Unintentionally wide non-compete clause: A warning from the Court of Appeal in Egon Zehnder Ltd v Tillman – Cloisters

Posted October 20th, 2017 in company law, competition, covenants, interpretation, news by sally

‘Having previously blogged on this case (see here for that blog on Egon Zehnder Ltd v Tillman [2017] EWHC 1278 (Ch)), Jacques Algazy QC and Nathaniel Caiden consider the repercussions of the Court of Appeal judgment in Tillman v Egon Zehnder Ltd [2017] EWCA Civ 1054.’

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Cloisters, 12th October 2017

Source: www.cloisters.com

Tax Evasion – As the Government ‘Cry Wolf’, is it Anything More Than a Hollow Complaint? – Drystone Chambers

Posted October 20th, 2017 in fraud, news, tax evasion by sally

‘As recently reported in the Times on 14th September 2017 under the headline ‘Amazon in £1.5bn tax fraud row’, HMRC has claimed that Amazon and eBay (among others) have failed to co-operate in fully tackling a multi-billion pound fraud. The article comes after a series of hearings in front of the Parliamentary Public Accounts Committee (‘PAC’).’

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Drystone Chambers, 9th October 2017

Source: drystone.com

Reyes v Al-Malki – Blackstone Chambers

Posted October 20th, 2017 in diplomats, immunity, news, trafficking in human beings by sally

‘The Supreme Court has unanimously found that a former diplomat would not be entitled to diplomatic immunity in relation a claim of human trafficking brought by a domestic worker because the worker’s employment and alleged treatment would not constitute acts performed in the course of the diplomat’s official functions (within the meaning of Articles 31(1)(c) and 39(2) of the 1961 Vienna Convention on Diplomatic Relations).’

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Blackstone Chambers, 18th October 2017

Source: www.blackstonechambers.com

Serious Personal Injury Litigation – A Quantum Update – Byrom Street Chambers

Posted October 20th, 2017 in damages, indexation, news, periodical payments, personal injuries by sally

‘Arguments concerning the indexation of periodical payments orders triggeredmany more cases than usual being tried out after 2005 on numerous heads of damage. Further cases followed after theissue of indexation was decided, leading to the landmark decision in Whiten (2011). In late 2014 and 2015 there has been a further spate of reported cases driven by the NHS LA. James Rowley QC brings together the judgments so that trends in awards in the most serious litigation can be identified.’

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Byrom Street Chambers, 29th September 2017

Source: www.byromstreet.com

The Great Repeal Bill: What will happen to accrued rights to claim Francovich damages? – Blackstone Chambers

Posted October 20th, 2017 in bills, damages, EC law, human rights, news, repeals by sally

‘In the Miller litigation, the UK Government placed considerable weight upon its intention to enact a “Great Repeal Bill”. As the Supreme Court understood it, such a Bill would “…repeal the 1972 Act and, wherever practical, it will convert existing EU law into domestic law at least for a transitional period” (see the majority judgment at ¶34, see also ¶¶94, 263). Now that the European Union (Withdrawal) Bill has been published, it appears that Francovich damages are an important exception to this intention.’

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Blackstone Chambers, 3rd October 2017

Source: www.blackstonechambers.com

Panayiotou v Waltham Forest LBC; Smith v Haringey LBC – Arden Chambers

Posted October 20th, 2017 in disabled persons, homelessness, housing, local government, mental health, news by sally

‘The Court of Appeal has held that whether a person has a priority need for accommodation by reason of vulnerability requires consideration of whether he is “significantly” more vulnerable in a way that is relevant to his ability to deal with the consequences of homelessness; the question is qualitative, not quantitative.’

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Arden Chambers, 19th October 2017

Source: www.ardenchambers.com

Case Law Update – Byrom Street Chambers

‘This paper examines a selection of those of the more interesting cases to those acting for defendants over the past two years.’

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Byrom Street Chambers, 26th September 2017

Source: www.byromstreet.com

Podcast on the Lachaux decision – 5RB

Posted October 20th, 2017 in confidentiality, defamation, media, news, privilege by sally

‘On Tuesday 10th October, 5RB held a panel discussion to review the recent Court of Appeal decision in Lachaux v Independent Print Ltd, Evening Standard Ltd, AOL (UK) Ltd. and its ramifications for the serious harm threshold.’

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5RB, 19th October 2017

Source: www.5rb.com

The Final Destination? The Court of Appeal’s decision in Gahan v Emirates – 4 KBW

Posted October 20th, 2017 in airlines, compensation, delay, EC law, jurisdiction, news, treaties by sally

‘On the 12 October 2017, the Court of Appeal delivered judgment in the joined cases of Gahan v Emirates and Buckley and ors v Emirates [2017] EWCA Civ 1530, in which both the Civil Aviation Authority and the International Air Transport Association intervened.’

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4 KBW, 13th October 2017

Source: www.4kbw.net

Why bother with wellbeing? – Counsel

Posted October 20th, 2017 in barristers, mental health, news by sally

‘In the first of a new series, systemic coach Zita Tulyahikayo and James Pereira QC explain why supporting wellbeing should be an essential aspect of barristers’ and chambers’ practice.’

