‘Yesterday [27 November], the Court of Appeal handed down judgment in Richard Slade & Co v Boodia [2018] EWCA Civ 2667, resolving much of the confusion and concern that had fomented around the now reversed High Court decision and the issue of interim statute bills generally.’
4 New Square, 28th November 2018
Source: www.4newsquare.com
‘This appeal considered whether the effect of a Transfer Order, which transferred to Transport for London certain roads in London, was only to transfer the surface of the highway and sufficient sub-soil (normally called the two top spits) as is necessary for the maintenance of the surface, or whether it was to transfer to TfL the entire interest held by the council in the land on which the highway ran.’
UKSC Blog, 5th December 2018
Source: ukscblog.com
‘The case concerns discrimination against part-time judges in the calculation of pensions. The issue is whether periods of service as a part-time judge prior the coming into effect of Part Time Workers Directive (97/81/EC) should be taken into account in calculating the amount of pension to be paid upon retirement.’
Cloisters, 7th November 2018
Source: www.cloisters.com
‘Judgment was handed down today in R (MP) v Secretary of State for Health and Social Care [2018] EWHC [3392] (Admin). Lewis J upheld the changes to system of charging ‘overseas visitors’ (those not ordinarily resident in the UK) for use of NHS services brought about by the National Health Service (Charges to Overseas Visitors) Amendment Regulations 2017 (“the 2017 Regulations”).’
11 KBW, 10th December 2018
Source: www.11kbw.com
‘By Judgment handed down on 29 November 2018 Lord Justice Davis and Mr Justice Ouseley dismissed the Claimants claims for Judicial Review of the Government’s decision to not embark on ‘Part 2’ of the Leveson Inquiry.’
UK Human Rights Blog, 11th December 2018
Source: ukhumanrightsblog.com
‘Mears Limited v Costplan Services (South East) Limited & Others [2018] EWHC 3363 (TCC) concerned the development of student accommodation in Plymouth. Mears Limited (“Mears”) alleged that there were substantial and material deviations from the contractual drawings and sought declarations preventing the certification of practical completion, the practical effect of which was to allow Mears to terminate its agreement to take a lease of the accommodation.’
4 New Square, 10th December 2018
Source: www.4newsquare.com
‘The Commercial Court has found in favour of Mr Greenhouse (represented by Andrew George QC and Daniel Cashman) on every issue before it, in relation to a contractual commission dispute in the gambling/electronic payment sector.’
Blackstone Chambers, 30th November 2018
Source: www.blackstonechambers.com
‘David Wolchover explains exactly why Article 50 can be unilaterally rescinded.’
New Law Journal, 5th December 2018
Source: www.newlawjournal.co.uk
‘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
‘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
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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
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