Sammy-Lee Lodwig death: Boyfriend guilty of murder – BBC News
‘A man whose girlfriend was found stabbed to death at his home has been found guilty of her murder.’
BBC News, 30th October 2019
Source: www.bbc.co.uk
Appellant loses High Court challenge over ruling that she was out of time to bring homelessness appeal – Local Government Lawyer
‘A woman who travelled to Mauritius to see her father after he had suffered a stroke has lost her appeal against an order by a County Court judge refusing her application for permission to bring an appeal out of time over a council’s decision that it had discharged its housing duty.’
Local Government Lawyer, 30th Octobe 2019
Source: www.localgovernmentlawyer.co.uk
Negotiating Retail CVAs – where are we now? Amanda Eilledge considers the recent decision in Discovery (Northampton) Limited v Debenhams [2019] EWHC 2441 (Ch) – Hardwicke Chambers
‘2018 was seen by many as the ‘year of the CVA’ and the year of the so -called ‘Retail CVA’ in particular. Such CVAs have been used in an attempt by companies operating in the retail and casual dining sector with burdensome leases to reduce the cost of their premises whilst continuing to trade.’
Hardwicke Chambers, 14th October 2019
Source: hardwicke.co.uk
Discrimination at Work Under the DIFC’S New Employment Law – Littleton Chambers
‘On 30 August 2019, the DIFC’s new Employment Law (“the New Law”) came into force. Though the drafting of the New Law marks, in its detail, a notable departure from both the old law (of 2005) and the draft law, largely similar provisions have been in force for the best part of 15 years. However, as the DIFC Court recognised in Hana Al Herz v DIFC Authority [2014] DIFC CA 004, there was no entitlement to damages for breach of the earlier discrimination provisions. That has been rectified. Practitioners can thus expect close scrutiny of the New Law and the discrimination protections it provides.’
Littleton Chambers, 8th October 2019
Source: www.littletonchambers.com
Diplomatic immunity and the Dunn case – Law Society’s Gazette
‘The death of Harry Dunn, who was struck by a vehicle allegedly driving on the wrong side of the road in August, led to a diplomatic spat over the asserted diplomatic immunity of the driver, Anne Sacoolas, the wife of a US intelligence official believed to work for the CIA based at RAF Croughton in Northamptonshire.’
Law Society's Gazette, 28th October 2019
Source: www.lawgazette.co.uk
Law banning assisted dying must be reviewed, say MPs – The Guardian
‘Cross-party group responds to calls by police chief Ron Hogg, who has motor neurone disease.’
The Guardian, 30th October 2019
Source: www.theguardian.com
The problem with the Rights of Entry (Gas and Electricity Boards Act 1954) – No. 5 Chambers
‘How interim injunctive relief can assist both individuals and businesses when locked in a dispute with their energy provider.’
No. 5 Chambers, 23rd October 2019
Source: www.no5.com
Katrice Lee: Woman sentenced for impersonating missing toddler – BBC News
‘A woman who used social media to impersonate a toddler missing for almost 40 years has been handed a suspended jail term.’
BBC News, 30th October 2019
Source: www.bbc.co.uk
Upper Tribunal orders fresh hearing in dispute over refusal by council to disclose advice of independent person – Local Government Lawyer
‘A local resident who complained about the conduct of a councillor at Stratford-on-Avon District Council over a planning matter has secured a fresh hearing over the council’s refusal to disclose advice given by an independent person.’
Local Government Lawyer, 31st October 2019
Source: www.localgovernmentlawyer.co.uk
Grenfell Tower inquiry: the chair’s findings so far – The Guardian
‘Firefighters’ ‘stay put’ tactics and apparent lack of preparation and construction materials criticised.’
The Guardian, 30th October 2019
Source: www.theguardian.com
Leeds ‘paedophile hunters’ cleared of assault charges – The Guardian
‘A group of self-styled paedophile hunters have vowed to carry on seeking out child abusers after a jury cleared them of all charges following stings on two men.’
