Bleak Choses? Trusting in equity – Practical Law: Construction Blog

Posted October 10th, 2019 in assignment, equity, news, third parties, trusts, warranties by tracey

‘For many common lawyers – certainly me – trusts and equity seem exotic things. At one point, I supposed the closest I would get to equity in action was by reading Bleak House, which in length and majesty even rivals some of the equity textbooks. But in this (as many other things) I was proved wrong. One cannot properly understand the law of assignment – a bedrock of the commercial construction lawyer’s practice – without comprehending equitable assignment. And it is at the outer fringes of assignment where one may bump – or even lapse – into trusts.’

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Practical Law: Construction Blog, 9th October 2019

Source: constructionblog.practicallaw.com

Court has no power to require Cafcass to undertake work with non-subject child, judge rules – Local Government Lawyer

‘A court has no power to require Cafcass to appoint one of its officers, whether a children’s guardian or otherwise, to undertake any work with or play any role with a non-subject child, a High Court judge has concluded.’

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Local Government Lawyer, 1st Octoer 2019

Source: www.localgovernmentlawyer.co.uk

Cape Intermediate Holdings Ltd v Dring (Asbestos Victims Support Groups Forum UK) [2019] UKSC 38 – Hardwicke Chambers

‘In this case, the UKSC held that courts have an inherent jurisdiction independent of the CPR to order non-party access to court documents under the constitutional principle of open justice. This, however, is to be balanced against both any countervailing interests in refusing access, and the principle of practicality and proportionality.’

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Hardwicke Chambers, 28th August 2019

Source: hardwicke.co.uk

Supreme Court rules that all courts and tribunals are subject to the open justice principle – 4 KBW

‘The Supreme Court has ruled in the case of Cape Intermediate Holdings Ltd v Dring (Asbestos Victims Support Groups Forum UK) [2019] that all courts and tribunals that exercise the judicial power of the state are subject to the ‘open justice’ principle.’

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4 KBW, 6th August 2019

Source: www.4kbw.net

Case Comment: Cape Intermediate Holdings Ltd v Dring (for and on behalf of Asbestos Victims Support Groups Forum UK) [2019] UKSC 38 – UKSC Blog

Posted August 8th, 2019 in civil procedure rules, documents, news, Supreme Court, third parties by tracey

‘In a decision described as a “victory for open justice”, the Supreme Court has held that non-parties to litigation are entitled to access certain documents from a trial to which it was not a party.’

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UKSC Blog, 5th August 2019

Source: ukscblog.com

Supreme Court backs third party access to court documents – OUT-LAW.com

Posted August 2nd, 2019 in civil procedure rules, courts, documents, news, Supreme Court, third parties by tracey

‘Campaigners, the media and others who are not parties to court proceedings should be permitted to access court documents as “the default position”, the UK’s highest court has ruled.’

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OUT-LAW.com, 1st August 2019

Source: www.pinsentmasons.com

Police and NHS not liable to victim’s children in negligence or breach of human rights – UK Police Law Blog

‘In Griffiths v (1) Chief Constable of Suffolk (2) Suffolk NHS Foundation Trust [2018] EWHC 2538 (QB), the High Court dismissed claims that the Chief Constable and the NHS Trust were negligent in breaching their duties of care or had breached human rights.’

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UK Police Law Blog, 24th January 2019

Source: ukpolicelawblog.com

Open justice wins out as court releases tobacco case papers – Litigation Futures

‘Another third-party bid to see documents used in a high-profile piece of litigation, this time involving the tobacco industry, has been successful.’

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Litigation Futures, 17th January 2019

Source: www.litigationfutures.com

Privilege and Maxwellisation – what can we learn from recent FRC cases? – 4 New Square

‘The same issues often crop up across an array of regulatory work. Legal professional privilege is the most obvious example, with a number of high profile cases arising out of SFO investigations. A second example concerns the rights of third parties to prevent the publication of adverse comment about them in regulatory reports and decisions (‘Maxwellisation’). In this article, Jamie Smith QC and Helen Evans explain how these two issues have arisen in the context of disciplinary investigations and proceedings undertaken by the Financial Reporting Council (FRC), which plays an important role in the regulation of accountants.’

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4 New Square, 11th December 2018

Source: www.4newsquare.com

GDPR: the ‘controller v processor’ debate in financial services – OUT-LAW.com

Posted November 5th, 2018 in banking, codes of practice, contracts, data protection, EC law, news, third parties by sally

‘Lessons can be learned in the financial services sector from the rush to update contracts to account for the General Data Protection Regulation (GDPR) taking effect earlier this year.’

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OUT-LAW.com, 2nd November 2018

Source: www.out-law.com

Win for open justice as tax tribunal allows non-party access to HMRC pleadings – Litigation Futures

Posted September 12th, 2018 in news, taxation, third parties, tribunals by tracey

‘The First-tier Tribunal (FTT) has “inherent jurisdiction” to give non-parties access to documents, its tax chamber has ruled in allowing KPMG to see documents from another case involving HM Revenue & Customs (HMRC).’