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Counsel, October 2017

Source: www.counselmagazine.co.uk

Court of Appeal rules on special police services at football matches – Sports Law Bulletin from Blackstone Chambers

Posted October 20th, 2017 in news, police, sport by sally

‘Should a football club be required to pay for policing on match days in areas next to the stadium, which are public land, but over which the club exercises some degree of control?’

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Sports Law Bulletin from Blackstone Chambers, 12th October

Source: www.sportslawbulletin.org

Tax Raid on Premier League club lawful – Sports Law Bulletin from Blackstone Chambers

Posted October 20th, 2017 in fraud, news, search & seizure, sport, taxation, warrants by sally

‘Newcastle United has failed in its attempt to quash HMRC’s search warrant for documents involving suspected major tax fraud.’

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Sports Law Bulletin from Blackstone Chambers, 11th October

Source: www.sportslawbulletin.org

ECJ status post-Brexit – Counsel

Posted October 20th, 2017 in bills, brexit, EC law, interpretation, news by sally

‘Will the UK need to keep an eye on ECJ rulings after withdrawal? Rhodri Thompson QC examines the practical and political difficulties.’

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Counsel, October 2017

Source: www.counselmagazine.co.uk

CQC improving but must tackle issues in regulation activities: watchdog – Local Government Lawyer

Posted October 20th, 2017 in auditors, community care, health, news, standards by sally

‘The Care Quality Commission (CQC) has improved as an organisation, but must overcome “some persistent issues with the timeliness of some of its regulation activities”, the National Audit Office (NAO) has found.’

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Local Government Lawyer, 19th October 2017

Source: www.localgovernmentlawyer.co.uk

Decisions, decisions – Counsel

Posted October 20th, 2017 in barristers, news by sally

‘Is your chambers constitution the weakest link? Advocates for corporate change, Robin Jackson, David Barnes, Catherine Calder and Nick Rees explain how to re-structure for maximum decision-making effect.’

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Counsel, October 2017

Source: www.counselmagazine.co.uk

Supreme Court: state immunity rules incompatible with Article 6 – UK Human Rights Blog

Posted October 20th, 2017 in diplomats, news, state immunity, unfair dismissal by sally

‘If you work for an embassy in London and are not a UK national, you cannot sue your employing state when you get unfairly dismissed. But if you enter a commercial contract with the same embassy, you can sue them.’

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UK Human Rights Blog, 20th October 2017

Source: ukhumanrightsblog.com

BAILII: Recent Decisions

Posted October 20th, 2017 in law reports by sally

Court of Appeal (Civil Division)

Court of Appeal (Criminal Division)

High Court (Chancery Division)

High Court (Commercial Court)

Source: www.bailii.org

Foster care abuse victims urged to speak out after ruling – BBC News

Posted October 20th, 2017 in child abuse, fostering, local government, news, vicarious liability, victims by sally

‘A woman who won a “landmark” legal battle against a council after being abused by foster parents as a child has urged more victims to speak out.’

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BBC News, 19th October 2017

Source: www.bbc.co.uk

EVENT: The Inner Temple – Becoming A Barrister

Posted October 20th, 2017 in Forthcoming events by sally

‘Are you thinking of becoming a Barrister? If you want to find out more, join us at one of the Inner Temple’s Becoming a Barrister Insight Events, starting next week:
Insight event – London 26 October
Venue: The Inner Temple (EC4Y 7HL)
* Doors open 5.30pm
* Panel session with Question and Answer session 6pm
* Reception from 7pm to 8.30pm.

Insight event – Oxford 1 November
Venue: Examination School (OX1 4BG)
* 6.30 pm Doors open
* 6.45pm Panel session with Question and Answer session
* 7.40 pm Reception
* 8.40 pm Finish

Insight event – Bristol 6 November
Venue: Royal Academy of West England (BS8 1PX)
* 6.30 pm Doors open
* 6.45pm Panel session with Question and Answer session
* 7.40 pm Reception
* 8.40 pm Finish

Insight event – Durham 7 November
Venue: St Aidan’s College (DH1 3LJ)
* 5.30 pm Doors open
* 6.00 pm Panel session with Question and Answer session
* 7.00 pm Reception
* 8.40 pm Finish

Insight event – Cambridge – 28 November
Venue: Fitzwilliam College
* 5.30 pm Doors open
* 6.00 pm Panel session with Question and Answer session
* 7.00 pm Reception
* 8.40 pm Finish

These events are free and open to anyone who is interested in a career at the Bar and want the opportunity to have their questions answered by practising barristers. The Outreach team will be on hand to answer questions about scholarships and schemes run by the Inn. Book now: https://goo.gl/wDKrkD

UK legislates for a future of driverless and electric cars – OUT-LAW.com

Posted October 20th, 2017 in accidents, artificial intelligence, insurance, news, road traffic by sally

‘New legislation designed to support the use of electric and driverless cars has been proposed by the UK government.’

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OUT-LAW.com, 19th October 2017

Source: www.out-law.com