UK judges to get scientific guides – BBC News
‘A UK Supreme Court judge has launched the first of a series of scientific guides for the judiciary.’
BBC News, 22nd November 2017
Source: www.bbc.co.uk
The New POCA Frontier: Bitcoin and Electronic Currency, Shaping Asset Recovery in the 21st Century – Drystone Chambers
‘The question of whether the Proceeds of Crime Act 2002 (POCA) can be used to deal with Bitcoins¹ and electronic currencies has been the subject of some speculation by specialist practitioners recently. In my view it can be utilised, but it is not ideal. I will not deal with the technical difficulties in finding bitcoin accounts; what I will concentrate on in this article is finding the correct legal tools to recover the assets and what other options are available when it does not work.’
Drystone Chambers, 23rd October 2017
Source: drystone.com
Taking the Profit out of Killing Animals – Is Asset Recovery the Answer to Poaching? – Drystone Chambers
‘It is clear that some iconic species of animals are on the brink of extinction. This is not just a crisis for those countries in which those species live, but a global issue. It will ultimately take a collaborative world-wide response to combat the problem.’
Drystone Chambers, 6th November 2017
Source: drystone.com
G4S youth jail beset by violence, vandalism and weapons, report finds – The Guardian
‘Surging levels of violence at an “unsafe” G4S-run youth jail have put staff in hospital and caused inmates to carry improvised weapons for their safety, inspectors have revealed.’
The Guardian, 21st November 2017
Source: www.theguardian.com
Starham v Greene King – Falcon Chambers
‘In 2014, Starham bought a piece of land on the Harrow Road. Most of the land was being used as a beer garden by the Masons Arms pub, owned by Greene King. Starham claimed this use was a trespass. Greene King claimed it was entitled to use the land as a beer garden by virtue of a right created by a conveyance dated 24 August 1855 which it said was an easement or a restrictive covenant.’
Falcon Chambers, November 2017
Source: www.falcon-chambers.com
Not with a Whisper but a Bang: the new insurance laws in a Professional Indemnity Context – Hailsham Chambers
‘The changes of last August and the impending Enterprise Act 2016 changes for May of next year will transform the way we have to look at insurance contracts generally and, if our insurer clients’ underwriting departments have not substantially rewritten their proposal forms and policy documents, we can anticipate a few years of ongoing law making.’
Hailsham Chambers, 3rd November 2017
Source: www.hailshamchambers.com
Brexit & Developments in Valuer’s Liabilities – Hailsham Chambers
‘In the run up to the referendum the mood about the consequence of a leave vote was, from an economic point of view, pessimistic. ‘
Hailsham Chambers, 3rd November 2017
Source: www.hailshamchambers.com
Know your limitation – New Law Journal
‘A number of hot topics in the professional negligence arena came before Mrs Justice Moulder in the recent case of Halsall and Others v Champion Consulting Limited and Others [2017] EWHC 1079 (QB), [2017] All ER (D) 44 (Jun). The result ultimately turned on the application of s 14A of the Limitation Act 1980 (LA 1980) and the claim, which otherwise would have succeeded, was dismissed as statute barred. But was the decision on limitation correct?’
New Law Journal, 27th October 2017
Source: www.newlawjournal.co.uk
Burrows Investments Limited v Ward Homes Limited [2017] EWCA Civ 1577 – Falcon Chambers
‘The case concerned a residential development is White Sands, Camber, East Sussex. The land initially belonged to Burrows, which had obtained planning permission to build out a residential housing estate. Part of the land was sold to Ward, a housebuilder, subject to the terms of a contract which included an overage agreement by which 30% of profits above a fixed ceiling were payable to Burrows. That overage agreement was protected by a restriction at the Land Registry against the Ward title. Pursuant to the contract, certain disposals were “Permitted Disposals” under Clause 4.9 of the contract, not caught by the restriction. These included sales of individual units in the open market, and also (under sub-paragraph (c)) “the transfer … of land … for roads, footpaths, public open spaces or other social/community purposes”. Save as permitted, other disposals were caught by the restriction and required the disponee to submit to a deed of overage direct to Burrows.’
