Appeal judges quash football stadium permission over failure to give reasons – Local Government Lawyer

Posted February 17th, 2017 in local government, news, planning, reasons by sally

‘The Court of Appeal has quashed a council’s grant of planning permission for a new football stadium over the failure of its planning committee to give reasons for its decision.’

Full story

Local Government Lawyer, 17th February 2017

Source: www.localgovernmentlawyer.co.uk

Katherine Apps on New Data Protection Case from Court of Appeal – Littleton Chambers

Posted February 17th, 2017 in data protection, disclosure, employment, employment tribunals, news by sally

‘Following the case of Durant v Financial Services Authority [2004] FSR 573 it became common for an employer to resist providing disclosure to an employee who makes a subject access request under the Data Protection Act 1998 wholly or mainly in order to obtain material which would assist in pursuing litigation.’

Full story

Littleton Chambers, 16th February 2017

Source: www.littletonchambers.com

Newsletter, Winter 2017 – Falcon Chambers

Posted February 17th, 2017 in costs, land registration, leases, mortgages, news, restrictive covenants by sally

Articles include:
Restrictive Covenants and Building Schemes Just Like Buses p.7
Land Registration and the Service of Notices: mind the gap p.10
Forks & Spades; Leases & Licences; Possession & Occupation p.14
Recovering Costs in the First-tier Tribunal (Property Chamber) p. 16

Newsletter (PDF)

Falcon Chambers, Winter 2017

Source: www.falcon-chambers.com

Hyperandrogenism – Podcast – Littleton Chambers

Posted February 17th, 2017 in gender, news, sport by sally

‘Ahead of the Court of Arbitration for Sport’s upcoming review of its suspension of the IAAF’s regulations on hyperandrogenism, Lydia Banerjee and Grahame Anderson discuss the key issues and dilemmas facing sport and sports lawyers.’

Listen

Littleton Chambers, 10th February 2017

Source: www.littletonchambers.com

Strict Interpretation by Court of Appeal of Condition Precedent in Favour of Insured by Court of Appeal – Park Square Barristers

Posted February 17th, 2017 in contracts, insurance, interpretation, news by sally

‘As with many insurance policies, the Respondent’s policy with the Appellant insurance company contained a condition precedent requiring the insured to notify its insurer “as soon as possible after the occurrence of any event likely to give rise to a claim”. The Appellant withdrew indemnity to the Respondent in respect of a claim, contending that such condition precedent had not been met.’

Full story

Park Square Barristers, 23rd January 2017

Source: www.parksquarebarristers.co.uk

Government rebuffs latest calls for no-fault divorce – Law Society’s Gazette

Posted February 17th, 2017 in divorce, news, parliament by sally

‘Widespread calls to reform divorce laws appear to be falling on deaf ears after the government confirmed it has no current plans to change existing legislation.’

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Law Society’s Gazette, 15th February 2017

Source: www.lawgazette.co.uk

Approaching Deposit Orders After H v Ishmail – Littleton Chambers

Posted February 17th, 2017 in deposits, employment tribunals, news by sally

‘Deposit orders can be a useful tool for respondents facing unmeritorious claims. This is particularly true for discrimination or whistleblowing claims, which are notoriously difficult to get struck out. A separate deposit order can be made in respect of each allegation in a claim, not just each claim, and this can be useful where the claims make wide-ranging allegations over a long period.’

Full story

Littleton Chambers, 19th January 2017

Source: www.littletonchambers.com

Expert Evidence, Adjournment and Proving Loss: A Practical View from the Bar – Littleton Chambers

Posted February 17th, 2017 in adjournment, case management, expert witnesses, news by sally

‘There has recently been a run of cases in which courts have at case and costs management conferences (CCMC) refused permission to a party seeking to call an expert. Such refusals may be made on grounds of relevance, proportionality or because the evidence that is sought to be adduced is, on analysis, not expert evidence at all, as held by the judge in Darby Properties Ltd and another v Lloyds Bank plc [2016] EWHC 2494 (Ch).’

Full story

Littleton Chambers, 11th January 2017

Source: www.littletonchambers.com

Brexit & currency flip-flops in court – New Law Journal

Posted February 17th, 2017 in brexit, costs, EC law, news, referendums by sally

‘Francis Kendall considers the impact of the falling pound on costs awards to European litigants.’

Full story

New Law Journal, 16th February 2017

Source: www.newlawjournal.co.uk

Budget does not replace detailed assessment, says another regional costs judge – Litigation Futures

Posted February 17th, 2017 in budgets, costs, news by sally

‘A second regional costs judge has ruled that an approved budget does not hinder a detailed assessment, but also called on the higher courts or the rule committee to give a definitive view.’

