‘An auction house has failed to establish litigation privilege over correspondence with experts about whether or not a painting it sold was counterfeit, in a case brought by the seller of that painting.’
OUT-LAW.com, 10th December 2018
Source: www.out-law.com
‘Today the Court of Justice of the European Union delivered its judgment in Wightman. This followed the opinion of Advocate General Campos Sánchez-Bordona, concluding that the UK may unilaterally revoke its notification of its intention to leave the EU. In a similar manner to the AG, the CJEU placed conditions on this unilateral revocation. A formal process would be needed to notify the European Council of the UK’s intention to revoke article 50. Such notice of revocation would have to be unequivocal and unconditional (para 74), and, importantly, ‘in accordance with the constitutional requirements of the Member State’, in this case, the UK, and following a ‘democratic process’ (para 66). It would also have to take place before the end of the Article 50 negotiation period, or any agreed extension, and before a Withdrawal Agreement between the exiting state and the EU had been ‘concluded’ – i.e. entered into force (para 73). In addition, the AG’s opinion was that any revocation would have to be in ‘good faith’ and in line with the requirement of ‘sincere cooperation’ between the Member State and the EU and. Further, although not required, it would be reasonable for the Member State to provide its reasons for revoking the Article 50 notification.’
UK Constitutional Law Association, December 2018
Source: ukconstitutionallaw.org
‘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.’
The Guardian, 10th December 2018
Source: www.theguardian.com
‘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.’
Law Society's Gazette, 10th December 2018
Source: www.lawgazette.co.uk
‘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).’
NIPC Law, 6th December 2018
Source: nipclaw.blogspot.com
‘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.’
OUT-LAW.com, 10th December 2018
Source: www.out-law.com
‘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.’
Daily Telegraph, 7th December 2018
Source: www.telegraph.co.uk
‘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.’
Daily Telegraph, 9th December 2018
Source: www.telegraph.co.uk
‘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.’
Legal Futures, 10th December 2018
Source: www.legalfutures.co.uk
‘“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.’
Litigation Futures, 10th December 2018
Source: www.litigationfutures.com
Court of Appeal (Civil Division)
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)
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
‘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.’
Local Government Lawyer, 7th December 2018
Source: www.localgovernmentlawyer.co.uk
‘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.’
BBC News, 8th December 2018
Source: www.bbc.co.uk
‘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.’
The Guardian, 10th December 2018
Source: www.theguardian.com
‘Simon Goodley explains how the Guardian uncovered the secret world of convicted landlords who continue to operate – and exploit – with impunity.’
The Guardian, 8th December 2018
Source: www.theguardian.com
‘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.’
Daily Telegraph, 7th December 2018
Source: www.telegraph.co.uk
‘A teenager who sent thousands of hoax bomb threats to schools and triggered an American airline security scare has been jailed for three years.’
BBC News, 7th December 2018
Source: www.bbc.co.uk
‘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).’
OUT-LAW.com, 7th December 2018
Source: www.out-law.com
‘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.’
UKSC Blog, 4th December 2018
Source: ukscblog.com
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 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 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
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