‘The High Court has held that the exclusion from security of tenure for service occupiers is not unlawful discrimination contrary to Art.14, European Convention on Human Rights.’
Arden Chambers, 21st June 2017
Source: www.ardenchambers.com
‘The Civil Procedure Rule Committee (CPRC) has warned lawyers involved in the “highly contentious area” of credit hire litigation that if they fail to agree a new model order for directions, they risk “a solution being imposed”.’
Litigation Futures, 6th July 2017
Source: www.litigationfutures.com
‘A coroner has called for changes to the way Home Office officials in Calais and Dunkirk deal with vulnerable child refugees after a 17-year-old Kurdish refugee fled Isis in Iraq only to be crushed under the wheels of a lorry while trying to seek sanctuary in the UK.’
The Guardian, 5th July 2017
Source: www.theguardian.com
‘Brexit will see Britain’s top judges prove they are the best in the world, the new Justice Secretary has insisted.’
Daily Telegraph, 6th July 2017
Source: www.telegraph.co.uk
‘More than 100 people in the UK have been convicted of terrorism offences related to Syria and Iraq since 2014, research by the BBC has revealed.’
BBC News, 6th July 2017
Source: www.bbc.co.uk
‘A high court bid to impose a permanent ban on industrial action being taken by prison officers has been launched by the justice secretary, David Lidington.’
The Guardian, 4th July 2017
Source: www.theguardian.com
‘The principles which apply to the construction and interpretation of “ordinary” contracts, are most famously set out in Investors Compensation Scheme and more recently explored in some other cases. Although Wood v Capita appears to indicate a continued trend in the authorities towards a stricter textual analysis, it remains the case that the context in which a contract was agreed, the “factual matrix”, is an important part of the Court’s armoury in establishing meaning.’
Falcon Chambers, June 2017
Source: www.falcon-chambers.com
‘In May this year I blogged about the case of Thakkar v Patel [2017] EWCA Civ 117 as an example of a case in which the Court of Appeal was encouraging parties to mediate their dispute or face serious cost consequences [Mediation? “Get on with it” says the Court of Appeal]. In that case the Court found that mediation was “obviously appropriate” and did not occur because of lack of co-operation by the defendant. I commented then that “no two cases are the same”. Now along comes the case of Gore v Naheed [2017] EWCA Civ 369.’
Garden Court Chambers, 26th June 2017
Source: gardencourtmediation.co.uk
‘Ministers must work faster to ensure that after Brexit UK and EU court judgments are mutually recognised and enforced, the lord chief justice has urged.’
The Guardian, 5th July 2017
Source: www.theguardian.com
‘Holly Clegg considers the recent case of Lee Crawley v Barnsley Metropolitan Borough Council. Councils must have an adequate system in place for repairing defects in the highway over the weekend.’
Park Square Barristers, 14th June 2017
Source: www.parksquarebarristers.co.uk
‘The Commercial Court has recently considered the principles relating to the refusal to enforce a foreign arbitral award on grounds of fraud: Stati and others v The Republic of Kazakhstan [2017] EWHC 1348 (Comm), a decision of Knowles J, writes Nicholas Goodfellow.’
Littleton Chambers, 19th June 2017
Source: www.littletonchambers.com
‘The defendant, Islington Borough Council, maintained an allocation scheme which provided that certain categories of people were excluded from joining the housing register, including those who had lived in the borough for less than three out of the previous five years. However, the scheme allowed for exceptions to be made. In particular, in respect of homeless applicants to whom a long-term housing duty under Part 7 Housing Act 1996 had been accepted.’
Garden Court Chambers, 5th July 2017
Source: www.gardencourtchambers.co.uk
‘The long-awaited overhaul of the Insolvency Rules 1986 (IR 1986) is now complete, and the Insolvency Rules 2016 (IR 2016) came into force on 6 April 2017. The journey to this point has not been without its difficulties and it would be fair to say that many had anticipated them being in force some time earlier. Perhaps unusually for provisions so overtly procedural in their nature, IR 2016 have also proved to be somewhat controversial.
Hardwicke Chambers, 14th June 2017
Source: www.hardwicke.co.uk
‘In a decision handed down yesterday, the Court of Appeal in Harrison v University Hospitals Coventry & Warwickshire NHS Trust [2017] EWCA Civ 791 determined important issues in costs budgeting. They are of relevance to all practitioners.’
Hailsham Chambers, 22nd June 2017
‘The substantive claim was a straight forward, low value personal injury claim arising out of a road traffic accident. Liability was admitted. Trial directions were given, requiring witness statements to be served by 3rd November 2016. At the eleventh hour, the Claimant’s solicitors sought an extension of two weeks from the Defendant, which was agreed (an “indulgence” in the view of the judge on appeal).’
Park Square Barristers, 27th June 2017
Source: www.parksquarebarristers.co.uk
‘In a robustly worded judgment handed down today, Mr Justice Collins found the revised benefits cap operated to unlawfully discriminate lone parents with children under the age of two and those children under the age of two.’
Garden Court Chambers, 22nd June 2017
Source: www.gardencourtchambers.co.uk
‘In Secretary of State for Work and Pensions v The City of Glasgow Council & IB [2017] CSIH 35, 31 May 2017 (Lord Brodie, Lady Clark of Calton and Lord Glennie) the Court of Session in Scotland considered what factors should be taken into account in establishing whether a room is a bedroom for the purposes of Reg B13 of the Housing Benefit Regulations 2006 SI 2013 (the bedroom tax).’
Garden Court Chambers, 3rd July 2017
Source: www.gardencourtchambers.co.uk
‘The claimant, Hertfordshire County Council, were the owners of a bungalow occupied by the defendant, Mr Davies, and his family. The accommodation was tied to a local school, and Mr Davies had lived there since 2003 in his role as caretaker for the school.’
Garden Court Chambers, 5th July 2017
Source: www.gardencourtchambers.co.uk
‘In this Judgment handed down last week, the Court considered the potential for credit hire companies, who were not parties to the litigation, to be the subject of costs orders. The Appellant car hire company was the subject of such a non-party costs order at first instance and appealed to the High Court. The decision is one which anyone involved in credit hire should be aware of.
Park Square Barristers, 29th June 2017
Source: www.parksquarebarristers.co.uk
‘Earlier this year in the US, a legal case revolved around the use of an Oxford comma. Not to be outdone, last month the Court of Appeal in England & Wales had to determine the meaning of the word ‘or’; in doing so, they embarked upon a semantic analysis of one of the most common words in the English language, flavoured by the Supreme Court’s most recent case on construction of contracts.’
Hardwicke Chambers, 15th June 2017
Source: www.hardwicke.co.uk
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