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Litigation Futures, 12th September 2018

Source: www.litigationfutures.com

Appeal judges take master to task for handing boxes of documents to non-party – Litigation Futures

‘The Court of Appeal has strongly criticised a Queen’s Bench Master who allowed six boxes of court documents to be removed from the High Court by a non-party without notifying the defendant.’

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Litigation Futures, 9th August 2018

Source: www.litigationfutures.com

Vehicle-related terrorism claims ‘mutualised’ by UK motor insurers – OUT-LAW.com

Posted July 27th, 2018 in insurance, news, road traffic, terrorism, third parties by sally

‘Motor insurers in the UK are to share the costs involved in meeting third party claims raised by victims of terrorist attacks involving vehicles.’

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OUT-LAW.com, 26th July 2018

Source: www.out-law.com

Regulation of third party litigation funding in England and Wales – OUT-LAW.com

Posted July 20th, 2018 in champerty, news, third parties by tracey

‘Third party litigation funding is a growing industry in England and Wales, although the market remains largely unregulated.’

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OUT-LAW.com, 19th July 2018

Source: www.out-law.com

Facebook ordered to explain deleted profile – BBC News

Posted June 20th, 2018 in bereavement, disclosure, identification, internet, news, third parties by sally

‘Facebook has been ordered by a UK high court judge to reveal who told it to delete the profile of a jazz musician and his band, six months after he died.’

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BBC News, 19th June 2018

Source: www.bbc.co.uk

Court entitled to make costs order against insurer in group litigation – OUT-LAW.com

Posted June 8th, 2018 in costs, insurance, news, third parties by sally

‘The High Court was entitled to make a third-party costs order against the insurer involved in a group litigation, which required the insurer to cover the costs of all cases covered by the group litigation order (GLO) and not just those within the scope of its policy.’

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OUT-LAW.com, 7th June 2018

Source: www.out-law.com

“No conditions” on third-party costs orders against insurers, Court of Appeal rules – Litigation Futures

Posted June 1st, 2018 in costs, insurance, news, third parties by sally

The only limit on the court’s discretion to make third-party costs orders against insurers is that it must be exercised justly, the Court of Appeal has ruled.

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Litigation Futures, 31st May 2018

Source: www.litigationfutures.com

Dangerous dogs and kennelling costs – UK Police Law Blog

Posted May 23rd, 2018 in costs, dogs, news, police, third parties by tracey

‘Dogs and property throw up some of the more unusual and difficult issues on which a police lawyer is asked to advise. In the decision of Henderson v Comr of Police of the Metropolis [2018] EWHC 666 (Admin) and the subsequent costs decision at [2018] EWHC 1092 (Admin), the court visited two issues – the standing of a person to intervene in a case concerning the destruction of a potentially prohibited breed and kennelling costs during the course of an appeal by way of case stated / judicial review to the High Court.’

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UK Police Law Blog, 22nd May 2018

Source: ukpolicelawblog.com

Open Up! Access to Upper Tribunal Files – Panopticon

Posted April 25th, 2018 in disclosure, news, third parties, tribunals by sally

‘The Upper Tribunal has its own rules. It is not governed by the CPR. Inevitably, this leaves some gaps on occasion. One of those which occasionally puzzles people interested in the system is that there is no equivalent to CPR rule 5.4C, which allows non-parties the right to ask to see the court file. So can a non-party get access to an Upper Tribunal file, whether or not the material has been referred to in an open hearing?Yes, said the Tax and Chancery Chamber of the Upper Tribunal in Aria Technology Ltd v HMRC & Situation Publishing [2018] UKUT 111 (TCC). Although there was no specific power given in the Rules to disclose documents to non-parties upon request, there was nothing to prohibit it either. The provisions of rule 14(8) – which allows a party to seek a direction preventing disclosure – implicitly recognises a power to disclose. Indeed, Judge Sinfield went further. Applying the open justice principle as set out in no uncertain terms in R (Guardian News and Media Ltd) v City of Westminster Magistrates’ Court [2012] EWCA Civ 420, the Upper Tribunal had an inherent power and indeed a common law duty to consider any request for access to or disclosure of the court file, including material not referred to in open court.’

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Panopticon, 25th April 2018

Source: panopticonblog.com

A costly slice of the cake? Litigation funders and security for costs – 4 New Square

Posted April 13th, 2018 in costs, news, third parties by sally

‘If a defendant is successful in defending a claim brought with the assistance of litigation funders who had an interest in the litigation, that defendant can apply under section 51 of the Senior Courts Act 1981 for a non-party costs order against the litigation funders.’

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4 New Square, 19th March 2018

Source: www.4newsquare.com