DR v NCB – Nordisk Copyright Bureau – WLR Daily

Posted May 3rd, 2012 in copyright, EC law, law reports, third parties by sally

DR v NCB – Nordisk Copyright Bureau (Case C-510/10); [2012] WLR (D) 127

“The exception in article 5(2)(d) of and Preamble 41 to Directive 2001/29 which permitted a broadcaster to use their own facilities or ‘those of a person acting on behalf of and under the responsibility of the broadcasting organisation’ to reproduce works by way of ephemeral recordings without the author’s consent, entitled a broadcaster to use a third party to reproduce the works either if that third party acted on their behalf or if they were under the responsibility of the broadcaster.”

WLR Daily, 26th April 2012

Source: www.iclr.co.uk

Finance & Divorce Spring Update 2012 – Family Law Week

“Joanna Grandfield, Associate (barrister), Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the key financial remedies cases arising in the first quarter of 2012.”

Full story

Family Law Week, 30th March 2012

Source: www.familylawweek.com

Tim Martin Interiors Ltd v Akin Gump LLP – WLR Daily

Posted January 5th, 2012 in appeals, costs, law reports, news, solicitors, third parties by tracey

Tim Martin Interiors Ltd v Akin Gump LLP; [2011] EWCA Civ 1574;  [2011] WLR (D)  39

“As regards quantification and repayment, a third party assessment under section 71 of the Solicitors Act 1974 was of limited use to a third party, since, after payment, it was not possible to require solicitors to pay to the third party money which they had received from their client and which the client was bound to pay them, merely because the third party was not liable to pay the same amount to the client.”

WLR Daily, 21st December 2011

Source: www.iclr.co.uk

Voluntary code & membership body launched for third party litigation funders – Legal Week

Posted November 24th, 2011 in codes of practice, costs, fees, news, third parties by sally

“A new code of conduct and central membership body for third party litigation funders has been launched in response to the increasing number of suppliers in the market.”

Full story

Legal Week, 24th November 2011

Source: www.legalweek.com

Simpson (as assignee of Alan Catchpole) v Norfolk and Norwich University Hospital NHS Trust – WLR daily

Posted October 20th, 2011 in appeals, assignment, law reports, third parties by tracey

Simpson (as assignee of Alan Catchpole) v Norfolk and Norwich University Hospital NHS Trust [2011] EWCA Civ 1149;  [2011] WLR (D)  294

“A claim for damages for personal injury was a chose in action capable of assignment. The law would not, however, recognise on the grounds of public policy an assignment to a party who did not have sufficient interest to support what would otherwise be a bare right of action.”

WLR Daily, 12th October 2011

Source: www.iclr.co.uk

Regina v Hichens – WLR Daily

Posted June 16th, 2011 in assault, defences, law reports, self-defence, third parties by sally

Regina v Hichens [2011] WLR (D) 193

“On a charge of common assault the defence that the action was taken by way of self-defence to prevent a person from committing a crime or a breach of the peace was available even if the act of violence was not against the person concerned but was against an innocent third party.”

WLR Daily, 14th June 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Exchange Chambers pioneers litigation funding – The Lawyer

Posted June 13th, 2011 in barristers, fees, news, third parties by tracey

“Northern set Exchange Chambers has become the first barristers’ chambers to move into the litigation funding market through a tie-up with legal insurance broker Maxima – with both clerks and barristers expected to encourage take-up among clients.”

Full story

The Lawyer, 13th June 2011

Source: www.thelawyer.com

JSC BTA Bank v Kythreotis and others – WLR Daily

Posted December 16th, 2010 in contempt of court, freezing injunctions, law reports, third parties by sally

JSC BTA Bank v Kythreotis and others [2010] EWCA Civ 1436; [2010] WLR (D) 326

“The words ‘his assets’ in the standard form of freezing order in the Commercial Court Guide included assets which the respondent to the order held as a trustee or nominee for a third party.”

WLR Daily, 14th December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Insurers’ new code may add insult to personal injury lawyers – The Guardian

“Personal injury lawyers and insurers are not the greatest of friends. Lawyers often see insurers as obstructive and just trying to weasel out of paying. Insurers see lawyers as equally obstructive and just trying to squeeze as much money as they can for themselves out of the compensation process.”

Full story

The Guardian, 15th June 2010

Source: www.guardian.co.uk

Farstad Supply AS v Enviroco Ltd – WLR Daily

Farstad Supply AS v Enviroco Ltd [2010] UKSC 18; [2010] WLR (D) 113

“A requirement in a charterparty for the owner to indemnify the charterer against claims resulting from loss or damage in relation to the vessel was not limited to a requirement for the owner to reimburse claims against the charterer by third parties but precluded the owner from recovering damages from the charterer in respect of the charterer’s own negligence. It followed that where it was alleged that the charterer and a third party had jointly caused damage to the vessel whilst it was berthed in Scotland and, because of the indemnity agreement, the owner sued only the third party in the Scots courts, the third party would not be able to claim a contribution under s 3(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 from the charterer as a ‘person who, if sued, might also have been held liable’.”

