Expand ‘commonhold’ ownership system, government urged – The Guardian

Posted December 10th, 2018 in Law Commission, leases, news by sally

‘The rarely used “commonhold” system of home ownership should be expanded as an alternative to landlord-controlled leaseholds which are increasingly resented, the Law Commission is recommending.’

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The Guardian, 10th December 2018

Source: www.theguardian.com

Amenability to judicial review – Law Society’s Gazette

Posted December 10th, 2018 in banking, financial regulation, judicial review, news by sally

‘When is a private appointment a matter of public law? In an important case on this issue, R (on the application of Holmcroft Properties Ltd) v KPMG LLP [2018] EWCA Civ 2093, the Court of Appeal recently upheld the Divisional Court’s decision that KPMG was not amenable to judicial review when acting as an independent reviewer, whose appointment by a bank was approved by the Financial Services Authority.’

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Law Society's Gazette, 10th December 2018

Source: www.lawgazette.co.uk

The Supreme Court’s Decision on Pregabalin – NIPC Law

Posted December 10th, 2018 in abuse of process, medicines, news, patents, Supreme Court by sally

‘This was an appeal from the decision of the Court of Appeal in Warner-Lambert Company LLC v Generics (UK) Ltd (t/a Mylan) and Others [2016] EWCA Civ 1006 which I discussed in The Pregabalin Appeal: Generics v Warner-Lambert 17 Oct 2016. In that appeal, the Court of Appeal upheld the decision of Mr Justice Arnold in Generics (UK) Ltd (t/a Mylan) v Warner-Lambert Company LLC [2016] RPC 3, [2015] EWHC 2548 (Pat), [2015] CN 1499 which I blogged in The Pregabalin Trial: Generics (UK) Ltd v Warner-Lambert Company LLC 18 Sept 2015 and his refusal to allow the patent to be amended in Generics (UK) Ltd (t/a Mylan) v Warner-Lambert Company LLC [2016] RPC 16, [2015] EWHC 3370 (Pat).’

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NIPC Law, 6th December 2018

Source: nipclaw.blogspot.com

Supreme Court confirms carrier liability for cargo damage – OUT-LAW.com

Posted December 10th, 2018 in burden of proof, negligence, news, shipping law, Supreme Court by sally

‘The legal burden of disproving a claim for negligence when cargo is lost or damaged at sea rests with the carrier of the goods, the UK’s highest court has ruled.’

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OUT-LAW.com, 10th December 2018

Source: www.out-law.com

Mother and ex-partner jailed for ‘brutal’ murder of three-week old baby treated as a ‘fashion accessory’ – Daily Telegraph

‘A mother who treated her baby as a “fashion accessory” has been jailed with her ex-partner for 10 years each for being responsible for the “brutal” death of her three-week-old son.’

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Daily Telegraph, 7th December 2018

Source: www.telegraph.co.uk

Historic castle excluded from protection measures at risk from repeated flooding – Daily Telegraph

Posted December 10th, 2018 in duty of care, listed buildings, news, Wales by sally

‘Occupying a prime spot in the beautiful Conwy Valley the ancient castle of Gwydir boasts a reputation as one of the finest Tudor houses in Wales.’

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Daily Telegraph, 9th December 2018

Source: www.telegraph.co.uk

New ABS combines legal and accountancy advice – Legal Futures

Posted December 10th, 2018 in accountants, alternative business structures, legal services, news by sally

‘A litigation-focused legal and accountancy alternative business structure (ABS), which opened for business earlier this month, is set to benefit from an “explosion” in contested probate cases.’

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Legal Futures, 10th December 2018

Source: www.legalfutures.co.uk

No privilege for “purely commercial discussions” on settlement – Litigation Futures

Posted December 10th, 2018 in electronic mail, news, privilege by sally

‘“Purely commercial discussions” within a business about settling a dispute before litigation has begun are not protected by litigation privilege, the Court of Appeal has ruled.’

