Teenager cleared of manslaughter after killing stepfather with one punch – The Independent
‘A teenager who killed his stepfather with a punch to the head has walked free from court.’
The Independent, 16th May 2017
Source: www.independent.co.uk
Opposition group crowd funds judicial review of sale of farms by council – Local Government Lawyer
‘An opposition group on Herefordshire Council is seeking to crowd fund a judicial review challenge over the local authority’s decision to sell off its farm estate.’
Local Government Lawyer, 16th May 2017
Source: www.localgovernmentlawyer.co.uk
Scattering Ian Brady’s ashes – Law & Religion UK
‘The inquest into the death of the remaining “Moors Murderer”, Ian Brady, commenced on 16 May 2017, and the BBC reported that his ashes would not to be scattered at Saddleworth Moor, the burial place of many of their victims. Senior coroner Christopher Sumner is reported as saying that “he knew he did not have the legal power to make such a request but believed it was the ‘correct moral judgement’”.’
Law & Religion UK, 17th May 2017
Source: www.lawandreligionuk.com
Sumption: Supreme Court pulling back from broad construction of contracts – Litigation Futures
‘Lord Sumption has called for a return to a more straightforward approach to how judges construct contracts that focuses on the words rather than trying to work out what the parties intended by looking at the surrounding circumstances.’
Litigation Futures, 16th May 2017
Source: www.litigationfutures.com
Court of Appeal determines approach for deciding loss where litigation solicitors miss second claim – OUT-LAW.com
‘Where solicitors have negligently failed to advise a client to pursue a particular claim, they will be deemed to have caused loss if their client can show that it would have brought the claim if so advised, and that it would have had a real prospect of success, the Court of Appeal has said.’
OUT-LAW.com, 16th May 2017
Source: www.out-law.com
Employees, Directors & the Futures Path of Corporate Governance Reform – Littleton Chambers
‘Shortly before the calling of a General Election the Business and Enterprise Select Committee of the House of Commons published a report on corporate governance. As the report’s reception and subsequent comment have made clear, whatever the outcome of the election the framework set by the report is likely to determine the direction of future corporate governance reform.’
Littleton Chambers, 9th May 2017
Source: www.littletonchambers.com
Uber faces legal threat from union over London licence – The Guardian
‘Uber has come under further pressure in London after a union threatened legal action if the capital’s transport authority renews the taxi app’s licence without guaranteeing more rights for drivers.’
The Guardian, 16th May 2017
Source: www.guardian.co.uk
Disability Discrimination: “Perception Versus Reality” By Nicholas Siddall – Littleton Chambers
Nicholas Siddall analyses the decision of the EAT in Peninsula v Baker [2017] UKEAT/0241/16 and the arguably anomalous position that this creates as regards disability in the context of equality law.
Littleton Chambers, 16th May 2017
Source: www.littletonchambers.com
Student who stabbed boyfriend may avoid jail as it would ‘damage her career’ – The Guardian
‘An Oxford University student who stabbed her boyfriend with a bread knife may not go to jail because it could damage her prospects of a medical career, a court has heard.’
The Guardian, 16th May 2017
Source: www.guardian.co.uk
Woman whose dog mauled toddler to death gets suspended sentence – The Guardian
‘A woman whose American bulldog mauled to death a three-year-old boy has been given a suspended sentence.’
The Guardian, 16th May 2017
Source: www.guardian.co.uk
Methodist minister John Price found guilty of abusing boys under hypnosis – BBC News
‘A retired Methodist minister has been found guilty of indecently assaulting four boys he had tried to hypnotise.’
BBC News, 16th May 2017
Source: www.bbc.co.uk
Charlene Ashiru on Protecting Your Judgment: A New Tort of Asset-Stripping? – Littleton Chambers
‘Whilst it might be tempting as a Defendant company to dissipate assets to avoid Judgment debts, it is ill-advised and is unlikely to provide an easy escape.’
