The myth that Article 50 is a one-way street – New Law Journal
‘David Wolchover explains exactly why Article 50 can be unilaterally rescinded.’
New Law Journal, 5th December 2018
Source: www.newlawjournal.co.uk
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.’
4 New Square, 11th December 2018
Source: www.4newsquare.com
British Telecommunications plc v Office of Communications – Blackstone Chambers
‘The Court of Appeal has overturned the Competition Appeal Tribunal’s approach to awarding costs against Ofcom in telecommunications appeals.’
Blackstone Chambers, 15th November 2018
Source: www.blackstonechambers.com
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Kurtz v R [2018] EWCA Crim 2743 (10 December 2018)
High Court (Administrative Court)
Trail Riders Fellowship v Hampshire County Court [2018] EWHC 3390 (Admin) (07 December 2018)
East Bergholt Parish Council v Babergh District Council [2018] EWHC 3400 (Admin) (07 December 2018)
High Court (Queen’s Bench Division)
Chisholm v D & R Hankins (Manea) Ltd [2018] EWHC 3407 (QB) (10 December 2018)
Source: www.bailii.org
New Judgment: S Franses Ltd v The Cavendish Hotel (London) Ltd [2018] UKSC 62 – UKSC Blog
‘This appeal considered the construction of the Landlord and Tenant Act 1954. It specifically considered whether a landlord which intends to carry out works if, and only if, those works are necessary to satisfy s 30(1)(f), and which offers an undertaking to carry out those works in the form of the undertaking given by the respondent in the present case, has the requisite intention for the purposes of ground (f). It also considered whether a landlord whose sole or predominant commercial objective is to undertake works in order to fulfil ground (f) and thereby avoid the grant of a new lease to the tenant, and which offers an undertaking to carry out those works in the form of an undertaking given in the present case, has the requisite intention for the purposes of ground (f).’
UKSC Blog, 5th December 2018
Source: ukscblog.com
UK Arbitration Act: Time for a revamp? – 4 New Square
‘Several countries have moved to amend their arbitration legislation, but the UK is yet to modernise its 1996 Arbitration Act, CDR explores what these provisions could look like and whether the market wants it.’
4 New Square, 12th November 2018
Source: www.4newsquare.com
Tycoon Vijay Mallya can be extradited to India, UK judge rules – The Guardian
‘Vijay Mallya, the multimillionaire former owner of the Force India Formula One team and self-proclaimed “King of the Good Times”, can be extradited to India to face allegations of fraud.’
The Guardian, 10th December 2018
Source: www.theguardian.com
Joseph Barrett succeeds in Art. 50 Notification/EU Referendum legal challenge – 11 KBW
‘Following a day long oral hearing the High Court has dismissed a wide-ranging crowd-funded claim for judicial review which sought to challenge the outcome of the EU Referendum, the giving of Article 50 notification to leave the EU and the alleged subsequent inaction of the Prime Minister in the face of the Electoral Commission’s findings of breaches of campaign finance and other requirements by Vote Leave and other leave campaigners during the 2016 EU Referendum campaign.’
11 KBW, 10th December 2018
Source: www.11kbw.com
Law Commission seeks to jump-start commonhold demand – Law Society’s Gazette
‘The Law Commission is hoping to reinvigorate demand for an alternative form of property ownership that struggled to gain traction when it was introduced nearly two decades ago.’
Law Society's Gazette, 10th December 2018
Source: www.lawgazette.co.uk
Court applies state aid rules in lease dispute – 11 KBW
‘James Goudie QC explains how the Court of Appeal reached its conclusion, in a dispute over a lease extension, that the extension granted to the owners of a football club by a local authority was not state aid.’
11 KBW, 13th November 2018
Source: www.11kbw.com
What the Divisional Court’s decision in SRA v Sovani James tells us about wellbeing for lawyers: some reasons for optimism- 4 New Square
‘This week the Administrative Court handed down judgment in three appeals by the Solicitors Regulation Authority: SRA v Sovani James, SRA v Esteddar MacGregor, SRA v Peter Naylor [2018] EWHC 3058 (Admin). Reactions to the judgment by lawyers have been critical, regarding it as a harsh decision which missed an opportunity to reflect developing attitudes to wellbeing in the workplace.’
4 New Square, 16th November 2018
Source: www.4newsquare.com
High Court rejects funder’s bid for “mini-trial” of £14m claim – Litigation Futures
‘Litigation funder Vannin Capital has failed to obtain summary judgment of its £14m claim against RBS shareholders it backed who then successfully sued the bank.’
Litigation Futures, 11th December 2018
Source: www.litigationfutures.com
Coal mine could be built next to one of Northumberland’s most beautiful beaches after High Court appeal – Daily Telegraph
‘An opencast coal mine could be built next to one of Northumerbland’s most beautiful beaches after The Court of Appeal overturned Savid Javid’s decision to block the scheme.’
Daily Telegraph, 8th December 2018
Source: www.telegraph.co.uk
On the spot: accidents at work – New Law Journal
‘A new guideline recently published by the Sentencing Council is likely to result in increased penalties for individuals responsible for fatal workplace accidents. Chris Newton reports.’
New Law Journal, 7th December 2018
Source: www.newlawjournal.co.uk
Jurisdiction after Exit Day: What does the draft Withdrawal Agreement tell us? – 4 New Square
‘The draft Withdrawal Agreement between the United Kingdom and the European Union was approved by the UK Cabinet on Wednesday 14 November 2018.’
4 New Square, 16th November 2018
Source: www.4newsquare.com
SRA v James: When “I was driven to it” is no defence – 4 New Square
‘It is well-known that if a solicitor is guilty of dishonesty in and about the work he or she does, they will be struck off unless they can show “exceptional circumstances”. For a while it was thought that extreme and intolerable work pressure giving rise to mental health issues, in turn giving rise to an act or acts of dishonesty, might suffice.’
4 New Square, 13th November 2018
Source: www.4newsquare.com
Restore legal aid for separating couples, MoJ urged – Law Society’s Gazette
‘Digitising the divorce application process and hoping for the best isn’t enough to reform the legal requirements for splitting up, the Law Society has warned, telling the government to restore legal aid so that separating couples can receive early advice.’
Law Society's Gazette, 11th December 2018
Source: www.lawgazette.co.uk
Gambler’s victims to sue bookmakers where he spent stolen cash – The Guardian
‘Two of the UK’s largest bookmakers are facing compensation claims worth £1.5m over allegations that they allowed a gambling addict to bet hundreds of thousands of pounds in stolen cash.’
The Guardian, 10th December 2018
Source: www.theguardian.com
Parish fails in High Court challenge to permissions for 229 homes – Local Government Lawyer
‘East Bergholt Parish Council has failed in a High Court challenge to decisions by Babergh District Council to grant planning permissions for 229 new homes in the Suffolk village.’
Local Government Lawyer, 11th December 2018
Source: www.localgovernmentlawyer.co.uk
The pen: mightier than the word? – New Law Journal
‘John A. Kimbell QC considers a new review of the rules on witness evidence in the Business & Property Courts.’
New Law Journal, 12th November 2018
Source: www.newlawjournal.co.uk