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Litigation Futures, 10th December 2018

Source: www.litigationfutures.com

BAILII: Recent Decisions

Posted December 10th, 2018 in law reports by sally

Court of Appeal (Civil Division)

BA, R (On the Application Of) v The Secretary of State for Health and Social Care [2018] EWCA Civ 2696 (07 December 2018)

High Court (Administrative Court)

East Bergholt Parish Council v Babergh District Council [2018] EWHC 3400 (Admin) (07 December 2018)

Trail Riders Fellowship v Hampshire County Court [2018] EWHC 3390 (Admin) (07 December 2018)

Howell, R (On the Application Of) v Stamford Renewable Power Ltd & Ors [2018] EWHC 3388 (Admin) (07 December 2018)

High Court (Chancery Division)

MDNX Group Holdings Ltd & Ors, Re [2018] EWHC 3396 (Ch) (07 December 2018)

High Court (Commercial Court)

Cunico Resources NV & Ors v Daskalakis & Anor [2018] EWHC 3382 (Comm) (07 December 2018)

High Court (Queen’s Bench Division)

Rudall v The Crown Prosecution Service & Anor [2018] EWHC 3287 (QB) (30 November 2018)

Source: www.bailii.org

Council prosecution sees property owner fined £18k over Japanese knotweed – Local Government Lawyer

Posted December 10th, 2018 in fines, local government, news, nuisance, prosecutions, trees by sally

‘A Bristol property owner has been fined £18,000 for allowing the spread of Japanese knotweed, after what is thought to be one of the first prosecutions nationally using the Anti-Social Behaviour, Crime and Policing Act 2014 to tackle the issue.’

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Local Government Lawyer, 7th December 2018

Source: www.localgovernmentlawyer.co.uk

Triple child murders: The lodger who destroyed a family – BBC News

Posted December 10th, 2018 in children, murder, news, parole, sentencing by sally

‘In 1973, a 20-year-old man murdered and mutilated his friends’ three young children. No motive has ever been established and he has never expressed regret. Now, 45 years after being jailed, David McGreavy is due to walk the streets again.’

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BBC News, 8th December 2018

Source: www.bbc.co.uk

Brexit: UK can unilaterally revoke article 50, says ECJ – The Guardian

‘The UK can unilaterally stop the Brexit process, the European court of justice has said in a ruling that will boost demands for a second EU referendum.’

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The Guardian, 10th December 2018

Source: www.theguardian.com

Exposing rogue landlords: ‘The deck feels stacked against tenants’ – The Guardian

‘Simon Goodley explains how the Guardian uncovered the secret world of convicted landlords who continue to operate – and exploit – with impunity.’

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The Guardian, 8th December 2018

Source: www.theguardian.com

Stephen Lawrence murder suspect claimed his notoriety meant he was unable to focus on drugs trial, court hears – Daily Telegraph

Posted December 7th, 2018 in conspiracy, drug offences, drug trafficking, murder, news, racism, sentencing by sally

‘A man named as a suspect in the racist murder of Stephen Lawrence has been sentenced to nine years in prison for his part in a multi-million drugs plot, despite attempts by his defence counsel to use the controversy surrounding the killing as grounds for leniency.’

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Daily Telegraph, 7th December 2018

Source: www.telegraph.co.uk

Schools bomb hoaxes: Teenager jailed for nationwide threats – BBC News

Posted December 7th, 2018 in bomb hoaxing, children, news, school children, sentencing by sally

‘A teenager who sent thousands of hoax bomb threats to schools and triggered an American airline security scare has been jailed for three years.’

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BBC News, 7th December 2018

Source: www.bbc.co.uk

Tribunal refuses to hear preliminary issue in bank payroll tax case – OUT-LAW.com

‘A procedural point on whether HM Revenue & Customs (HMRC) had validly given notices of enquiry within the requisite time limits should not be heard separately as a preliminary issue, the First-tier Tax Tribunal (FTT) has decided in a case concerning bank payroll tax (BPT).’

