‘The High Court in England has ruled that the EU’s cross-border merger regulations meant that a pre-merger certificate from an EU member state court cannot be more than six months old when hearing an application for sanction of the merger, even where obtaining a second pre-merger certificate would be difficult.’
OUT-LAW.com, 4th September 2019
Source: www.pinsentmasons.com
‘It may be that there is no such thing as a date of 31 October 2019 for a no-deal UK withdrawal from the EU. On 9 April 2019, according to Le Monde, Michel Barnier, chief negotiator for the European Council in the withdrawal negotiations with the UK, said: ‘The EU will never take a decision on a ‘no deal’. That will be a choice for the British.’’
UK Constitutional Law Association, 3rd September 2019
Source: ukconstitutionallaw.org
‘In a decision handed down on 30th July 2019, the Court of Appeal have overturned a controversial first instance decision. Mostyn J had refused permission to bring a claim under s4 Inheritance (Provision for Family and Dependants) Act 1975. The substance of the claim under the Act related to whether a beneficial interest under a discretionary trust, rather than outright provision, failed to make reasonable provision for a spouse. The first instance decision created a stir because, among other findings, Mostyn J made obiter comments that it was not appropriate for parties to enter into ‘stand still agreements’ as an attempt to extend the 6-month time limit for bringing claims under the Act whilst negotiations were underway.’
No. 5 Chambers, 7th August 2019
Source: www.no5.com
‘Applications for time extensions to take a particular step in litigation are not applications for relief from sanctions provided they are made within the permitted period, the High Court has ruled.’
Litigation Futures, 29th August 2019
Source: www.litigationfutures.com
‘A rough guide to Personal Injury and Clinical Negligence Litigation for Professional Indemnity Lawyers.’
Hailsham Chambers, 13th August 2019
Source: www.hailshamchambers.com
‘R (on the application of Abdullah Muhammad Rafiqul Islam) v Secretary of State for the Home Department [2019] EWHC 2169 (Admin). In a case that was described as “the first such case to have come on for hearing before this court” and one that shares many similarities with the tabloid-grabbing story of Shamima Begum (discussed on the Blog here), Mr Justice Pepperall refused permission to bring judicial review proceedings on behalf of an Islamic State combatant whose citizenship had been revoked by the Home Secretary.’
UK Human Rights Blog, 19th August 2019
Source: ukhumanrightsblog.com
‘The High Court has set aside judgment in default of defence in a £3m personal injury claim because, although the court was “unaware” of it, a defence had been served before the judgment.’
Litigation Futures, 14th August 2019
Source: www.litigationfutures.com
‘The Court of Appeal has ruled that there is no home for discrimination claims in section 204 appeals, write Dean Underwood and Riccardo Calzavara.’
Local Government Lawyer, 13th August 2019
Source: www.localgovernmentlawyer.co.uk
‘The Court Of Appeal has clarified the law over when a council should serve a notice seeking possession from a resident who has succeeded to a tenancy.’
Local Government Lawyer, 1st August 2019
Source: www.localgovernmentlawyer.co.uk
‘The Court of Appeal has overturned a decision to throw out a widow’s delayed application to claim from her late husband’s estate.’
Law Society's Gazette, 1st August 2019
Source: www.lawgazette.co.uk
‘Where a tenant has succeeded to a secure tenancy on the death of the former tenant, and the landlord seeks possession on the basis that the property is under occupied, there are time limits on when and how this can be done. This was the Court of Appeal judgment on an appeal from an appeal to a circuit judge of a first instance possession order. At issue was the effect of an application to dispense with the requirement for a notice seeking possession (via s.83(1)(b) Housing Act 1985) on the statutory time limits.’
Nearly Legal, 29th July 2019
Source: nearlylegal.co.uk
‘Urgent intervention is needed at Feltham young offender institution, the chief inspector of prisons has warned, after a review uncovered rocketing levels of violence and self-harm.’
The Guardian, 24th July 2019
Source: www.theguardian.com
‘Thousands of victims of crime currently denied the right to appeal “soft” sentences should be allowed to do so, says the victims’ commissioner, as she today calls for a shake-up of the law.’
Daily Telegraph, 20th July 2019
Source: www.telegraph.co.uk
‘A 10-year “qualified statute of limitations” should be introduced to protect veterans and serving armed forces personnel from reinvestigation for alleged crimes, MPs have said.’
The Guardian, 22nd July 2019
Source: www.theguardian.com
‘Lord Justice Lindblom said the main question in Oyston Estates Ltd, R (On the Application Of) v Fylde Borough Council [2019] EWCA Civ 1152 was how one should understand the statutory provisions – in section 61N of the Town and Country Planning Act 1990 – for proceedings to challenge the steps taken by a local planning authority in making a neighbourhood plan.’
Local Government Lawyer, 9th July 2019
Source: www.localgovernmentlawyer.co.uk
‘Legislation associated with the naming of children is a recurring theme; our first post was in 2014 and most recently, last September. In contrast to considerations of what names are, and are not, acceptable in law, the judgment Re T (A child) [2019] EWHC 1572 (Fam) concerned a child who had been given a name and surname, but whose father had “strenuously resisted” its formal registration, “notwithstanding that a failure to do so is, in a variety of practical ways, likely to serve as an impediment to the promotion of T’s welfare as well as to have an adverse impact on F’s own legal status”.’
Law & Religion UK, 8th July 2019
Source: www.lawandreligionuk.com
‘Costs have been awarded against North Yorkshire County Council in a case over the prosecution of ticket resellers, despite a judge saying she was reluctant to do so.’
Local Government Lawyer, 2nd July 2019
Source: www.localgovernmentlawyer.co.uk
‘A defendant personal injury lawyer who inaccurately recorded a telephone conversation with the other side in an attendance note – which led to the court being misled – has been fined.’
Legal Futures, 3rd July 2019
Source: www.legalfutures.co.uk
‘A costs judge has told a claimant they cannot challenge a solicitor’s bill which was agreed and approved more than four years ago.’
Law Society's Gazette, 2nd July 2019
Source: www.lawgazette.co.uk
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