In defence of the jury trial – Attorney General’s Office
‘Speech on the jury system and the challenges it faces, given as part of Politeia’s justice series.’
Attorney General’s Office, 12th December 2013
Source: www.gov.uk/ago
Category: news
Court of Appeal decision on limitation periods could have adverse consequences for contracting parties, says expert – OUT-LAW.com
‘A recent court decision which changed the point at which the six years within which a contractor must begin litigation in the courts starts to run could lead to uncertainty for the successful party to an earlier adjudication, an expert has said.’
OUT-LAW.com, 12th December 2013
Source: www.out-law.com
Asda car park death: Alan Watts guilty of manslaughter – BBC News
‘A man has been jailed for five years for punching and killing another man during a row over a disabled space in a supermarket car park.’
BBC News, 12th December 2013
Source: www.bbc.co.uk
Sons of man who left fortune to BNP in court battle to claim money – Daily Telegraph
‘When English man died in Spain he bequeathed his entire estate worth £389,000 to the British National Party, court hears.’
Daily Telegraph, 12th December 2013
Source: www.telegraph.co.uk
Exclusive: High Court grants first post-Mitchell relief from sanctions – Litigation Futures
‘The relationship between justice and procedure “has not changed so as to transform rules and rule compliance into trip wires”, the High Court said this week in the first significant post-Mitchell ruling where relief from sanctions was granted.’
Litigation Futures, 13th December 2013
Source: www.litigation.com
FGM: Britain’s first ever criminal charges could be brought as cases reopened – Daily Telegraph
‘Home Office minister Norman Baker welcomes the development which could see charges brought for the first time against doctors and other individuals suspected of involvement in female genital mutilation.’
Daily Telegraph, 12th December 2013
Source: www.telegraph.co.uk
Trial judge rebukes David Cameron over remarks about Nigella Lawson – The Independent
‘The jury in the trial of two former personal assistants accused of defrauding Nigella Lawson and Charles Saatchi has been told to disregard comments made by the Prime Minister David Cameron about the Domestic Goddess author.’
The Independent, 12th December 2013
Source: www.independent.co.uk
Official watchdog says university sex segregation plans ‘not permissible’ – Daily Telegraph
‘Exclusive: The Equality and Human Rights Commission steps into the row over controversial guidelines which said gender segregation on campus should be allowed.’
Daily Telegraph, 12th December 2013
Source: www.telegraph.co.uk
Deprivation of Liberty: current approach leaves vulnerable clients with limited protection, writes Laura Davidson – No. 5 Chambers
‘In P and Q v Surrey County Council & Others [2011] EWCA Civ 190, the Court of Appeal approved Parker J’s suggested new “relative normality” test for assessing whether or not someone was being deprived of their liberty. If someone’s disabilities and difficulties necessitate assistance which is a significant interference in their life regardless of where they reside, then they are living a relatively normal life ‘for them’. Thus the circumstances are unlikely to amount to a deprivation. This concept purports to emanate from Engel v Netherlands (1976) 1 EHRR 647, despite its focus on the limitations of the army regime upon a soldier’s lifestyle, rather than a person’s individual characteristics (see ‘Turning back the clock’, SJ Vol. 156, No. 22, 10-13).’
No. 5 Chambers, 9th December 2013
Source: www.no5.com
Lawyers want whistleblowing rules simplified – No. 5 Chambers
‘The Employment Lawyers Association (ELA) has called for changes to the law on whistleblowing.’
No. 5 Chambers, 4th December 2013
Source: www.no5.com
Gay discrimination and Christian beliefs – Bull v Hall in the Supreme Court – Legal Week
‘The recent confirmation by the Supreme Court that it was unlawful discrimination for Christian hotel owners to refuse a double-bedded room to a same-sex couple was of considerable interest as the latest in a string of high-profile cases involving religious belief and discrimination on the basis of sexual orientation (and the first such judgment involving the highest court in the land).’
Legal Week, 12th December 2013
Source: www.legalweek.com
Case Law developments on recusal – No. 5 Chambers
‘The circumstances in which a Judge or a Tribunal Member might be requested or required to recuse themselves is considered by Gemma Roberts together with the relevant case law.’
No. 5 Chambers, 4th December 2013
Source: www.no5.com
309 offences including ‘incorrigible rogue’ taken off statute book – Daily Telegraph
‘”Being an incorrigible rogue”, under the Vagrancy Act 1824, is one of 309 offences to be repealed and removed from the statute book in the year up until May.’
Daily Telegraph, 12th December 2013
Source: www.telegraph.co.uk
Government publishes TUPE amendment regulations – No. 5 Chambers
‘As predicted in our autumn newsletter, the Government has now published its proposed amendments to TUPE.’
No. 5 Chambers, 4th December 2013
Source: www.no5.com
Corporate failure and its implications for professionals advising before insolvency – 11 Stone Buildings
‘Professional negligence cases frequently deal with claims that arise after an insolvency occurs. During a recent 11 SB insolvency seminar, Lexa Hilliard QC focused on problems that can arise for accountants and solicitors prior to a company entering into a formal insolvency process. This is an area that has attracted little attention but it can be full of pitfalls that we professionals ignore at our peril. In
this ‘Insider’ she summarises herthoughts on what is becoming a very topical issue.’
11 Stone Buildings, December 2013
Source: www.11sb.com
What role does mediation play in social housing? – Hardwicke Chambers
‘At a case management hearing in the LVT (as it then was) back in March 2013, the chair said that, whilst normally he would direct that the parties to that dispute should attempt mediation, he was aware that it was “usually pointless” doing so where public funds are at stake as public bodies generally cannot justify the arbitrary reductions that can be necessary for a mediation to succeed, and fear creating some form of precedent. Misguided as I thought the chair was, it did seem likely that he might have been speaking from many years of experience.’
Hardwicke Chambers, 3rd December 2013
Source: www.hardwicke.co.uk
When private counselling is a reasonable adjustment under the Equality Act? – No. 5 Chambers
‘The case of Crofts Vets and others v Butcher 2013 UKEAT/0430/12/LA and UKEAT/0562/12/LA is perhaps an unusual but important illustration of how far the duty to make reasonable adjustments under disability discrimination legislation goes (now Section 20 of the Equality Act 2010).’
No. 5 Chambers, 4th December 2013
Source: www.no5.com
Unfair dismissal complaint ‘not reasonably practicable’ despite lack of medical evidence – No. 5 Chambers
‘The EAT, Mr Justice Langstaff sitting alone, has recently looked again at the application of the ‘reasonably practicable’ test in circumstances where a claim for unfair dismissal was lodged after the three month deadline had expired.’
No. 5 Chambers, 4th December 2013
Source: www.no5.com
A note on equitable rectification – Hardwicke Chambers
‘Equitable rectification provides a separate, distinct and interesting remedy that is available to cure errors in executed agreements. The availability of the remedy can often be critical in circumstances, for example, where the transaction requires registration at the Land Registry or third party rights and interests are affected by the agreements. In landlord and tenant and real estate transactions the remedy has been granted in a myriad of circumstances ranging from disputes about break clauses, rent review, real estate transfers or sale and leaseback agreements. Rectification in these is therefore of more than passing academic interest, its grant nullifying potentially disastrous consequences when an executed agreement incorrectly records the agreement made between the parties. ‘
Hardwicke Chambers, 5th December 2013
Source: www.hardwicke.co.uk
