Paul Gambaccini secures CPS payout over unfounded abuse claims – BBC News
‘Radio DJ Paul Gambaccini has secured a payout from prosecutors over unfounded allegations of historical sex offences.’
BBC News, 3rd November 2018
Source: www.bbc.co.uk
Essex PC guilty of gross misconduct after searches – BBC News
‘A police officer who used force systems to make “multiple” searches of three people has been found guilty of gross misconduct.’
BBC News, 3rd October 2018
Source: www.bbc.co.uk
UK’s top lawyers urge Theresa May to back second Brexit vote – The Guardian
‘More than 1,500 of the UK’s top lawyers have urged Theresa May and MPs to back a second Brexit referendum, saying that “democratic government is not frozen in time”.’
The Guardian, 5th November 2018
Source: www.theguardian.com
Darnley v Croydon Health Services NHS Trust: Supreme Court confirms duty of care exists on non-medical A&E staff – Cloisters
‘In a unanimous judgment delivered on 10th October 2018, the Supreme Court reminded practitioners that there is no need to consider the Caparo v Dickman test in every case where the existence of a duty of care is in issue, and that judges must be careful not to conflate issues relevant to the existence of a duty with those relevant to whether or not the duty has been breached.’
Cloisters, 18th October 2018
Source: www.cloisters.com
Stay of proceedings before serving a claim form – 4 New Square
‘Noting the recent Court of Appeal decision in Grant v Dawn Meats (UK), Stephen Innes and Hannah Daly of 4 New Square consider the options open to Claimants.’
4 New Square, 23rd October 2018
Source: www.4newsquare.com
Lee v Ashers Baking Company Ltd and others – Blackstone Chambers
‘The Supreme Court unanimously and comprehensively reversed the Northern Ireland Court of Appeal’s decision in the “gay cake” case. The Supreme Court, in a decision of considerable significance for the United Kingdom as a whole, and beyond, held that the bakery would have refused to supply this particular cake to anyone, whatever their personal characteristics. So there was no discrimination on grounds of sexual orientation. If and to the extent that there was an arguable case of discrimination on grounds of political opinion, no justification has been shown for overriding the bakery’s ECHR protections against compelled speech.’
Blackstone Chambers, 10th October 2018
Source: www.blackstonechambers.com
Merits relevant in granting interim injunction: Berry Recruitment Limited v Brooke Donovan [2018] EWHC 2280 (QB) – Blackstone Chambers
‘An interim injunction was granted to a recruitment consultant against a former employee. Since there was a possibility that the restrictive covenant in question might expire before a speedy trial could be heard, the Judge took into account the relative merits of the claim.’
Blackstone Chambers, 1st October 2018
Source: www.employeecompetition.com
Reformation Publishing Company v CruiseCo Limited (and another) – Blackstone Chambers
‘The Intellectual Property Enterprise Court (Nugee J) has handed down judgment in a claim for damages for infringement of the copyright in two songs by Spandau Ballet. The judgment clarifies two important principles which will be relevant to similar damages claims.’
Blackstone Chambers, 1st November 2018
Source: www.blackstonechambers.com
Ten Top Tips for Service of Proceedings – 4 New Square
‘Service of proceedings continues to be a fertile ground for disputes. Meritorious and valuable claims can fail on a technicality given how hard it is to obtain a retrospective extension of time for service of a claim form. Here are ten top tips for avoiding the pitfalls and ascertaining whether your opponent has fallen into one.’
4 New Square, 24th October 2018
Source: www.4newsquare.com
Electoral law: unfit for the 21st century? – Counsel
‘With democracy at risk there’s no excuse for legislative inaction, argue Alison Foster QC, Tom Tabori and Gethin Thomas who make the case for reform and put forward proposals for change.’
