‘This appeal considered whether the doctrine of restraint of trade is engaged by a restriction on post-employment shareholding, the proper construction of the phrase ‘interested in’ in a non-competition covenant, and the correct approach to severance of a non-competition covenant.’
UKSC Blog, 3rd July 2019
Source: ukscblog.com
‘People have entered onto your client’s land – or are threatening to do so. Your client wants them to leave – or not to arrive. Your advice is sought. In practice, self-help is out of the question. Section 6 of the Criminal Law Act 1977 prohibits the use or threat of violence against person or property for the purpose of securing entry to any premises without lawful excuse. A right to possession or occupation of the premises is no excuse, unless your client is a “displaced residential occupier” or “protected intending occupier”. But in any event, you cannot encourage the use of self-help, because of the risk of disorder that it may entail. A legal remedy is required.’
Falcon Chambers, June 2019
Source: www.falcon-chambers.com
‘This appeal considered whether a condition restricting the use of the premises should be implied into a planning permission granted by the appellant; alternatively, whether the planning permission should be interpreted as containing such a condition.’
UKSC Blog, 3rd July 2019
Source: ukscblog.com
‘The Upper Tribunal has recently provided helpful clarification of the workings of several aspects of the new Electronic Communications Code (“the Code”) introduced by the Digital Economy Act 2017, which came into force on 28 December 2017.’
Falcon Chambers, June 2019
Source: www.falcon-chambers.com
‘The jury returned a narrative conclusion at the inquest into the death of Rocky Stenning, finding that the failure to adequately assess his risk of self harm and suicide whilst he was at HMP Chelmsford contributed to his death. They also noted that restricting Rocky’s access to a telephone, the length of the prison sentence he received and other known triggers as identified in the Ministry of Justice’s suicide and self-harm policy, affected Rocky’s mental ill health.’
Garden Court Chambers, 3rd July 2019
Source: www.gardencourtchambers.co.uk
‘The claimant brought an action against the defendant for personal injury following a tripping incident on a path in Abram Park, Wigan. At trial the judge found that the path was in a dangerous and defective state but also found that the path was not a highway “maintainable at public expense” for the purposes of section 36 of the Highways Act 1980 and as such the defendant did not owe a duty under section 41 of the Act.’
Zenith PI Blog, 28th June 2019
Source: zenithpi.wordpress.com
‘Local authorities are failing in their duty to prosecute rogue letting agents, the National Landlords Association has claimed after its research found that more than half of 20 councils did not prosecute a single letting agent in the four-year period from 2014/15 to 2017/18.’
Local Government Lawyer, 4th July 2019
Source: www.localgovernmentlawyer.co.uk
‘The broadcasting watchdog Ofcom has called for new laws to ensure that shows made by UK broadcasters including the BBC, ITV and Channel 4 continue to get top billing on on-demand services such as Sky – but the rules will not apply to Netflix and Amazon.’
The Guardian, 4th July 2019
Source: www.theguardian.com
‘The Court of Appeal has recognised the cash flow pressures of funding complex litigation in rejecting an application to appeal a ruling granting a law firm an interim costs payment.’
Litigation Futures, 3rd July 2019
Source: www.litigationfutures.com
‘A solicitor who took the “extraordinary approach” of trying to settle his debts of over £115,000 with promissory notes has been struck off.’
Legal Futures, 5th July 2019
Source: www.legalfutures.co.uk
‘The government has still made no compensation payments to Windrush victims and has failed to introduce legislation that would allow damages to be paid, 15 months after Theresa May apologised for the scandal and promised a financial settlement.’
The Guardian, 4th July 2019
Source: www.theguardian.com
‘Much attention in the media and political world is paid to the senior judiciary because that is where the more newsworthy, high-profile and ground-breaking judicial activity tends to occur. But this is not where the overwhelming majority of judicial decisions are made. Thousands of salaried and fee-paid judges dispense justice at first instance in Her Majesty’s Courts and Tribunals, in decisions of acute importance to those involved in them.’
Courts and Tribunals Judiciary, 3rd July 2019
Source: www.judiciary.uk
‘The victims of two plumbing companies who defrauded their clients have been fully compensated for their financial losses, after Southampton City Council prosecuted the individuals involved.’
Local Government Lawyer, 4th July 2019
Source: www.localgovernmentlawyer.co.uk
‘Climate action lawsuits against governments and corporations have spread across 28 countries, according to a new analysis.’
The Guardian, 4th July 2019
Source: www.theguardian.com
‘The inquest into the death of Andrew Brown has concluded on 26 June with the jury finding that a series of damning failings by HMP Nottingham contributed to his death.’
Garden Court Chambers, 27th June 2019
Source: www.gardencourtchambers.co.uk
‘Police are facing calls to halt the use of facial recognition software to search for suspected criminals in public after independent analysis found matches were only correct in a fifth of cases and the system was likely to break human rights laws.’
The Guardian, 3rd July 2019
Source: www.theguardian.com
‘After two weeks of evidence, the inquest into the death of Junior Medford, who died whilst in the care of Thames Valley police officers at London Valley Police Station on 2 April 2017, concluded yesterday afternoon (27 June 2019) with the jury returning a highly critical narrative conclusion identifying individual and systemic failures.’
Garden Court Chambers, 28th June 2019
Source: www.gardencourtchambers.co.uk
‘The employment tribunal system is still not coping with the increased demands on it since fees were abolished in 2017, with lawyers reporting that delays have worsened from an already parlous state a year ago.’
Litigation Futures, 1st July 2019
Source: www.litigationfutures.com
‘A devout Christian thrown off a university social work course after being accused of posting derogatory comments about gay and bisexual people on Facebook has won the latest round of a legal battle.’
The Guardian, 3rd July 2019
Source: www.theguardian.com
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