The Guardian, 30th October 2019
Source: www.theguardian.com
Proportionality – Compared with what? And how to assess – No. 5 Chambers
‘Proportionality has been the watchword in costs for such a length of time that one might have been tempted into thinking that ‘new learning’ on the topic was unlikely. The Court of Appeal’s decision in West v. Stockport NHS Foundation Trust/Demouilpied v. Stockport NHS Foundation Trust [2019] EWCA Civ 1220 (hereinafter “West”) provides fresh insight, however, in relation to both the matters that will be considered by a judge assessing the proportionality of costs, and also the procedure to be adopted.’
No. 5 Chambers, 10th October 2019
Source: www.no5.com
One in five cosmetic surgery clinics are unsafe, warns CQC – The Guardian
‘The health regulator is threatening to shut down beauty clinics that perform unsafe facelifts, nose jobs and breast enlargements after finding that one in five are putting clients at risk.’
The Guardian, 29th October 2019
Source: www.theguardian.com
Richard Paige discusses: The impact of a counterclaim on QOCS – Park Square Barristers
‘In Ketchion v McEwan HHJ Freedman, sitting in Newcastle, held that the term “proceedings” in CPR 44.13 included both the claim and the counterclaim. The result of this decision was that the successful claimant was debarred from enforcing any of his costs (for bringing the claim or defending the counterclaim) against the unsuccessful defendant, because the defendant had brought a counterclaim which included personal injury.’
Park Square Barristers, 14th October 2019
Source: www.parksquarebarristers.co.uk
J J Rhatigan & Co (UK) Ltd v Rosemary Lodge Developments Ltd [1] – No. 5 Chambers
‘Rosemary Lodge Developments Ltd (“RLD”) sought to resist enforcement of an Adjudicator’s decision dated 22 November 2018 (the “Decision”) on the basis that the Decision had been reached by the Adjudicator in breach of natural justice. The Technology & Construction Court Judge, Mrs Justice Jefford, confirmed that when alleging that a breach of natural justice has occurred, it is necessary to establish that the breach is more than peripheral; it must be material.’
No. 5 Chambers, 7th October 2019
Source: www.no5.com
BAILII: Recent Decisions
High Court (Administrative Court)
- O’Brien, R (On the Application Of) v Independent Adjudicator [2019] EWHC 2884 (Admin) (30 October 2019)
- Gasztony, R (on the application of) v Secretary of State for the Home Departmemt & Anor [2019] EWHC 2879 (Admin) (30 October 2019)
- Ekaireb, R (On the Application Of) v Criminal Cases Review Commission [2019] EWHC 2889 (Admin) (29 October 2019)
High Court (Chancery Division)
- Secretary of State for Business, Energy and Industrial Strategy v PAG Asset Preservation Ltd [2019] EWHC 2890 (Ch) (30 October 2019)
- Toone & Ors v Ross & Anor, Re Implement Consulting Ltd [2019] EWHC 2855 (Ch) (30 October 2019)
High Court (Queen’s Bench Division)
- Jagwani v Alles [2019] EWHC 2887 (QB) (30 October 2019)
- New York Laser Clinic Ltd v Naturastudios Ltd [2019] EWHC 2892 (QB) (30 October 2019)
Source: www.bailii.org
When “maybe” isn’t good enough: orders for production of journalistic material – Panopticon
‘The efforts of the Beeb in the Divisional Court have clarified the conditions to be satisfied before a Court can require journalistic material be produced in criminal cases.’
Panopticon, 29th October 2019
Source: panopticonblog.com
ATE Insurance Premiums – one door closed, another opened? – No. 5 Chambers
‘In July 2019 the Court of Appeal judgment was handed down in the joint appeals of West v Stockport NHS Foundation Trust and Demouilpied v Stockport NHS Foundation Trust [2019] EWCA Civ 1220. The judgment dealt with the contentious issue of recoverable ATE premiums and how they can be properly challenged.’
No. 5 Chambers, 10th October 2019
Source: www.no5.com