Counsel, November 2018
Source: www.counselmagazine.co.uk
How has the EU shaped the UK’s tax landscape – 39 Essex Chambers
‘In 1973, when the UK acceded to the EU, the new legal order profoundly affected the interpretation of UK statutes, including tax statues. The infringement procedure has often led to changes in UK law, although not always to the extent initially requested. Corporation tax has become the best-known area of EU influence, with litigation over dividends, tax credits, cross-border tax relief and controlled foreign companies. EU law necessarily governs VAT, although member states are given considerable discretion both by the legislator and the courts. The doctrine of abuse of right derives from the EU legal order but the UK has played a major role in developing it. EU law has affected the activity of tax authorities, the structure of the system of appeals and the permitted structure of taxes, as well as substantive tax law. HMRC has become used to cooperation between tax authorities in the single market, and a role for EU law may arise through the terms of the EU/UK trade agreement, as well as through domestic legislation.’
39 Essex Chambers, 29th October 2018
Source: www.39essex.com
Schedule 36 Finance Act 2008: Information Notices – 11 KBW
‘HMRC’s civil information powers are set out in Schedule 36 to Finance Act 2008. Part 1 of that schedule sets out HMRC’s powers to obtain information and documentation by way of written notices (often referred to as ‘information notices’). Given HMRC has in recent years made increasing use of the information notice powers, and given HMRC is currently consulting on extending the information notice powers (see Amending HMRC’s Civil Information Powers, 10 July 2018), now seems an opportune time to recap on the extent of those powers and the scope for challenging information notices.’
11 KBW, 22nd October 2018
Source: www.11kbw.com
Covered Investment in International Investment Law – Chapter in Investment Treaty Arbitration Review – 4 New Square
‘Can Yeginsu (4 New Square Chambers) and Ceyda Knoebel (Gibson Dunn) examine the definition of “investment”, often a critical threshold question of jurisdiction in investor state arbitration.’
4 New Square, 5th October 2018
Source: www.4newsquare.com
Service Can Be A Right Hassle – 4 New Square
‘Mr Barton attempted to serve proceedings at the very end of the period of the validity of his claim form, which Lord Sumption described as courting disaster. Mr Barton tried to serve it by email but that was invalid because Berrymans Lace Mawer LLP, the solicitors acting for the defendant, had not agreed to accept service of the proceedings by email. By the time the appeal reached the Supreme Court there was no issue about the fact that service was invalid and the case simply turned upon whether a retrospective validation of service should be granted.’
4 New Square, 24th October 2018
Source: www.4newsquare.com
Four Fundamentals of Limitation Periods in Contract and Tort Claims – 4 New Square
‘Four key points for the limitation period for contract and tort claims. Limitation is fiendishly complex – these are some fundamentals for an ‘all-or-nothing’ defence affecting every claim.’
4 New Square, 25th October 2018
Source: www.4newsquare.com
Prisons are new frontline in fighting crime, says Gauke – The Guardian
‘Jails have emerged as a new frontline in fighting crime because advances in technology mean prison walls alone are no longer effective in stopping criminals, the justice secretary has told police chiefs.’
