chris Grayling says new prison policies are not denying inmates access to books, despite criticisms from high-profile authors.’
BBC News, 25th March 2014
Source: www.bbc.co.uk
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