Home Office review over harassment at abortion clinics – BBC News
‘New laws could be introduced to protect women from harassment outside abortion clinics, the Home Office has said.’
BBC News, 26th November 2017
Source: www.bbc.co.uk
UK watchdog launches inquiry into teacher who admitted molesting boys – The Guardian
‘The UK teachers’ watchdog has launched an investigation into alleged misconduct by an American teacher who the Guardian revealed was hired by two British schools despite previously admitting molesting boys.’
The Guardian, 26th November 2017
Source: www.theguardian.com
NHS pays out record compensation to cancer patients – Daily Telegraph
‘The number of cancer patients successfully suing the NHS for missed diagnoses has doubled in the past five years, new figures show.’
Daily Telegraph, 26th November 2017
Source: www.telegraph.co.uk
Guidance on unreliable or manipulated forensic toxicology tests – Family Law
‘The Ministry of Justice (MoJ) has released guidance for those concerned about potentially unreliable forensic toxicology tests. This follows police investigations into the potential manipulation of forensic toxicology test results at two private companies, Trimega Laboratories Limited and Randox Testing Services. The test results were used as expert evidence in England and Wales. The guidance includes examples which aim to help people understand where toxicology tests may have been used as part of decision making in court cases, and provides advice for those who believe their case may have been adversely affected by manipulated test results.’
Family Law, 24th November 2017
Source: www.familylaw.co.uk
Cohabiting couples warned of ‘common law marriage’ myths – BBC News
‘Millions of unmarried couples who live together could be unaware of their rights if the relationship breaks down, a family law group has warned.’
BBC News, 27th November 2017
Source: www.bbc.co.uk
Dubious forensic evidence? That’s what happens when we sell off public services – The Guardian
‘The recent mass review of 10,000 criminal case samples shows what can happen when commercial demands get in the way of vital public services.’
The Guardian, 27th November 2017
Source: www.theguardian.com
A Ghost from the Past with Lessons for the Future? Grounds for a debtor’s petition under s 272(1) of the Insolvency Act 1986 – Hardwicke Chambers
‘On 20 October 2017 Registrar Derrett handed down judgment in the case of Thomas v Haederle (unreported), in which she gave reasons for dismissing a bankruptcy petition presented by the debtor (T) in the County Court at Norwich on 4 December 2014, pursuant to s 272 of the Insolvency Act 1986 (IA86), as it then was.’
Hardwicke Chambers, 2nd November 2017
Source: www.hardwicke.co.uk
Intentional Homelessness: Whether 2-Years Renting Amounted to Settled Accommodation – Garden Court Chambers
‘In November 2010 the appellant, Mr Doka, was evicted from his home at Laburnam Close in South East London on the basis of rent arrears. His former employer, Mr Theobald, subsequently allowed him to stay in his home in Dartford. The arrangement was initially meant to be a temporary one. But after a few weeks the arrangement was put on a more stable footing, with Mr Theobald agreeing to provide what he described as ‘full-time accommodation’, allowing Mr Doka to sleep in his son’s bedroom (while his son was away at University) for £500 a month. Mr Theobald told Mr Doka that he could live there for two-three years, while his son finished at University, though Mr Doka would be required to stay with friend’s on occasion if Mr Theobald’s son returned and needed the use of the room.’
Garden Court Chambers, 10th November 2017
Source: www.gardencourtchambers.co.uk
The Problem of Iago: Bringing or Defending a Tainted Information Whistleblowing Claim Part 2 – Littleton Chambers
‘In his last blog post, The Problem of Iago: Whistleblowing and tained information, Benjamin Gray considered the cases of Royal Mail Ltd v Jhuti [2017] EWCA Civ 1632 and International Petroleum Ltd v Osipov [2017] UKEAT/0058/17 and the difficulties faced by both claimants and respondents in ‘tainted information’, or ‘Iago’, cases, where employers are manipulated into dismissing employees by their co-workers.’
Littleton Chambers, 22nd November 2017
Source: www.littletonchambers.com
Excessive service charges and what to do about them – 4 KBW
‘Service charges are fees that homeowners often commit to pay under the terms of the lease they enter into when they purchase their homes.[1] They are increasingly common in share-of-freehold properties, and commonly include the costs of insurance, lighting, maintenance, cleaning and the repair of common parts such as lifts and gyms, as well as fees for the purchase, sale, sublet or alteration of a flat. They can also effect the purchase of some freehold properties.’
4 KBW, 14th November 2017
Source: www.4kbw.net
Cos Services Limited v Nicholson & Willans [2017] UKUT 382 (LC) – Tanfield Chambers
‘The Upper Tribunal gave guidance as to how an assessment of reasonableness of insurance premiums under s.19 of the Landlord and Tenant Act 1985 ought to be approached.’
Tanfield Chambers, 1st November 2017
Source: www.tanfieldchambers.co.uk
Returning to the new Pre-Action Protocol for Construction and Engineering Disputes – Hardwicke Chambers
‘Construction analysis: One year after the second edition of the Pre-Action Protocol for Construction and Engineering Disputes (the Protocol) came into force, David Pliener looks at how it has been used in practice. He notes that while it has generally been well-received, the Protocol’s full impact has not been felt yet, and there are still areas where uptake has been slow. Nevertheless, over the past year, indications point to the overall success of the new regime.’
Hardwicke Chambers, 3rd November 2017
Source: www.hardwicke.co.uk
Charlotte Davies on Recent Cases on Oral Contracts – Sailing to Victory via the Horse & Groom – Littleton Chambers
‘Charlotte Davies looks at two recent decisions of the Commercial Court that provide useful illustrations of the Court’s approach to cases involving alleged oral contracts and demonstrate some of the pitfalls in such claims.’
Littleton Chambers, 8th November 2017
Source: www.littletonchambers.com
Regulator at odds with trainers over new rules for equine wind operations – The Guardian
‘The British Horseracing Authority brushed off an accusation of “poor regulation” from the National Trainers’ Federation on Wednesday over a new rule that requires trainers to declare wind operations on their horses, and it seems likely to irritate the NTF further by insisting trainers found guilty of a serious breach of the rule will risk the suspension of their licence.’
The Guardian, 22nd November 2017
Source: www.theguardian.com
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Ayodele v Citylink Ltd & Anor [2017] EWCA Civ 1913 (24 November 2017)
High Court (Commercial Court)
First Names (Jersey) Ltd & Anor v IFG Group Plc [2017] EWHC 3014 (Comm) (24 November 2017)
Source: www.bailii.org
Council settles historic abuse claim with five-figure payout: report – Local Government Lawyer
‘A local authority which initially defended a sexual abuse claim on the basis that it would be an abuse of process to make a second attempt at compensation, has agreed to make a five-figure payout to settle the claim, it has been reported.’
Local Government Lawyer, 24th November 2017
Source: www.localgovernmentlawyer.co.uk
Court of Appeal: ATE that can be voided is not adequate replacement for security for costs – Litigation Futures
‘After-the-event insurance which can be voided does not constitute adequate security for costs, the Court of Appeal has ruled. Overturning the decision of Mr Justice Snowden, Lord Justice Longmore said the case raised “important questions of principle” because the original decision showed “there may be a tendency (I put it no higher) for judges at first instance to accept that an ATE policy can stand as security for costs.’
Litigation Futures, 23rd November 2017
Source: www.litigationfutures.com
Goods Mortgages Bill ready to write off unfair law on logbook loans – Law Commission
‘The Law Commission has today published a new draft Bill to put the brake on unfair rules on logbook loans and usher in a new era of better protection for consumers.’
Law Commission, 24th November 2017
Source: www.lawcom.gov.uk/
