‘The Unfair Contract Terms Act 1977 is a powerful way to avoid exclusions of liability. Its power, however, is tempered by need for one party to deal with the other ‘as a consumer or on the other’s written standard terms of business’ (s. 3(1)).’
Littleton Chambers, 19th July 2017
Source: www.littletonchambers.com
‘Prior to today’s decision of the Supreme Court the score read Her Majesty’s Government 2: UNISON 0 in the efforts of the union to overturn the Employment Tribunal fees regime which has been in place since July 2013.’
Littleton Chambers, 26th July 2017
Source: www.littletonchambers.com
‘Whilst the Taylor Review may be the talking point of the week, Michael Duggan QC writes that the case of Chesterton Global Limited v Mohamed Nurmohamed, Public Concern At Work (intervener) [2017] EWCA Civ 979, 10th July 2017 is perhaps the case of the week. It concerns the vexed question of good faith in public interest disclosures of whistleblowing.’
Littleton Chambers, 19th July 2017
Source: www.littletonchambers.com
‘Boundary disputes are among the most expensive and acrimonious litigation. It is rare to find an area of law in which a “point of principle” so often leads to such disregard of otherwise compelling considerations such as time, energy and cost. Kerry Bretherton QC of Tanfield Chambers provides a summary of some of the main legal principles applicable in boundary disputes that RICS professionals should be aware of.’
Tanfield Chambers, 9th August 2017
Source: www.tanfieldchambers.co.uk
‘Britain will be subject to the rulings of European courts after Brexit, the government has conceded, in an apparent climbdown from its promise of judicial independence.’
The Guardian, 21st August 2017
Source: www.theguardian.com
‘The amount of a costs order in the employment tribunal (ET) can be made subject to detailed assessment, to be carried out (either by the ET or by a county court) in accordance with the Civil Procedure Rules 1998 (CPR) (rule 78, ET Rules). It was traditionally understood that this application of the CPR to ET procedure was limited to the assessment of the level of costs, as opposed to the separate question of whether costs should be ordered at all. As reflected in the CPR, “costs follow the event” in the civil courts. In contrast, the ET has a limited costs jurisdiction, which depends on the existence of improper or unreasonable conduct and the exercise of discretion in the presence of such conduct as to whether to award costs.’
Littleton Chambers, 24th July 2017
Source: www.littletonchambers.com
‘The Court of Appeal last week heard a case under the Care Act 2014 for the first time, with a disabled man challenging a High Court decision that a county council had acted lawfully in deciding to reduce his weekly personal budget by 42%.’
Local Government Lawyer, 21st August 2017
Source: www.localgovernmentlawyer.co.uk
‘Joey Barton, the controversial Burnley FC midfielder (and sometime BBC Question Time panellist), was in December 2016 charged by the FA with a breach of rule E8: betting. It was said that he had placed 1,260 bets on professional football matches over a ten-year period. He pleaded guilty to the alleged misconduct. An FA regulatory commission (the “Commission”) was convened to hear submissions and decide on sanction. Its decision, made on 26 April 2017, was to suspend Barton from all football-related activities for 18 months with immediate effect.’
Littleton Chambers, 31st July 2017
Source: www.littletonchambers.com
‘The High Court has granted an injunction against a party that was well aware that a document it was using was a privileged letter accidentally disclosed by the other side.’
Litigation Futures, 22nd August 2017
Source: www.litigationfutures.com
‘A lettings agency has been ordered to pay more than £20,000 in fines, compensation and costs after issuing ‘sham licences’ to renters and using a letting agency association logo when it was not a member, in what is thought to be the first prosecution of its kind in England.’
Local Government Lawyer, 21st August 2017
Source: www.localgovernmentlawyer.co.uk
‘Richard Susskind, IT adviser to the Lord Chief Justice, has spent many years looking into the future of the law. In a fascinating podcast paving the way for his new book The Future of the Professions and the updated Tomorrow’s Lawyers, he discusses with OUP’s George Miller the new world of technological advancements in the day to day management of dispute resolution. We have taken the liberty of summarising the podcast here and posting a link to the interview at the end of this post.’
UK Human Rights Blog, 21st August 2017
Source: ukhumanrightsblog.com
‘It is well known that the governing principle of the Land Registration Act 2002 is to enable anyone to be aware of any interest affecting a piece of land by simply inspecting the land register (subject to some limited exceptions, e.g. where a person is in occupation and their interest is likely to be obvious from a reasonable inspection). If an interest affecting the land is not noted within the register then it ought not bind a subsequent registered proprietor.’
Tanfield Chambers, 4th August 2017
Source: www.tanfieldchambers.co.uk
‘A campaigning group opposed to Rupert Murdoch’s takeover of Sky is threatening a legal challenge to the media regulator’s ruling that the broadcaster would remain “fit and proper” to hold a UK licence if it was snapped up by 21st Century Fox.’
The Guardian, 21st August 2017
Source: www.theguardian.com
‘Some 800 cases of charity fraud were reported in the UK last year. But with police warning that they represent just a fraction of the number actually taking place, is enough being done to deal with the scammers?’
BBC News, 21st August 2017
Source: www.bbc.co.uk
‘Ministers in the UK are considering creating an internet ombudsman to deal with complaints about hate crimes and are pressing ahead with proposals for a levy on social media companies to help pay for the policing of online offences.’
The Guardian, 22nd August 2017
Source: www.theguardian.com
‘The case concerns claims under s15 Commons Act (2006) for town and village greens and the scope for applicants to amend a defective application under Regulation 5(4) of the Commons (Registration of Town or Village Greens) (Interim Arrangements) (England) Regulations 2007 (‘the 2007 Regulations’), so that it is duly made. This can be crucial (as in this case) in determining whether an application has been made within the period of grace allowable under the Commons Act, or is effectively time barred.’
Tanfield Chambers, 21st July 2017
Source: www.tanfieldchambers.co.uk
‘Thirty-something lovers Fallon Rogers (barmaid) and Harrison Burns (police constable) didn’t have much money between them. What little they had was Harrison’s – enough for a deposit on a modest house, in fact. Fed up with all the broken boilers and other hassles of renting, Harrison thought it would be an idea for them to look at buying a property. Fallon was unable to obtain financial assistance from any of her cash-strapped family to help her fund any such purchase. But all was not lost….’
Tanfield Chambers, 20th July 2017
Source: www.tanfieldchambers.co.uk
‘A heterosexual couple who want to enter a civil partnership instead of getting married have been granted the right to take their case to the Supreme Court.’
BBC News, 22nd August 2017
Source: www.bbc.co.uk
‘A civil servant and her husband kept an African woman in servitude at their home, a judge has concluded.’
The Guardian, 21st August 2017
Source: www.theguardian.com
‘The recent tragedy at Grenfell Tower in west London has brought into sharp focus the importance of having adequate fire safety in large blocks of flats. There has been much public debate about landlords cutting corners with fire protection or failing to retro-fit sprinklers. There are now calls for landlords to be required to bring older blocks up to modern standards of fire protection. This is an imperative but there are obstacles to achieving it. This article examines the legal and financial hurdles that landlords face in bringing their blocks up to an acceptable standard and proposes legislative reform to bring about the much needed works quickly.’
Tanfield Chambers, 25th July 2017
Source: www.tanfieldchambers.co.uk
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