Judicial Authorisation of Deprivation of Liberty – 39 Essex Chambers

Posted December 8th, 2017 in care orders, consent, deprivation of liberty safeguards, judiciary, news, young persons by sally

‘A procedure has been established by the courts to enable the authorisation of the deprivation of liberty of an individual over the age of 16 who lacks capacity to consent to their confinement. This procedure, usually called the Re X procedure after the decision of Re X and others (Deprivation of Liberty) [2014] EWCOP 25 (and No 2 [2014] EWCOP 37), can be used in any setting where the DOLS authorisation procedure in Schedule A1 to the MCA 2005 cannot be used, and also where the person is between the age of 16 and 18.’

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39 Essex Chambers, December 2017

Source: www.39essex.com

Burnley Hall LLP v Domicilium Limited (Chancery Division, 14 November 2017) – Falcon Chambers

Posted December 8th, 2017 in arbitration, capital allowances, leases, news by sally

‘Burnley Hall brought a claim for specific performance of a put option agreement. The agreement was part of a broader transaction by which the claimant, a limited liability partnership, entered into a joint venture for the development of student accommodation. The venture was entered into on condition that Business Premises Renovation Allowances (under Part 3A of the Capital Allowances Act 2001) would be available and in the event that they were not, Burnley Hall secured the right to extricate itself from the transaction by exercising a put option to require the defendants to take back the leases they had granted and to repay the sums invested by the individuals behind the LLP.’

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Falcon Chambers, 14th November 2017

Source: www.falcon-chambers.com

I see you stand like greyhounds in the (procedural) slips – Blackstone Chambers

Posted December 8th, 2017 in disciplinary procedures, dogs, drug abuse, news, sport by sally

‘The principles of fair procedure ought to be well known to most sporting disciplinary bodies by now, but a case before the disciplinary and appellate bodies of the Greyhound Board of Great Britain (GBGB) illustrates how procedural slips can still occur, causing substantial unfairness to a person facing disciplinary action. The case also shows the power of a fair appellate body to put right procedural defects.’

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Blackstone Chambers, 4th December 2017

Source: www.sportslawbulletin.org

INEOS Upstream Ltd & Ors v Persons Unknown [2017] EWHC 2945 (Ch) – Falcon Chambers

Posted December 8th, 2017 in demonstrations, energy, environmental protection, fracking, injunctions, news by sally

‘Acting for the UK’s largest holder of licences for onshore shale gas exploration, and a number of private individuals, Janet Bignell QC and Gavin Bennison have successfully obtained the long-term continuation of interim injunctions restraining a wide range of unlawful conduct by protestors opposed to hydraulic fracturing (‘fracking’). The injunctions were initially obtained on an ex parte basis in July 2017, and continuation was secured with only minor modification at an opposed hearing on 12 September 2017. At a three-day hearing in November 2017 before Morgan J which attracted considerable media interest, the claimants resisted applications to discharge the injunctions brought by two well-known “anti-fracking” campaigners.’

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Falcon Chambers, December 2017

Source: www.falcon-chambers.com

Anaum Riaz discusses: Re H (Surrogacy Breakdown) [2017] EWCA 1798 (Civ); The law doesn’t take a special approach to surrogacy cases – Park Square Barristers

Posted December 8th, 2017 in contact orders, news, parental responsibility, residence orders, surrogacy by sally

‘The Court of Appeal decision in Re H (Surrogacy Breakdown) [2017] EWCA 1798 (Civ) this week has confirmed that the ordinarily principles of children’s law, and the fundamental question of: What is in the best interests of the child? apply in relation to surrogacy in the ordinary way. There are no special rules or considerations which apply in the case of surrogacy disputes.’

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Park Square Barristers, 24th November 2017

Source: www.parksquarebarristers.co.uk

Haider Abdullah v Credit Suisse – Blackstone Chambers

Posted December 8th, 2017 in banking, contribution, markets, negligence, news by sally

‘The Commercial Court (Andrew Baker J) has given judgment in favour of the Claimants in their action for damages against Credit Suisse under s.138D of the Financial Services and Markets Act 2000 (FSMA).’

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Blackstone Chambers, 27th November 2017

Source: www.blackstonechambers.com

No Springboard Injunction for Breach of Confidence – Blackstone Chambers

Posted December 8th, 2017 in confidentiality, contract of employment, injunctions, news, restrictive covenants by sally

‘Despite some suspect behaviour by the Defendants, the High Court refused to grant a springboard injunction to the Claimant for breach of confidence because the balance of evidence did not support the conclusion that any advantage had been gained through misuse of confidential information.’