Littleton Chambers, 16th May 2017
Source: www.littletonchambers.com
Ian Brady’s ashes must not be scattered on moor, says coroner – The Guardian
‘Ian Brady’s ashes must not be scattered on Saddleworth Moor, where he buried four of his child victims, a coroner has said.’
The Guardian, 16th May 2017
Source: www.guardian.co.uk
Martin Fodder & Jeremy Lewis on Important New Decision from Court of Appeal on Workers Status for Whistleblowers – Littleton Chambers
‘The Court of Appeal has reversed the decision of the Employment Appeal Tribunal which had decided that a junior doctor’s contention that he was “a worker” in relation to Health Education England should be struck out as having no reasonable prospect of success. The decision is of importance not only to junior doctors but also more generally. Martin Fodder and Jeremy Lewis, two of the authors of Whistleblowing, Law and Practice, 3rd Edition, OUP, 2017 of Littleton, consider the judgment. David Reade QC and Nicholas Siddall (both also of Littleton) appeared in the case representing Health Education England.’
Littleton Chambers, 9th May 2017
Source: www.littletonchambers.com
Honesty and integrity – honestly different? – UK Police Law Blog
‘Another month, another decision on the meaning of honesty and integrity. Given that the Standard of ‘Honesty and Integrity’ is considered primus inter pares in relation to the other Standards, in that a breach of it puts an officer at serious risk of dismissal, what amounts to this is important – for officers and presenting authorities.’
UK Police Law Blog, 12th May 2017
Source: www.ukpolicelawblog.com
Low-Budget Litigation – Not Necessarily A Good Thing – Parties Should Not Treat Costs Budgeting As Some Sort of Game – Zenith PI Blog
‘It is far from unknown, in my own experience of costs management hearings, for a party which does not expect to recover any costs (for example, a defendant in a case where liability has been admitted) to serve a very low costs budget.’
Zenith PI Blog, 16th May 2017
Source: www.zenithpi.wordpress.com
The equity of exoneration reconsidered: Williams v Onyearu [2017] EWCA Civ 268 – Hardwicke Chambers
‘The equity of exoneration is a principle which arises at the difficult intersection of the law of sureties and proprietary interests in jointly-owned property – commonly, family homes. It is a common law doctrine which saw much development in the latter part of the 19th Century, and had not been properly considered by the Court of Appeal since 1898 before the case of Williams v Onyearu.’
Hardwicke Chambers, 9th May 2017
Source: www.hardwicke.co.uk
Similarities, Connections or Relationships? Aggregation following AIG Europe v Woodman – Hardwicke Chambers
‘Aggregation clauses are commonly used in professional liability policies and can have a substantial impact on the recoverable damages in a claim. The Supreme Court considered the proper construction of the aggregation clause in the Law Society’s Minimum Terms and Conditions (“the Minimum Terms”) in AIG Europe v Woodman [2017] UKSC 18 and in so doing also provided useful guidance on the approach to be taken to the construction of aggregation clauses more generally.’
Hardwicke Chambers, 12th May 2017
Source: www.hardwicke.co.uk
What’s in a name? Appeal judges reject pleas of claimant who sued wrong firm – Legal Futures
‘Appeal judges have rejected the pleas of a claimant who, faced by two law firms with similar names set up by the same solicitor, sued the wrong one.’
Legal Futures, 16th May 2017
Source: www.legalfutures.co.uk
Drawing the line: Experts, directions and the “ultimate issue” – Henderson Chambers
‘How should a judge direct a jury where an expert witness has given their opinion on the “ultimate issue” to be decided in the case? The answer, the Court of Appeal has confirmed, is: carefully. In R v Sellu [2016] EWCA Crim 1716, the Court of Appeal overturned the conviction of the Appellant, a consultant surgeon, for gross negligence manslaughter on the grounds that the trial judge had failed to adequately direct the jury as to the meaning of gross negligence, in circumstances where expert witnesses had expressly given their view as to whether the conduct of the Appellant amounted to the same.’
Full story (PDF)
Henderson Chambers, 19th April 2017
Source: www.hendersonchambers.co.uk