The Guardian, 1st November 2018
Source: www.theguardian.com
BAILII: Recent Decisions
Court of Appeal (Civil Division)
- British Airways Plc v Pinaud [2018] EWCA Civ 2427 (01 November 2018)
- Astor Management AG v Atalaya Mining Plc & Ors [2018] EWCA Civ 2407 (01 November 2018)
- The Brain Disorders Research Ltd Partnership v Revenue And Customs [2018] EWCA Civ 2348 (31 October 2018)
- ST (Afghanistan) v Secretary of State for the Home Department [2018] EWCA Civ 2382 (31 October 2018)
- Chanda v The Secretary of State for the Home Department [2018] EWCA Civ 2424 (31 October 2018)
- General Mediterranean Holding SA SPF v Qucomhaps Holdings Ltd & Ors [2018] EWCA Civ 2416 (31 October 2018)
- Barrow & Anoe v Kazim & Ors [2018] EWCA Civ 2414 (31 October 2018)
- FMX Food Merchants Import Export Co Ltd v HM Revenue and Customs [2018] EWCA Civ 2401 (30 October 2018)
- Hood v HM Revenue and Customs [2018] EWCA Civ 2405 (30 October 2018)
High Court (Administrative Court)
- Norman v Secretary of State for Housing Communities and Local Government & Ors [2018] EWHC 2910 (Admin) (01 November 2018)
- Berkshire Assets (West London) Ltd, R (on the application of) v London Borough of Hounslow [2018] EWHC 2896 (Admin) (01 November 2018)
- Guerry, R (on the application of) v & Ors [2018] EWHC 2899 (Admin) (01 November 2018)
- Cheshire East Council v Secretary of State for Housing Communities & Local Government & Anor [2018] EWHC 2906 (Admin) (01 November 2018)
- Berkeley Burke Sipp Administration Ltd v Financial Ombudsman Service Limited [2018] EWHC 2878 (Admin) (30 October 2018)
- Harvey, R (On the Application Of) v London Borough of Haringey & Anor [2018] EWHC 2871 (Admin) (30 October 2018)
- Bate, R (On the Application Of) v Parole Board of England And Wales [2018] EWHC 2820 (Admin) (26 October 2018)
- Kay, R (On the Application Of) v Scan-Thors (UK) Ltd & Anor (Costs) [2018] EWHC 2842 (Admin) (26 October 2018)
- Begley, R (On the Application Of) v Secretary of State for Justice [2018] EWHC 2714 (Admin) (26 October 2018)
- Angelov v Regional Prosecutors Office Of Sofia (Bulgaria) [2018] EWHC 2895 (Admin) (25 October 2018)
- Bonner v Secretary of State for Justice [2018] EWHC 2819 (Admin) (25 October 2018)
High Court (Chancery Division)
- Britned Development Ltd v ABB AB & Anor [2018] EWHC 2913 (Ch) (01 November 2018)
- Stronghold Insurance Company Ltd, Re [2018] EWHC 2909 (Ch) (31 October 2018)
- Wagner v White [2018] EWHC 2882 (Ch) (31 October 2018)
- New Media Distribution Company Sezc Ltd v Kagalovsky [2018] EWHC 2876 (Ch) (30 October 2018)
- Cowley Property Investment Ltd v Oxford Karting Ltd [2018] EWHC 2824 (Ch) (30 October 2018)
- Barclays Bank Plc, Re [2018] EWHC 2868 (Ch) (29 October 2018)
- Lloyds Banking Group Pensions Trustees Ltd v Lloyds Bank Plc & Ors [2018] EWHC 2839 (Ch) (26 October 2018)
High Court (Commercial Court)
- AXA SA v Genworth Financial International Holdings, Inc. & Ors [2018] EWHC 2898 (Comm) (01 November 2018)
- Recovery Partners GP Ltd & Anor v Rukhadze & Ors [2018] EWHC 2918 (Comm) (01 November 2018)
- FM Capital Partners Ltd v Marino & Ors [2018] EWHC 2905 (Comm) (01 November 2018)
- FM Capital Partners Ltd v Marino & Ors [2018] EWHC 2889 (Comm) (31 October 2018)
- Cavendish Square Holding BV v Team Y&R Holdings Hong Kong Ltd [2018] EWHC 2755 (Comm) (26 October 2018)
- RJ & Anor v HB [2018] EWHC 2833 (Comm) (26 October 2018)
- Anderson & Ors v Sense Network Ltd [2018] EWHC 2834 (Comm) (26 October 2018)
High Court (Family Division)
High Court (Patents Court)
Source: www.bailii.org
Man jailed for 20 years for murder of transgender woman – The Guardian
‘A man has been jailed for at least 20 years for murdering a transgender woman during a sex and drugs binge. Jesse McDonald, 25, contacted 36-year-old Naomi Hersi through the dating website Fabswingers.com, the Old Bailey heard.’
The Guardian, 1st November 2018
Source: www.theguardian.com