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Blackstone Chambers, 27th November 2017

Source: www.employeecompetition.com

Brexit through the Gift Shop? Are we about to give away our competition law claims? – Blackstone Chambers

Posted December 8th, 2017 in bills, brexit, competition, EC law, news, treaties by sally

‘Recent press reports have suggested that competition lawyers in other Member States have been confidently predicting the death of cartel claims in the UK following Brexit. But reports of the demise of this species of litigation are premature. The European Communities Act 1972 (the ECA 1972) will be repealed following the entry into force of the European Union (Withdrawal) Bill (the Bill). But this is unlikely to have any significant impact on the ability of claimants to bring claims before UK courts for damages caused by infringement of Article 101 of the Treaty on the Functioning of the European Union (TFEU) – at least for quite some time. The reason for this is the provisions of the Bill that protect rights that have accrued prior to “exit day”.’

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Blackstone Chambers, 4th December 2017

Source: www.blackstonechambers.com

Arbitration notices: are you being served? – Hardwicke Chambers

Posted December 8th, 2017 in arbitration, electronic mail, news, notification, service by sally

‘In the majority of, if not all cases, a notice of arbitration will be preceded by negotiation or correspondence between employees or agents of the parties. The trap for the unwary, as illustrated by the recent decisions in Sino Channel Asia Limited v Dana Shipping and Trading Pte and Glencore Agriculture BV v Conqueror Holdings Ltd, is that serving the notice of arbitration on the person whom the serving party has previously dealt with may not be effective service at all.’

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Hardwicke Chambers, 1st December 2017

Source: www.hardwicke.co.uk

Time Limits under the Human Rights Act 1998: what is a “course of conduct”? – Cloisters

Posted December 8th, 2017 in barristers, disciplinary procedures, human rights, limitations, news, Supreme Court by sally

‘Anna Beale discusses the Supreme Court’s interpretation of the time limit provisions contained in the Human Rights Act 1998 in O’Connor v Bar Standards Board [2017] UKSC 78.’

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Cloisters, 7th December 2017

Source: www.cloisters.com

Still-births; time to pass responsibility to Coroners? – Park Square Barristers

Posted December 8th, 2017 in anonymity, birth, coroners, inquests, judicial review, news by sally

‘On 17th May this year I discussed the Court of Appeal decision in the tragic case of R (on the application of T) v HM SENIOR CORONER FOR THE COUNTY OF WEST YORKSHIRE (2017) EWCA Civ 318 in which the Court of Appeal were asked to deal with an application for judicial review of two decisions of the West Yorkshire Coroner; first to hold an Inquest into the death of a baby who may or may not have been born alive and second not to grant an anonymity order to the baby’s mother. ‘

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Park Square Barristers, 5th December 2017

Source: www.parksquarebarristers.co.uk

Re M (A Child) (2017) Court of Appeal (Civil Division) – Park Square Barristers

Posted December 8th, 2017 in adoption, asylum, local government, news by sally

‘The Court of Appeal decision in Re M (A Child) (2017) has confirmed that for the purpose of conducting an assessment under the Adoption and Children Act 2002 s.42(7), a local authority are not confined to the period after the adoption application has been made; it can include periods before the application. The decision emphasises that section 42(7) should not be construed in narrow terms but it should be given a wider, purposeful interpretation.’

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Park Square Barristers, 6th December 2017

Source: www.parksquarebarristers.co.uk

Iris Hyslop v 38/41 CHG Residents Co Limited [2017] UKUT 398 (LC) – Tanfield Chambers

Posted December 8th, 2017 in appeals, landlord & tenant, news, service charges, time limits, tribunals by sally

‘The First Tier Tribunal is entitled to rely on an applicant to send its application, but not the FTT’s subsequent decision, to the respondents to that application. Time will not start running for a party to apply for a permission to appeal until the FTT has itself provided a copy of its decision to that party.’

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Tanfield Chambers, 1st December 2017

Source: www.tanfieldchambers.co.uk

Landmark judgment in group litigation data leak claim – 5RB

Posted December 8th, 2017 in data protection, fraud, misuse of private information, news, vicarious liability by sally

‘Judgment in the trial on liability in a group litigation claim brought by 5,518 employees of the supermarket chain WM Morrison Supermarkets PLC has been handed down today [1 December].’

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5RB, 1st December 2017

Source: www.5rb.com

Reasons – Local Government Law

Posted December 8th, 2017 in environmental protection, local government, news, planning, reasons by sally

‘In Dover District Council v CPRE Kent [2017] UKSC 79 the Supreme Court reviewed various statutory rules relating to the provision of reasons for planning decisions, observing that these rules are to be found in subordinate legislation and that it is hard to detect a coherent approach to their development. The three main categories of planning decision are: (i) decisions of Secretaries of State and inspectors, (ii) decisions by local planning authorities in connection with planning permission, and (iii) decisions, at any level, on applications for EIA development.’

