‘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
‘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
‘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
‘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
‘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
‘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
‘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 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
‘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
Court of Appeal (Civil Division)
High Court (Administrative Court)
High Court (Chancery Division)
High Court (Commercial Court)
High Court (Family Division)
High Court (Patents Court)
Source: www.bailii.org
‘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
‘A changing role in changing times? Sophie Gould reports on how in-house lawyers are adopting & adapting advances in legal technology.’
New Law Journal, 26th October 2018
Source: www.newlawjournal.co.uk
‘A claimant was entitled to issue his claim solely in pursuit of costs where the defendant “acted unfairly” by trying to settle pre-action but refusing to pay any costs, the High Court has ruled.’
Litigation Futures, 1st November 2018
Source: www.litigationfutures.com
‘Campaigners have launched a judicial review challenge over a decision by Birmingham City Council to close a day centre used by people with a range of physical and learning disabilities.’
Local Government Lawyer, 1st November 2018
Source: www.localgovernmentlawyer.co.uk
‘The government recently announced proposals to extend hate crime to cover hostility towards women, men and the elderly. But has the legal recognition of ‘hate’ actually helped to address prejudice and victim’s rights?’
Rights Info, 1st November 2018
Source: rightsinfo.org
‘The ongoing uncertainty around the post-Brexit landscape, a vital appeal decision over legal professional privilege and disclosure reforms have been dominating the headlines for litigators.’
New Law Journal, 1st November 2018
Source: www.newlawjournal.co.uk
‘Four members of a Huddersfield grooming gang have been jailed for a harrowing campaign of violence and sexual abuse against three vulnerable girls.’
The Guardian, 1st November 2018
Source: www.theguardian.com
‘Emma-Louise Fenelon talks with Pritesh Rathod about the significance of clinical guidelines in his clinical negligence practice and recent controversy involving maternal choice caesareans, Montgomery and relevant NICE Guidelines.’
Law Pod UK, 1st November 2018
Source: audioboom.com
‘Cheshire East Council has failed in a High Court challenge to a planning inspector’s decision to grant a developer outline planning permission for 29 dwellings on appeal.’
Local Government Lawyer, 1st November 2018
Source: www.localgovernmentlawyer.co.uk
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