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OUT-LAW.com, 7th December 2018

Source: www.out-law.com

Case Comments: KO (Nigeria) v Secretary of State for the Home Department [2018] UKSC 53 and Rhuppiah v Secretary of State for the Home Department [2018] UKSC 58 – UKSC Blog

‘ECHR, art 8 prevents someone from being removed from the UK where doing so would have a disproportionate impact on their private life and/or family life. Where a migrant seeks to rely on art 8, it is accordingly necessary for the Home Office, or on appeal the First-tier Tribunal, to conduct a balancing exercise between the individual’s private and family life rights on the one hand and the ‘public interest’ on the other.’

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UKSC Blog, 4th December 2018

Source: ukscblog.com

Recent Statutory Instruments – legislation.gov.uk

Posted December 7th, 2018 in legislation by sally

The Financial Services (Banking Reform) Act 2013 (Commencement No. 12) Order 2018

The European Economic Interest Grouping (Amendment) (EU Exit) Regulations 2018

The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018

The Local Government (Structural and Boundary Changes) (Amendment) Regulations 2018

The European Enforcement Order, European Order for Payment and European Small Claims Procedure (Amendment etc.) (EU Exit) Regulations 2018

The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018

The Local Elections (Parishes and Communities) (England and Wales) (Amendment) (England) Rules 2018

The Local Elections (Principal Areas) (England and Wales) (Amendment) (England) Rules 2018

The Road Vehicles (Registration, Registration Plates and Excise Exemption) (Amendment) (EU Exit) Regulations 2018

The Trade Barriers (Revocation) (EU Exit) Regulations 2018

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No. 13) Order 2018

The Trade Repositories (Amendment and Transitional Provision) (EU Exit) Regulations 2018

BAILII: recent Decisions

Posted December 7th, 2018 in law reports by sally

Supreme Court

London Borough of Southwark & Anor v Transport for London [2018] UKSC 63 (5 December 2018)

Volcafe Ltd & Ors v Compania Sud Americana De Vapores SA [2018] UKSC 61 (5 December 2018)

S Franses Limited v The Cavendish Hotel (London) Ltd [2018] UKSC 62 (5 December 2018)

Court of Appeal (Civil Division)

M (A Child) (Secure Accommodation) [2018] EWCA Civ 2707 (06 December 2018)

Alibkhiet v London Borough of Brent v City of Westminster [2018] EWCA Civ 2742 (06 December 2018)

SR (A Child), Re [2018] EWCA Civ 2738 (06 December 2018)

Hopkinson & Ors v Towergate Financial (Group) Ltd & Ors [2018] EWCA Civ 2744 (06 December 2018)

AM (Iran) v Secretary of State for the Home Department [2018] EWCA Civ 2706 (06 December 2018)

Cadbury UK Ltd v The Comptroller General of Patents Designs And Trade Marks [2018] EWCA Civ 2715 (05 December 2018)

Court of Appeal (Criminal Division)

Roberts & Ors v R [2018] EWCA Crim 2739 (06 December 2018)

High Court (Administrative Court)

CL, R (on the application of) v The Secretary of State for the Home Department [2018] EWHC 3333 (Admin) (06 December 2018)

High Court (Chancery Division)

Lloyds Banking Group Pensions Trustees Ltd v Lloyds Bank Plc & Ors [2018] EWHC 3343 (Ch) (06 December 2018)

Gill & Anor v Brar & Anor [2018] EWHC 3334 (Ch) (06 December 2018)

High Court (Family Division)

C (a Child), Re [2018] EWHC 3332 (Fam) (06 December 2018)

Source: www.bailii.org

Leading firm left with court fees budget after late service – Litigation Futures

Posted December 7th, 2018 in budgets, case management, costs, fees, indemnities, law firms, news, sanctions, service by sally

‘A leading national law firm that served its budget late has failed in an application for relief from sanctions only made on the day of the case and costs management conference (CCMC).’

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Litigation Futures, 7th December 2018

Source: www.litigationfutures.com