In Too Deep – Zenith Chambers
“Kate Mckinlay considers the impact of the recent Supreme Court decision in Woodland v Essex County Council UKSC 2013.”
Full story (PDF)
Zenith Chambers, 25th October 2013
Source: www.zenithchambers.co.uk
Category: news
Mediation: No duty to put meat on the bones – Hardwicke Chambers
“The scent and smoke and sweat of a mediation can be nauseating at three in the morning, as Ian Fleming might have written had he declined a successful career as a thriller writer in favour of the less glamorous life of a commercial litigator. It is a sentiment which clearly resonates even in the Court of Appeal, as revealed in the Court’s judgment in Frost v Wake Smith & Tofields [2013] EWCA Civ 772 last month.”
Hardwicke Chambers, 17th October 2013
Source: www.hardwicke.co.uk
Where now for mediation? Extending the Halsey guidelines – 11 Stone Buildings
“Since the case of Halsey v Milton Keynes General NHS Trust [2004] 1 WLR 3002, the manner in which the Court may encourage parties to settle their disputes by mediation has been largely settled. Thus, the court should not compel parties to mediatebut it may engage in robust encouragement. Importantly, a successful party may be deprived of some or all of its costs if it unreasonably refuses to mediate. The burden is on the unsuccessful party to demonstrate unreasonableness.”
Full story (PDF)
11 Stone Buildings, October 2013
Source: www.11sb.com
Jackson: 6 months on – Zenith Chambers
“It is now almost 6 months since the Brave New World of Jackson. This article considers the impact of the reforms and stated ‘culture change’.”
Full story (PDF)
Zenith Chambers, 25th October 2013
Source: www.zenithchambers.co.uk
Green v RBS: Lessons in Interest-Rate Hedge Products Litigation – Littleton Chambers
“Interest- Rate Hedge Products (‘IRHPs’) include a variety of different products sold to customers to help protect them against interest rate risk. The down side is that such products are often complex and structured to produce adverse financial effects for the customer if the Bank of England Base Rate (‘Base Rate’) goes down. And we all know that is exactly what has happened in recent years. This has given rise to a wave of IRHP mis-selling claims.”
Littleton Chambers, 23rd October 2013
Source: www.littletonchambers.com
Is this the end for Swap Mis-selling Claims? – No. 5 Chambers
“One of the difficulties encountered when advising clients as to the merits of their claim that they have been mis-sold an Interest Rate Hedging Product (IRHP), usually an Interest Rate Swap, is the paucity of decided case law concerning the sale of such products.”
No. 5 Chambers, 21st October 2013
Source: www.no5.com
NCA suffers Supreme Court defeat on assets recovery marshalling claim – 11 Stone Buildings
“On 23 October 2013, the Supreme Court gave judgment in Szepietowski v. the National Crime Agency (formerly the Serious Organised Crime Agency, ‘SOCA’). The case is now the leading authority on the marshalling of securities and will be of interest to those advising banks and other businesses involved in secured lending. The case, however, will also be of general interest in light of the Court’s consideration of the principles applicable to the construction of settlement agreements which involved the Court distinguishing the decision of the House of Lords in Bank of Credit and Commerce International v. Ali [2002] 1 AC 251.”
Full story (PDF)
11 Stone Buildings, 23rd October 2013
Source: www.11sb.com
Jackson: six months on – New Law Journal
“Dominic Regan serves up a survival guide.”
New Law Journal, 29th October 2013
Source: www.newlawjournal.co.uk
Too Many Law Students, Not Enough Jobs? – BBC Law in Action
“Joshua Rozenberg investigates claims that too many students are training to be lawyers in a time when jobs in the legal profession are scarce.”
BBC Law in Action, 29th October 2013
Source: www.bbc.co.uk
Hazel Bailey death: Husband jailed for walking stick killing – BBC News
“A 74-year-old man suffering from dementia who brutally beat his wife to death with a walking stick in a row over the heating has been jailed.”
BBC News, 29th October 2013
Source: www.bbc.co.uk
Sainsbury’s vs Tesco dispute winds up in court – The Independent
“A bitter dispute between Sainsbury’s and Tesco is set to hit the courts after the UK’s second biggest supermarket said it would seek a judicial review into the advertising watchdog’s decision not to uphold a complaint against their bigger rival.”
The Independent, 30th October 2013
Source: www.independent.co.uk
Former Kingston Council leader jailed for child abuse images – BBC News
“The former leader of Kingston Borough Council has been jailed for two years for downloading nearly 2,850 images and 293 movies showing child abuse.”
BBC News, 29th October 2013
Source: www.bbc.co.uk
Jeremy Hunt loses appeal as Lewisham hospital cuts ruled illegal – The Guardian
“The health secretary suffered another embarrassing legal defeat on Tuesday when appeal court judges ruled he had acted illegally in cutting A&E and maternity services at Lewisham hospital in south-east London.”
The Guardian, 29th October 2013
Source: www.guardian.co.uk
The courts are secular, says top family judge – Law Society’s Gazette
“The law has a neutral view of religious belief, the president of the Family Division said today, stressing the secular nature of the judges’ job.”
Law Society’s Gazette, 29th October 2013
Source: www.lawgazette.co.uk
Press regulation: The 10 major questions – BBC News
“The Royal Charter on press regulation is expected to be approved later. What are the major questions that have defined the debate?”
BBC News, 30th October 2013
Source: www.bbc.co.uk
Owners of killer dogs face 14 years in jail – The Guardian
“Owners of dogs involved in a fatal attack face up to 14 years in prison under government plans published on Tuesday. The proposals, announced by the environment secretary, Owen Paterson, would also introduce a maximum jail term of five years for owners if a person is injured by their dog.”
The Guardian, 29th October 2013
Source: www.guardian.co.uk
Undercover police to be banned from having sexual relationships with targets – Daily Telegraph
“New rules will stop undercover officers having intimate relationships with people they are investigating, following concern over series of cases.”
Daily Telegraph, 29th October 2013
Source: www.telegraph.co.uk
‘British justice on trial’: Judge urges phone-hacking jury to consider only the evidence presented to them – The Independent
“The jury that will decide the guilt or innocence of Rebekah Brooks, Andy Coulson and six other defendants was sworn in at the Old Bailey with a warning from the judge that ‘British justice is on trial’.”
The Independent, 30th October 2013
Source: www.independent.co.uk
Supreme court to make final ruling on Poundland case – The Guardian
“The UK supreme court will hand down judgment on Wednesday morning in what is expected to be the final chapter in a long-running dispute between the Department of Work and Pensions and former jobseeker Cait Reilly over the legality of so-called workfare schemes.”
The Guardian, 30th October 2013
Source: www.guardian.co.uk
The IALS Think Tank on Law Reform – Institute of Advanced Legal Studies
“The IALS Think Tank is an initiative aiming to collect the valuable expertise of the many Fellows and staff of the IALS, invite proposals for law reform, selecting the most appropriate one, offering feedback and advice for its refinement, endorsing the final product, and submitting it to the Commission in time for its consideration in the public consultation for its programmes.”
Institute of Advanced Legal Studies, 22nd October 2013
Source: www.ials.sas.ac.uk