Full story

Litigation Futures, 16th February 2017

Source: www.litigationfutures.com

The OCENSA Pipeline Group Litigation: costs in group litigation – Henderson Chambers

Posted February 17th, 2017 in costs, indemnities, news by sally

‘On 21 December 2016, Mr Justice Stuart-Smith gave judgment in relation to the costs issues arising out of the OCENSA Pipeline Group Limitation (Arroyo v Equion Energia Limited [2016] EWHC 3348 (TCC)). This judgment followed the very lengthy judgment ([2016] EWHC 1699 (TCC)) given on 27 July 2016, in which he dismissed, on the facts and on the law, 4 Lead Claims.’

Full story (PDF)

Henderson Chambers, 20th January 2017

Source: www.hendersonchambers.co.uk

Ransomware fast becoming the top cyber risk facing organisations, says expert – OUT-LAW.com

Posted February 17th, 2017 in computer crime, internet, news by sally

‘Ransomware is fast becoming the biggest cyber risk facing organisations, who often feel pressured to pay criminals to give them back control over the data they have encrypted or deleted.’

Full story

OUT-LAW.com, 16th February 2017

Source: www.out-law.com

Insurance surgery: liability & multi-party accidents abroad – New Law Journal

Posted February 17th, 2017 in accidents, conflict of laws, EC law, insurance, news, personal injuries by sally

‘The Court of Appeal has provided welcome clarity on determining which laws should apply in cross-border cases, says Kelvin Farmaner.’

Full story

New Law Journal, 16th February 2017

Source: www.newlawjournal.co.uk

‘Devastated and destroyed’: McKenzie friend victims speak out on TV – Law Society’s Gazette

Posted February 17th, 2017 in McKenzie friends, news, perverting the course of justice by sally

‘McKenzie friend whom the Gazette has been investigating since the end of last year has been featured on a BBC current affairs programme on which his former clients spoke of feeling ‘devastated, destroyed and distraught’ by his actions.’

Full story

Law Society’s Gazette, 13th February 2017

Source: www.lawgazette.co.uk

Graham John Wheeler: Referendums That Time Forgot – UK Constitutional Law Association

Posted February 17th, 2017 in bills, constitutional history, legal history, news, referendums by sally

‘It is well known that the first national referendum in the UK was the 1975 poll on EEC membership. It is also quite well known that A.V. Dicey called for the introduction of the referendum into British politics from the 1880s onwards as a means of defeating Irish home rule. This episode was the subject of an exchange between Dominic Chambers QC and Lord Sumption in the Article 50 case.’

Full story

UK Constitutional Law Association, 17th February 2017

Source: www.ukconstitutionallaw.org

A repeat of Mid Staffs errors is ‘inevitable’, warns Sir Robert Francis – Local Government Lawyer

Posted February 17th, 2017 in hospitals, inquiries, news by sally

‘The QC who carried out a review of failures at the Mid Staffs Hospital five years ago says that a similar collapse is ‘inevitable’ under current circumstances where some health trusts are accepting impossible performance targets. ‘

Full story

Local Government Lawyer, 17th February 2017

Source: www.localgovernmentlawyer.co.uk

Judy Dawson discusses another case involving incorrect Court fees paid and whether this gifts the Defendant a limitation defence – Park Square Barristers

Posted February 17th, 2017 in damages, fees, limitations, news by sally

‘In January 2016 I discussed the case of Lewis v Ward Hadaway [2015] EWCA 3503 (Ch) and the possible avenues for Defendants to counter a practice which was at least perceived to be increasing of Claimant solicitors issuing Claim Forms for values below the actual value of the claim, in order to delay the payment of higher Court Fees.’

Full story

Park Square Barristers, 13th January 2017

Source: www.parksquarebarristers.co.uk

Officials “exceeded powers” when barring demonstrators from entering court – Local Government Lawyer

Posted February 17th, 2017 in courts, demonstrations, HM Courts Service, news, public order by sally

‘Court officials exceeded their powers when they barred supporters of the founder of the Fathers 4 Justice pressure group from entering Aldershot Magistrates Court.’

Full story

Local Government Lawyer, 17th February 2017

Source: www.localgovernmentlawyer.co.uk

When is relief from forfeiture available? – Tanfield Chambers

Posted February 17th, 2017 in canals, estoppel, forfeiture, licensing, news, water by sally

‘Property analysis: Is relief from forfeiture only available to claimants with proprietary or possessory rights? Barrister Robert Bowker, of Tanfield Chambers, considers the recent High Court decision in General Motors UK v Manchester Ship Canal Company.’

Full story

Tanfield Chambers, 26th January 2017

Source: www.tanfieldchambers.co.uk

The legal landscape on cybersecurity is changing with stiffer fines for breaches on the way, says expert – OUT-LAW.com

Posted February 17th, 2017 in data protection, EC law, fines, news, notification by sally

‘Organisations face stiffer obligations on the security measures they must put in place to prevent their systems and data being compromised as well as new duties to disclose major incidents or breaches they experience.’

Full story

OUT-LAW.com, 16th February 2017

Source: www.out-law.com