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Local Government Law, 6th December 2017

Source: local-government-law.11kbw.com

Collateral waiver of privilege (Holyoake and another v Candy and others) – Hardwicke Chambers

Posted December 8th, 2017 in disclosure, evidence, news, privilege by sally

‘Dispute Resolution analysis: When is it appropriate to waive privilege during the course of civil proceedings, and what are the risks if you do? These questions regularly create difficulties for litigators, and a variant of them arose during the trial of Holyoake v Candy. Roger Stewart QC, of 4 New Square, Richard Fowler, of Maitland Chambers, and John Beresford, of Hardwicke Chambers, who appeared for the claimants, examine the issues and say being able to advise with reasonable assurance as to the scope of any collateral waiver will be key to the decision on whether privilege ought to be intentionally waived.’

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Hardwicke Chambers, 5th December 2017

Source: www.hardwicke.co.uk

Essop & Naeem in the Supreme Court: giving answers and provoking new questions in indirect discrimination – Cloisters

Posted December 8th, 2017 in age discrimination, employment tribunals, news, race discrimination, reasons, religious discrimination, Supreme Court by sally

‘This summer’s Supreme Court decision in Essop reinstated the established postition in indirect discrimination cases – that there is no requirement for a claimant to establish the reason for disadvantage arising from the provision, criterion or practice in question.’

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Cloisters, 6th December 2017

Source: www.cloisters.com

BAILII: Recent Decisions

Posted December 8th, 2017 in law reports by sally

Supreme Court

O’Connor v Bar Standards Board [2017] UKSC 78 (6 December 2017)

Dover District Council v CPRE Kent [2017] UKSC 79 (6 December 2017)

High Court (Administrative Court)

T v Secretary of State for Justice [2017] EWHC 3181 (Admin) (07 December 2017)

Director of Public Prosecutions (DPP) v Smith [2017] EWHC 3193 (Admin) (07 December 2017)

O’Connell, R (On the Application Of) v Westminster Magistrates’ Court [2017] EWHC 3120 (Admin) (06 December 2017)

Power v Her Majesty’s Senior Coroner for Inner North London [2017] EWHC 3117 (Admin) (05 December 2017)

Rostron v Guildford Borough Council [2017] EWHC 3141 (Admin) (05 December 2017)

Skelton, R (On the Application Of) v Winchester Crown Court [2017] EWHC 3118 (Admin) (05 December 2017)

High Court (Chancery Division)

The National Crime Agency v Dong & Anor [2017] EWHC 3116 (Ch) (07 December 2017)

Wallace v Revenue And Customs [2017] EWHC 3115 (Ch) (06 December 2017)

High Court (Commercial Court)

Golden Belt 1 Sukuk Company BSC(c) v BNP Paribas [2017] EWHC 3182 (Comm) (07 December 2017)

High Court (Family Division)

AB v CD (Jurisdiction Global Maintenance Orders) [2017] EWHC 3164 (Fam) (06 December 2017)

HRS Louis Xavier Marie Guillaume Prince of Luxembourg, Prince of Nassau and Prince of Bourbon-Parma v HRH Tessy Princess of Luxembourg, Princess of Nassau and Princess of Bourbon-Parma & Anor [2017] EWHC 3095 (Fam) (05 December 2017)

High Court (Patents Court)

Eli Lilly & Co & Ors v Genentech Inc [2017] EWHC 3104 (Pat) (06 December 2017)

High Court (Queen’s Bench Division)

Faieta v ICAP Management Services Ltd [2017] EWHC 2995 (QB) (06 December 2017)

Dhir v Saddler [2017] EWHC 3155 (QB) (06 December 2017)

Liverpool Victoria Insurance Company Ltd v Yavuz & Ors [2017] EWHC 3088 (QB) (06 December 2017)

Dring v Cape Distribution Ltd & Anor (Constitution – access to courts – open justice) [2017] EWHC 2103 (QB) (05 December 2017)

Bing Holdings Inc & Anor v Hue-Williams [2017] EWHC 3149 (QB) (05 December 2017)

High Court (Technology and Construction Court)

DPM Property Services Ltd v Emerson Crane Hire Ltd [2017] EWHC 3092 (TCC) (06 December 2017)

Source: www.bailii.org

The death of holiday pay has been greatly exaggerated, but has the King slain Bear Scotland? – Cloisters

Posted December 8th, 2017 in contract of employment, EC law, holiday pay, news, self-employment by sally

‘Caspar Glyn QC considers the decision of C‑214/16 King v The Sash Windows Workshop Limited which was handed down today.’

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Cloisters, 29th November 2017

Source: www.cloisters.com

Environmental Law News Update – Six Pump Court

Posted December 8th, 2017 in agriculture, consultations, enforcement, environmental protection, news, planning by sally

‘In this latest Environmental Law News Update Christopher Badger and Charles Morgan consider the Environment Agency’s consultation on a new Enforcement and Sanctions Policy, an inquiry into Green Finance by the Environmental Audit Committee and new farming rules for water.’

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Six Pump Court, 4th December 2017

Source: www.6pumpcourt.co.uk