WLR Daily, 6th May 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Third Parties (Rights against Insurers) Act 2010

Posted March 27th, 2010 in insurance, legislation, third parties by sally

Third Parties (Rights against Insurers) Act 2010 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

Third Parties (Rights Against Insurers) Bill – Ministry of Justice

Posted December 21st, 2009 in bills, insurance, press releases, third parties by sally

“This Bill implements Law Commission and Scottish Law Commission recommendations about the rights of a third party to claim directly against an insurer.”

Full press release

Ministry of Justice, 18th December 2009

Source: www.justice.gov.uk

Mahad v Entry Clearance Officer; Ali and another v Same; Ismail and another v Same; Sakthivel v Same; Muhumed v Same (Equality and Human Rights Commission intervening) – WLR Daily

Posted December 17th, 2009 in law reports, sponsored immigrants, third parties by sally

Mahad v Entry Clearance Officer; Ali and another v Same; Ismail and another v Same; Sakthivel v Same; Muhumed v Same (Equality and Human Rights Commission intervening) [2009] UKSC 16; [2009] WLR (D) 367

“Financial support provided by third parties could be taken into account when considering whether a person who was seeking leave to enter the United Kingdom to join a sponsoring relative could be maintained without recourse to public funds.”

WLR Daily, 16th December 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Bill clears the way for third party claims against liability insurers – OUT-LAW.com

Posted November 30th, 2009 in insolvency, insurance, news, third parties by sally

“A proposed new law will make it easier and cheaper for people to pursue their claims directly against insurers when the insured becomes insolvent.”

Full story

OUT-LAW.com, 30th November 2009

Source: www.out-law.com

R v Tilley – WLR Daily

Posted July 22nd, 2009 in benefits, fraud, law reports, social security, third parties by sally

R v Tilley [2009] EWCA Crim 1426; [2009] WLR (D) 249

“Where a third party knew of a change that affected the benefit of a person claiming income support, he would be guilty of an offence if he dishonestly allowed the beneficiary to fail to report the change, but to commit the offence the third party had to have been active in some way in the failure.”

WLR Daily, 21st July 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Hall & Woodhouse Ltd v Poole Borough Council – WLR Daily

Posted April 7th, 2009 in law reports, licensing, third parties by sally

Hall & Woodhouse Ltd v Poole Borough Council; [2009] WLR (D) 131

“The acts of third parties were not as a matter of law to be imputed to a premises licence holder for the purposes of s 136(1)(a) of the Licensing Act 2003; it was necessary for the court to look at the actual conduct of the person charged with the offence and find whether as a matter of fact he had carried on or attempted to carry on an licensable activity, as defined in s 1 of and Schs 1 and 2 to the Act, otherwise than in accordance with an authorisation.”

WLR Daily, 6th April 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Ansari v Ansari – Times Law Reports

Ansari v Ansari

Court of Appeal

“A charge on a property which was not in itself a reviewable disposition was not to be set aside as a result of setting aside the transfer of a property by a husband to defeat his wife’s rights, which was a reviewable disposition.”

The Times, 16th January 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Ansari v Ansari (Bank of Scotland plc intervening) – WLR Daily

Ansari v Ansari (Bank of Scotland plc intervening) [2008] EWCA Civ 1456; [2008] WLR (D) 413

“Where a disposition of property made with the intention of reducing financial relief had been followed by further transactions made for valuable consideration and in good faith, the discretion conferred by s 37(3) of the Matrimonial Causes Act 1973 would not be used to set aside, as a consequence of setting aside the original reviewable disposition under the Act, a charge, not in itself a reviewable disposition which had been granted by the purchaser on the security of the property.”

WLR Daily, 5th January 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

AM (Ethiopia) and others v Entry Clearance Officer – WLR Daily

Posted October 27th, 2008 in immigration, law reports, sponsored immigrants, third parties by sally

AM (Ethiopia) and others v Entry Clearance Officer [2008] EWCA Civ 1082; [2008] WLR (D) 329

The principle that support or funding from a third party could not be relied on by a prospective entrant to the United Kingdom under r 297(v) of the Immigration Rules (HC 395), where the entrant was a child of a parent or a relative settled here, was applicable to r 281, where the entrant was a spouse or partner, and r 317, where he was a parent, grandparent or other dependent relative of the person settled here.”

WLR Daily, 24th October 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Financial Services Compensation Scheme Ltd v Abbey National Treasury Services plc (Financial Services Authority intervening) – WLR Daily

Posted August 4th, 2008 in assignment, financial regulation, law reports, third parties by sally

Financial Services Compensation Scheme Ltd v Abbey National Treasury Services plc (Financial Services Authority intervening) [2008] EWHC 1897 (Ch); [2008] WLR (D) 277

“The Financial Services Authority had power under the Financial Services and Markets Act 2000 to include rules in the financial services compensation scheme which provided for the assignment of third party claims.”

WLR Daily, 1st August 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.