Falcon Chambers, November 2017
Source: www.falcon-chambers.com
Time to end solicitor-bar divide, first female solicitor QC says – Law Society’s Gazette
‘England and Wales’ first female solicitor advocate QC is set to also become the first to dual qualify as both a solicitor and barrister. June Venters, who was made QC in 2006, will be called to the bar by Middle Temple on Thursday.’
Law Society's Gazette, 21st November 2017
Source: www.lawgazette.co.uk
Discount Rate and Accommodation Claims: Is there a will and is there a way – Byrom Chambers
‘On 07.09.2016, the Lord Chancellor announced his much awaited response to the Consultation commenced by his predecessor following the decisions made on 27.02.2017 to lower the discount rate from 2.5% to -0.75%.’
Byrom Street Chambers, September 2017
Source: www.byromstreet.com
Homelessness Update – Doughty Street Chambers
‘Annual Review of Developments in Homelessness Law presentation slides.’
Doughty Street Chambers, 17th November 2017
Source: www.doughtystreet.co.uk
Equal Civil Partnerships: Implications of Strasbourg’s latest ruling for Steinfeld and Keidan – Helen Fenwick & Andy Hayward – UK Human Rights Blog
‘Equal civil partnerships divide opinions. For their proponents, access to such a status, and the legal benefits that follow, allows couples critical of marriage – whether same or different-sex – the ability to express their relationship through (in their view) a more appropriate, modern and egalitarian legal institution. Opponents question such a need in light of the availability of civil marriage, which has over centuries evolved and may not now necessarily be perceived as embodying the patriarchal or heteronormative values that its critics challenge. Calls for allowing different-sex as well as same-sex couples to enter civil partnerships in England and Wales have grown louder recently following the failed Equal Love case (Ferguson v UK), the production of several Private Members Bills and the on-going litigation in Steinfeld and Keidan v Secretary of State for Education, due to be heard by the Supreme Court in Spring 2018. The desire, however, for different-sex civil partnerships is not limited to this jurisdiction, and was recently explored for the first time by the Strasbourg court in Ratzenböck and Seydl v Austria. After exploring the background to this legal challenge, this post will critically analyse the reasoning of the Strasbourg Court and assess its implications for the challenge in Steinfeld.’
UK Human Rights Blog, 21st November 2017
Source: ukhumanrightsblog.com
Graduate in £1m claim was badly let down by Oxford, court told – The Guardian
‘An Oxford graduate is suing the university for £1m on the grounds that his failure to get a top degree 17 years ago cost him the chance of a lucrative legal career.’
The Guardian, 21st November 2017
Source: www.theguardian.com
Uber and Out: Yet Another Victory for the Rights of Uber Drivers – Oxford Human Rights Hub
‘In the UK Employment Appeals Tribunal (EAT) last week, Uber lost the latest case brought against it by its drivers. Across the world, a succession of lawsuits have sought to argue, usually with success, that Uber’s drivers are able to avail themselves of at least some of the protections of employment law. This is a welcome step towards a reconceptualization of the legal approach to eligibility for employment rights.’
Oxford Human Rights Hub, 21st November 2017
Source: ohrh.law.ox.ac.uk
Commercial property: Restrictive covenants – Law Society’s Gazette
‘There are few cases so iconic that lawyers remember the names long after university or law school. One is Tulk v Moxhay [1848], the case on the restrictive covenants which have prevented building on Leicester Square. The date of that case demonstrates that well-drafted restrictive covenants on land are an effective way of controlling development of land indefinitely. However, not all restrictions are worthy of preservation, so the Law of Property Act 1925 contains in section 84 a mechanism for the release of land from restrictive covenants in certain circumstances.’
Law Society's Gazette, 20th November 2017
Source: www.lawgazette.co.uk
Court throws out arbitration award over email error – Law Society’s Gazette
‘The High Court has set aside a final arbitration award because it was emailed to someone without authority to receive it.’
Law Society's Gazette, 21st November 2017
Source: www.lawgazette.co.uk
Toothpaste advert banned after it features naked model with onions – The Independent
‘A toothpaste advert that featured a naked model next to a pile of onions has been banned for “objectifying” women.’
The Independent, 22nd November 2017
Source: www.independent.co.uk
